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, MARCH 13, 1996 No. 34 House of Representatives

The House met at 11 a.m. and was KLINK] come forward and lead the the need to seek justice for their fami- called to order by the Speaker pro tem- House in the Pledge of Allegiance. lies. pore [Mr. EVERETT]. Mr. KLINK led the Pledge of Alle- f f giance as follows: I pledge allegiance to the Flag of the REPUDIATION OF EXTREMIST DESIGNATION OF THE SPEAKER United States of America, and to the Repub- CUTS IN EDUCATION PRO TEMPORE lic for which it stands, one nation under God, (Mr. KLINK asked and was given per- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. mission to address the House for 1 fore the House the following commu- f minute and to revise and extend his re- nication from the Speaker: ANNOUNCEMENT BY THE SPEAKER marks.) WASHINGTON, DC, PRO TEMPORE Mr. KLINK. Mr Speaker, the other March 13, 1996. body yesterday by a vote of 86 to 14 I hereby designate the Honorable TERRY The SPEAKER pro tempore. The handed out a repudiation of the ex- EVERETT to act as Speaker pro tempore on Chair announces that he will entertain tremist cuts in education that have this day. fifteen 1-minutes on each side. been promoted by the Republicans in NEWT GINGRICH, f this House. Many schools are only a Speaker of the House of Representatives. few weeks from notifying teachers that f JUSTICE FOR THE VICTIMS OF PAN AM FLIGHT 103 AND THEIR they will not be rehired next year. PRAYER FAMILIES Local and State governments will have The Chaplain, Rev. James David (Ms. ROS-LEHTINEN asked and was to eliminate needed education pro- Ford, D.D., offered the following pray- given permission to address the House grams, or they are going to have to er: for 1 minute and to revise and extend raise the property taxes on people who For the beauty of life’s gifts and for her remarks.) are already overtaxed, who are busi- the splendor of Your grace, we offer our Ms. ROS-LEHTINEN. Mr. Speaker, ness owners or homeowners. thanks, gracious God, for the new day. on December 21, 1988, Pan Am flight 103 The 103d Congress was the education Though we must know the details of was blown out of the sky by a terror- Congress. It passed Goals 2000, national the particulars of each event, yet may ist’s bomb. That brutal, cowardly act service, school-to-work funding for stu- we not only focus on what is in front of killed all 259 aboard, including 189 dents who are not going to college but us, but lift our eyes to glimpse the vi- Americans, 1 of whom, John Cummock, need to be headed into a job. The 104th sion of the opportunities You have pre- was a constituent of my congressional Congress now wants to cut those pro- pared for each of us. O loving God, from district. grams, along with title I, summer whom has come our creation and the Months of detective work finally un- youth jobs, dislocated workers, Head sustenance of the heavens and the covered the hand of Libyan dictator Start, drug-free schools. It was the rob- earth, may Your strong arm support us Mu’ammar Qadhafi behind this trag- ber barons of the 1800’s that did not along life’s way and may Your spirit edy. want to fund education for the children sustain us in all we ask or think or do. Since the identification of the Liby- of their workers, so the public funded In Your name we pray. Amen. an agents who committed this crime, education. Now the new robber barons f diplomatic pressure has been applied in of this generation want to take the an effort to force the extradition of public investment out of public THE JOURNAL these murderers. Qadhafi has refused to schools. We should not let them. The SPEAKER pro tempore. The surrender them for trial, in either the f Chair has examined the Journal of the United Kingdom or the United States. THE ERA OF BIG GOVERNMENT IS last day’s proceedings and announces Today, this House will have the op- ALIVE, WELL, AND LIVING IN to the House his approval thereof. portunity to allow the families of these Pursuant to clause 1, rule I, the Jour- murder victims a chance to seek jus- THE WHITE HOUSE nal stands approved. tice against Qadhafi, by passing a bill (Mr. CHABOT asked and was given f that will allow these families the permission to address the House for 1 chance to present the facts of this minute and to revise and extend his re- PLEDGE OF ALLEGIANCE crime in American courts. marks.) The SPEAKER pro tempore. Will the I urge my colleagues to remember Mr. CHABOT. Mr Speaker, 50 days gentleman from Pennsylvania [Mr. the victims of Pan Am flight 103 and ago President Clinton stood before the

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.

H2125 H2126 CONGRESSIONAL RECORD — HOUSE March 13, 1996 American people right here behind me bully Congress into giving him $8 bil- No matter how hard we try to make in this Chamber and said, ‘‘The era of lion more in the appropriations bill to the President understand the impor- big government is over.’’ I am here to spend on his liberal agenda. Instead of tance of a balanced budget, for our fu- announce that, unfortunately, rumors working to balance the Federal budget, ture and for the future of our children of the demise of big government were the President wants to increase spend- and grandchildren, he fights us at premature. Big government is in fact ing in order to appease his liberal base every turn. alive and well, and living in the White of support in this election year. As a new Member of the House of House. Mr. Speaker, this is not what the Representatives, I came here to get a In case Members have not heard, Mr. American people want. They want a job done. Speaker, Bill Clinton has requested bil- smaller, less costly, more efficient The American people sent us here to lions more in spending on many of his Government. They want their elected put a stop to the reckless spending pet projects and liberals’ constitu- officials to represent their priorities practices that have saddled us all with encies. The President wants more and their values, not Washington, DC, a mountain of debt. money for corporate welfare, more values. And, once again, the President But the Clinton administration money for ineffective job training pro- has let the American people down by fights us at every turn. Somehow, grams, more money for the National trying to increase, not decrease Gov- President Clinton wants us to believe Endowment for the Arts, and more ernment spending. that in a budget of about a trillion and money for Goals 2000, and on and on f a half dollars, we’re still not spending and on. BIG GOVERNMENT, NO; BUT enough. Mr. Speaker, let us not delude our- EDUCATION, YES Mr. Speaker, the American people selves into believing that big govern- are listening; they have a Congress ment is over. The President’s pork bar- (Ms. JACKSON-LEE of Texas asked committed to a balanced budget and a and was given permission to address rel package proves that liberal Wash- President that isn’t, despite his rhet- the House for 1 minute and to revise ington special interests and the bu- oric to the contrary. If we cannot con- and extend her remarks.) vince him to do what’s right, perhaps reaucrats still want big government. Ms. JACKSON-LEE of Texas. Mr. the American people will. Let us continue the fight against big Speaker, I would simply say that big Federal Government, reduce the tax government is over, but I think my Re- f burden on hard-working Americans, publican colleagues think that oppor- REPUBLICAN EDUCATION CUTS and let us balance the budget. tunity for children is over as well. This ARE WRONG f Republican Congress is the bashing (Ms. DELAURO asked and was given THE WHITEWATER INVESTIGATION education Congress. They refuse to in- permission to address the House for 1 clude in this continuing resolution re- HAS REACHED THE FINAL FRON- minute and to revise and extend her resources for education. In fact, in my TIER OF JURISPRUDENCE marks.) home State of Texas, we will lose $97.8 (Mr. TRAFICANT asked and was Ms. DELAURO. Mr. Speaker, yester- million in title I funds, $8.5 million in given permission to address the House day, the extreme agenda of House Re- funds for the safe and drug-free schools for 1 minute and to revise and extend publicans was repudiated by their own program, and Harris County alone will his remarks.) Republican colleagues in the Senate. lose $7.9 million in title I funds. Mr. TRAFICANT. Mr. Speaker, some Do my colleagues know what school The Senate voted 84 to 16 to pass a people say that politics in America is boards around this Nation are doing? Democratic amendment that restored getting real strange. Take Whitewater. They are presently wondering whether vital funding for education. Please, somebody take Whitewater. we are going to be able to hire teachers They restored $2.7 billion in funding Whitewater has now gone where no to teach our children. Big government for education and job training pro- man or woman has ever gone before, as is one thing. We all agree we must grams cut by House Republicans. That evidenced by juror Barbara Adams, reinvent government. But what do means $814 million more in basic skills who shows up in a sleek red and black Members believe about educating their training in reading and math; $635 mil- Star Trek uniform, complete with children and having Goals 2000 that lion restored for summer youth jobs; phaser and communicator. Adams said emphasizes quality education? Repub- and $200 million added for safe and she is constantly prepared to be licans apparently do not believe in it. drug-free schools. beamed up by Captain Kirk. The Congress will not even fund good Education is a priority for the Amer- Surprised? Not me. I would not be education programs—promoting com- ican people. They understand that we surprised to see some of those wit- puter and reading literacy among dis- live in an age when a good wage is tied nesses show up wearing a beanie with a advantaged children. to a good education. propeller on top. Mr. Speaker, this has The irony of it is that the Senate has Let us not turn our backs on the taken American jurisprudence to a agreed that we need job training and schoolchildren of America by cutting whole new dimension. Trial by a jury education. They voted 84 to 16 to put in education funding so vital for them to of your peers is getting a whole new some $2.7 billion for education. We are live a secure and prosperous life in the definition, and I pronounce here today not listening over here. What else do 21st century. and acclaim that Whitewater has now we not have? Summer job programs. Mr. Speaker, I hope my Republican entered the final frontier. Beam me up, We do not have summer jobs for our colleagues in the House will hear the Mr. Speaker. youngsters, the Senate agreed summer wake-up call from Senate Republicans, f jobs for our youth should be funded. I rather than blindly charging ahead wish they would listen. Education, yes; with education cuts that are both THE PRESIDENT IS STILL TRYING wrong headed and hard hearted, and TO INCREASE GOVERNMENT big government, no. f that will hurt working middle-class (Mr. HERGER asked and was given families of this country. permission to address the House for 1 THE PRESIDENT SHOULD f minute and to revise and extend his re- BALANCE THE BUDGET marks.) (Mrs. KELLY asked and was given LIBERALS ARE ADDICTED TO BIG Mr. HERGER. Mr. Speaker, just this permission to address the House for 1 SPENDING past January President Clinton stood minute and to revise and extend her re- (Mr. HEFLEY asked and was given on this very House floor and pro- marks.) permission to address the House for 1 claimed that the era of big government Mrs. KELLY. Mr. Speaker, you can minute and to revise and extend his reis over. lead a horse to water, but you can’t marks.) Well, once again President Clinton’s make him drink. We have led the Mr. HEFLEY. Mr. Speaker, liberals actions speak louder than his words. President to at least agree to the prin- like to wrap themselves in conserv- He’s now threatening to shut down the ciple of balancing the budget, but he ative roles, partially at election times. Government again in an attempt to just won’t take the next step and do it. This was the case 50 days ago when Bill March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2127 Clinton said that the era of big govern- House to the bill (S. 1494) ‘‘An Act to (Ms. VELA´ ZQUEZ. Mr. Speaker, I ment was over. Fat chance, Mr. Speak- provide an extension for fiscal year 1996 rise today to voice my deep concern er. for certain programs administered by over the massive budget cuts by my Liberals are very good with disguises. the Secretary of Housing and Urban Republican colleagues to education But they can’t hide their addiction to Development and the Secretary of Ag- programs. We can no longer tolerate spending other people’s money. Re- riculture, and for other purposes.’’. this. These are cuts that will not heal. cently, the President submitted a re- The message also announced that Their slash and burn approach to quest to spend an additional $8 billion pursuant to section 9355(a) of title 10, educating our children has many cas- for what is, essentially, a reelection United States Code, the Chair, on be- ualties. One example under the current pork package. The President wants to half of the Vice President, appoints Mr. continuing resolution is the Safe and spend money on all kinds of Federal BURNS, from the Committee on Appro- Drug-Free Schools and Communities programs that will appease his liberal priations, Mr. KEMPTHORNE, from the Program. How can children learn in an base. But the spending request totally Committee on Armed Services, and Mr. environment where they must fear for contradicts the President’s claim that EXON, at large, to the Board of Visitors their lives? We must give children the era of big government is over. of the United States Air Force Acad- every chance to live and learn—not Mr. Speaker, our Government is now emy. take them away. responsible for a $5 trillion debt. That The message also announced that Anyone concerned with the health debt will be shouldered by our children pursuant to section 4355(a) of title 10, and safety of our children would find and grandchildren. It is outrageous United States Code, the Chair, on be- these cuts distressing. Who among you that our President would masquerade half of the Vice President, appoints Mr. could look a child in the eyes and tell as a fiscal conservative while asking COCHRAN, from the Committee on Ap- them that tax cuts to fat cats are more Congress to add billions more to our propriations, Mr. REID, from the Com- important than their education—or debt. mittee on Appropriations, Mrs. their life? Mr. Speaker, it is time that we stop f HUTCHISON, from the Committee on Armed Services, and Mr. LEVIN, at shortchanging our most vulernable DO NOT BALANCE THE BUDGET ON large, to the Board of Visitors of the citizens. Hasn’t enough havoc been BACKS OF CHILDREN United States Military Academy. wreaked in children’s lives? We stand (Mrs. SCHROEDER asked and was The message also announced that on the brink of another shutdown and a given permission to address the House pursuant to section 6968(a) of title 10, CR with the largest education cuts for 1 minute and to revise and extend United States Code, the Chair, on be- ever. Let’s stop this assault on our her remarks.) half of the Vice President, appoints Mr. children and restore education funding now. Mrs. SCHROEDER. Mr. Speaker, it is HATFIELD, from the Committee on Ap- amazing. Never did I think I would be propriations, Ms. MIKULSKI, from the f down here saying, ‘‘Listen to the Sen- Committee on Appropriations, Mr. PASS H.R. 739, DECLARATION OF ate,’’ but here I am saying, ‘‘Listen to MCCAIN, from the Committee on Armed OFFICIAL LANGUAGE ACT the Senate,’’ because they are speaking Services, and Mr. SARBANES, at large, (Mr. ROTH asked and was given per- words we should hear here. to the Board of Visitors of the United mission to address the House for 1 Yesterday they voted 84 to 16, and States Naval Academy. minute.) they said very clearly, ‘‘You do not f Mr. ROTH. Mr. Speaker, much has balance the budget on the backs of b 1115 been said this morning about education America’s children. You do not balance and wasting of money. We spend some the budget on the backs of America’s CUT FUNDING FOR NEA $12 billion a year in this country, $12 future.’’ These are not the people that (Mr. JONES asked and was given per- billion a year on bilingual education, caused this deficit. B–2 bombers caused mission to address the House for 1 which means we teach kids in other this deficit. All sorts of other pork minute.) than the English language. projects caused this deficit. Mr. JONES. Mr. Speaker, the Presi- Let me tell Members about the Ninth Mr. Speaker, I think we have to get dent has again issued an ultimatum Street Public School in Los Angeles. down to the specifics of how we do it. that we, as Republicans, must allow an Many of the students in this school are And to do this on children, children additional $8 billion to be spent on a children of new Americans, and they that do not have political action com- host of Federal programs which many want to learn English. Their parents mittees, children who do not have of these programs are nothing but pork want them to learn English, too, but Gucci-shoed lawyers, they are the easy barrel type projects. This spending is they were so frustrated recently by the ones to shove out in the cold and say, to satisfy the liberal groups that he bilingual education program being ‘‘We have to balance the budget.’’ We needs for the upcoming election. Espe- foisted on their children that they took do that, and we have shortchanged the cially, the supporters of the National their kids out of school, boycotted the future of this Nation. Endowment of the Arts. school for a week. Listen to the Senate. They have un- I appreciate art as much as the next What does it say about our edu- derstood how extreme the other side of person. But, Mr. Speaker, it simply cational system when the second larg- this aisle is on those issues. Do not cut makes no sense to continue to tax est city in America has 300,000 students Head Start, do not cut drug-free working people’s incomes to pay for in bilingual education programs, where schools, and do not demolish our fu- works of art which insults and demean they are not taught in English, where ture. the values they hold dear. they are not learning anything, and we f It especially makes no sense to lay are wasting billions of dollars. The par- off Federal employees—with children ents have no recourse but to yank their MESSAGE FROM THE SENATE to feed and bills to pay—so that the kids out of school to articulate their A message from the Senate by Mr. Government can continue to spend the demand for English in the classroom. Lundregan, one of its clerks, an- taxpayer money on art which insults I think it is a disgrace. The students nounced that the Senate had passed a the religious values of the people who of the Ninth Street School are lucky to concurrent resolution of the following are being forced to pay for this so- have parents that will fight the system title, in which the concurrence of the called art. for their education. Let us teach Eng- House is requested: We must stop this misuse of the tax- lish in our schools again. S. Con. Res. 45. Concurrent resolution au- payers’ money. f thorizing the use of the Capitol Rotunda on f May 2, 1996, for the presentation of the Con- SUPPORT EDUCATIONAL gressional Gold Medal to Reverend and Mrs. EDUCATION BUDGET CUTS OPPORTUNITY Billy Graham. (Ms. VELA´ ZQUEZ asked and was (Mr. DOGGETT asked and was given The message also announced that the given permission to address the House permission to address the House for 1 Senate agrees to the amendment of the for 1 minute.) minute.) H2128 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Mr. DOGGETT. Mr. Speaker, the real GIVE THE MIDDLE CLASS A RAISE ondary, and postsecondary levels by language problem in this country is AND A DECENT EDUCATION the Republican majority. not the one we just heard about, but it (Ms. MCKINNEY asked and was given If the Republican majority’s continu- is the fact that our Republican col- permission to address the House for 1 ing resolution is extended at its cur- leagues cannot understand in any lan- minute.) rent level, it would mean a $3.3 billion guage the call of the American people Ms. MCKINNEY. Mr. Speaker, in cut in education programs from the fis- to deal with the real problems that af- their infinite wisdom, House Repub- cal year 1995 level, and this would be a fect their lives. Instead, we have a lican leaders are once again pushing devastating blow to many of the edu- House Republican majority that has the Government of the United States cational services our children depend produced one failure after another in to the brink of another Government on. For my State of New Jersey, this the last 14 months. shutdown. would mean a cut of $23.5 million to As if that were not enough, they are The reason this time is their insist- title I, $2.6 million to Safe and Drug- proposing to chalk up yet again an- ence on cuts to education and the envi- Free Schools, $2.2 million to goals 2000, other failure this weekend as they head ronment. These cuts are so egregious, $3.7 million to vocational education, home in the face of a third Government however, that even the Republican $3.7 million to the professional develop- shutdown. It is as if no matter what Senate voted 84 to 16 in favor of a ment grant programs, $36 million in language you speak, they cannot hear Democratic amendment restoring edu- New Jersey alone cut in our children’s the voice of the American people, be- cation and job training funds. educational future. cause instead of solving these prob- Mr. Speaker, in this changing econ- The majority’s war on education is lems, they continue to bicker among omy, the last thing we should be doing coming at a time when New Jersey’s themselves. is cutting funds for programs that will unemployment rate is above the na- The House Republicans cannot agree help our children compete against tional average of 7.3 percent. It comes with the Senate Republicans concern- highly educated workers in Germany at a time when we ought to be preparing how many American young people and Japan. ing our children for a more globally in- they should deny an educational oppor- This Congress, Mr. Speaker, should tegrated, more technologically ad- tunity to. The Senate yesterday re- be concentrating on how to give the vanced and more competitive work- jected the extreme House Republican American middle class a raise and a de- place. Shortchanging our students today cuts in education. They have got a cent education, not a Republican-spon- means shortchanging the National to- great battle going on between the far sored wedgy. morrow. We should not be shutting right, the extremists who want to cut f down the Government, and we should out any Federal commitment to edu- not be shutting down our children’s cation, and the not-so-right that say, WHEN WILL WASHINGTON LEARN? educational future. ‘‘Well, let’s just cut a few children.’’ (Mr. BALLENGER asked and was f The American people, whatever the given permission to address the House language is, want to support edu- for 1 minute.) HOW DO WE JUSTIFY THE cational commitment and opportunity Mr. BALLENGER. Mr. Speaker, DEPARTMENT OF EDUCATION? for our young people, and we ought to President Clinton, in his recent State (Mr. MICA asked and was given per- get about that job. of the Union Address proposed another mission to address the House for 1 Federal education program to provide minute and to revise and extend his re- f merit based scholarships to the top 5 marks.) percent of high school graduates. This Mr. MICA. Mr. Speaker, when you STOP THE CENSUS BUREAU BE- despite the fact that there are already think you have heard it all from this FORE IT DESTROYS FAMILY 47 scholarship and fellowship programs administration, they never cease to FARMS operated by the Federal Government. amaze me. In today’s Washington In fact, President Bush’s Presidential Times, the U.S. Education Secretary (Mr. FUNDERBURK asked and was Access Scholarship Program—a merit Richard Riley responded to an editorial given permission to address the House based program—is still on the books. that questioned the role of the Depart- for 1 minute.) This highlights an important point. ment of Education. Mr. FUNDERBURK. Mr. Speaker, the The Education Committee has discov- To justify the Federal Department of Bureau of the Census, in its infinite ered over 760 Federal education pro- Education, let me read what Secretary wisdom, has recently proposed to grams spanning 39 separate agencies, Riley said: ‘‘Most recently, the Presi- change the definition of a farm. This is departments, and commissions. Many dent asked me to distribute the manual a bad idea for America. America’s most of these programs were designed to on school uniforms,’’ and I have got a basic industry is agriculture and the meet the exact same goals—yet each copy of it here, the manual on school family farm. In North Carolina, under has its own application process and uniforms. the current definition of a farm, we regulations. I have not read this invaluable tool have over 50,000 farms, but under one of So why does President Clinton pro- that helps justify the existence of the the new proposed definitions, we would pose one more education program—pro- U.S. Department of Education. Maybe magically be reduced to only 25,000 gram 761? Is it to improve the edu- Secretary Riley suggests color coordi- farms. Mr. Speaker, changing the farm cation of our children or merely to nation on uniforms. Maybe Secretary definition will affect the allocation of make us feel like we are educating our Riley suggests now mixing plaids and Federal funding since it also changes children by spending money and creat- stripes. Or maybe, in fact, this manual the distribution of the farm population ing programs? This is a critical ques- justifies the employment of 4,876 De- among States. The Cooperative Exten- tion we must answer—the education of partment of Education employees, of sion and many other agriculture agen- our children is at stake. whom 3,322 are in Washington, DC, cies use farm population to allocate f working on this manual on school uni- funds. Small farms in my State rep- forms. REPUBLICANS DECLARE WAR ON resent a significant share of total pro- f duction of commodities such as to- EDUCATION FUNDING bacco. Over 65 percent of minority (Mr. MENENDEZ asked and was REPUBLICANS HURT LOCAL farms would no longer be defined as given permission to address the House EDUCATION farms. Mr. Speaker, now is the time for for 1 minute and to revise and extend (Mr. HILLIARD asked and was given Congress to take action to stop this his remarks.) permission to address the House for 1 proposal before it economically de- Mr. MENENDEZ. Mr. Speaker, I minute and to revise and extend his re- stroys the small family farms in the would like to draw attention to the marks.) Second District of North Carolina and war that has been declared on edu- Mr. HILLIARD. Mr. Speaker, the Re- throughout the Southeast. cation funding at the elementary, sec- publicans have our citizens facing the March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2129 largest education tax cuts in history. are being cut along with summer shall be dispensed with. General debate shall The Republican right wing extremists school. be confined to the bill and shall not exceed in Congress seem to enjoy the prospect So I ask my colleagues, what will we one hour equally divided and controlled by the chairman and ranking minority member of bringing public education in this do to make a difference? How can we of the Committee on the Judiciary. After country to its knees. improve the lives of our children? general debate the bill shall be considered The Republicans have slashed funds I suggest that we work to pass legis- for amendment under the five-minute rule for reading and math programs, they lation which promotes and sustains a and shall be considered as read. No amend- have slashed funds for safe and drug- healthy nation. That means passing ment shall be in order except those printed free schools, for vocational education legislation which funds Head Start, in the report of the Committee on Rules ac- and adult education programs. There public education, and student loans companying this resolution and amendments en bloc described in section 2 of this resolu- seems to be no end to this madness. programs. tion. Each amendment printed in the report Mr. Speaker, public education is the We must all work together to insure may be considered only in the order printed, foundation of our democracy. Public that the Government decisionmaking may be offered only by a Member designated education must be maintained to pre- processes are deliberative and open. We in the report, shall be considered as read, serve and protect our democracy. The must also insure that Government in- shall be debatable for the time specified in Republican madness must not be toler- stitutions are accountable and respon- the report equally divided and controlled by the proponent and an opponent, shall not be ated, but, Mr. Speaker, it must be sive to the public. subject to amendment except as specified in stopped. I urge my colleagues, let’s do the the report, and shall not be subject to a de- f work of the people. We are elected to mand for division of the question in the serve. House or in the Committee of the Whole. All GENERATIONAL ACCOUNTING f points of order against amendments printed ASKS: WHO IS GOING TO PAY in the report are waived. The chairman of THE BILL? REMOVAL OF NAME OF MEMBER the Committee of the Whole may postpone (Mr. LARGENT asked and was given AS COSPONSOR OF H.R. 1591 until a time during further consideration in the Committee of the Whole a request for a permission to address the House for 1 Mr. FROST. Mr. Speaker, I ask unan- recorded vote on any amendment. The chair- minute and to revise and extend his re- imous consent to withdraw my name as man of the Committee of the Whole may remarks.) a cosponsor of H.R. 1591. duce to not less than five minutes the time Mr. LARGENT. Mr. Speaker, I came The SPEAKER pro tempore. Is there for voting by electronic device on any post- to the House with one speech in hand poned question that immediately follows an- objection to the request of the gen- other vote by electronic device without in- to give but I feel compelled to give an- tleman from Texas? other. tervening business, provided that the time There was no objection. for voting by electronic device on the first in I just came from a committee meet- f any series of questions shall be not less than ing of the House Budget Committee fifteen minutes. At the conclusion of consid- where we talked about generational ac- b 1130 eration of the bill for amendment the Com- counting. I just want to say that we mittee shall rise and report the bill to the have heard many passionate pleas from PERMISSION FOR SUNDRY COM- House with such amendments as may have the other side of the aisle about how MITTEES AND THEIR SUB- been adopted. The previous question shall be we cannot reduce spending, we cannot COMMITTEES TO SIT TODAY considered as ordered on the bill and amend- DURING THE 5-MINUTE RULE ments thereto to final passage without inter- cut funds in education, in the environ- vening motion except one motion to recom- ment, so on and so forth. Ms. PRYCE. Mr. Speaker, I ask unan- mit with or without instructions. The bottom line is, who is going to imous consent that the following com- SEC. 2. It shall be in order at any time for pay that bill? It is going to be many of mittees and their subcommittees be the chairman of the Committee on the Judi- the young people sitting in the House permitted to sit today while the House ciary or a designee to offer amendments en Chamber at this very moment that are is meeting in the Committee on the bloc consisting of amendments printed in the going to have to pay that bill. report of the Committee on Rules accom- Whole House under the 5-minute rule: panying this resolution that were not earlier Generational accounting does this. It Committee on Banking and Financial disposed of or germane modifications of any says if we continue the current policies Services; Committee on Commerce; such amendments. Amendments en bloc of- that we have in place today, what will Committee on Government Reform and fered pursuant to this section shall be con- the tax rate be on the future genera- Oversight; Committee on International sidered as read (except the modifications tions, my children and my grand- Relations; Committee on National Se- shall be reported), shall be debatable for children? Those experts that testified curity; Committee on Resources; and twenty minutes equally divided and con- before that committee said this: that trolled by the chairman and ranking minor- Committee on Transportation and In- ity member of the Committee on the Judici- children that are born today will face frastructure. ary or their designees, shall not be subject to an effective tax rate of 84 percent over It is my understanding that the mi- amendment, and shall not be subject to a de- their lifetime if we continue current nority has been consulted and that mand for division of the question in the policies. there is no objection to these requests. House or in the Committee of the Whole. For Yes, we have tough decisions that we The SPEAKER pro tempore (Mr. EV- the purpose of inclusion in such amendments en bloc, an amendment printed in the form have to make, but it truly is about the ERETT). Is there objection to the re- future of our country and the future of of a motion to strike may be modified to the quest of the gentlewoman from Ohio? form of a germane perfecting amendment to our children. Just imagine yourself There was no objection. the text originally proposed to be stricken. keeping 16 cents of every dollar you f All points of order against such amendment earn in the future if we do not make en bloc are waived. The original proponent of these tough decisions. COMPREHENSIVE ANTITERRORISM an amendment included in such amendments f ACT OF 1995 en bloc may insert a statement in the CON- GRESSIONAL RECORD immediately before the HOW CAN WE IMPROVE THE LIVES Ms. PRYCE. Mr. Speaker, by direc- disposition of the amendments en bloc. OF OUR CHILDREN? tion of the Committee on Rules, I call SEC. 3. After passage of H.R. 2703, it shall up House Resolution 380 and ask for its be in order to take from the Speaker’s table (Mr. FRAZER asked and was given immediate consideration. the bill (S. 735) to prevent and punish acts of permission to address the House for 1 The Clerk read the resolution, as fol- terrorism, and for other purposes, and to minute and to revise and extend his re- lows: consider the Senate bill in the House. It marks.) shall be in order to move to strike all after Mr. FRAZER. Mr. Speaker, we are H. RES. 380 the enacting clause of the Senate bill and to about to lose two generations of young Resolved, That at any time after the adop- insert in lieu thereof the provisions of H.R. people due to our failure to act. Cor- tion of this resolution the Speaker may, pur- 2703 as passed by the House. If the motion is suant to clause 1(b) of rule XXIII, declare the adopted and the Senate bill, as amended, is porations are downsizing and factories House resolved into the Committee of the passed, then it shall be in order to more that are closing. Parents are working two Whole House on the State of the Union for the House insist on its amendments to S. 735 jobs, spending less time doing home- consideration of the bill (H.R. 2703) to com- and request a conference with the Senate work with their children. Summer jobs bat terrorism. The first reading of the bill thereon. H2130 CONGRESSIONAL RECORD — HOUSE March 13, 1996 The SPEAKER pro tempore. The gen- the Whole to postpone and shorten tal constitutional rights. I commend tlewoman from Ohio [Ms. PRYCE] is votes during consideration of this bill. Chairman HYDE and Representative recognized for 1 hour. While the rule provides for the con- BARR for working together in recent Ms. PRYCE. Mr. Speaker, for pur- sideration of an amendment in the na- weeks to address a number of concerns poses of debate only, I yield the cus- ture of a substitute, the rule also in- about the constitutional boundaries to tomary 30 minutes to the gentleman cludes the customary motion to recom- giving law enforcement the enhanced from Texas [Mr. FROST], pending which mit, with or without instructions. Fi- capability to deter and punish terrorist I yield myself such time as I may nally, if the House passes this legisla- acts. consume. During consideration of this tion, the rule provides for the nec- H.R. 2703 contains a variety of tools resolution, all time yielded is for the essary steps to consider the Senate designed to strengthen law enforce- purpose of debate only. bill. S. 735, and to request a conference. ment’s hand against terrorists, includ- GENERAL LEAVE Mr. Speaker, as many of our col- ing, but not limited to: Expanded in- Ms. PRYCE. Mr. Speaker, I ask unan- leagues know, April 19 marks the 1- vestigative methods for combatting imous consent that all Members may year anniversary of the devastating terrorism; special procedures for re- have 5 legislative days within which to terrorist attack that claimed 168 inno- moving aliens suspected of terrorist ac- revise and extend their remarks and cent lives in Oklahoma City. Combined tivity; and important reforms to curb that I be permitted to insert extra- with the nearly 500 people who were in- the abuse of habeas corpus by con- neous material on House Resolution jured in that blast, the wanton attack victed criminals. 380, the resolution now under consider- on the Alfred P. Murrah Federal Build- In addition, H.R. 2703 contains a pro- ation. ing ranks as the worst terrorist inci- vision that supports the growing na- THe SPEAKER pro tempore. Is there dent ever to take place on U.S. soil. tional concern for innocent victims of objection to the request of the gentle- Unfortunately, it was not the first all forms of crime. Specifically, it in- woman from Ohio? such terrorist act to take place here in cludes the language of H.R. 665, the There was no objection. the United States. The bombing of the Victim Restitution Act, which the Ms. PRYCE. Mr. Speaker, House Res- World Trade Center in New York City House passed last February as part of olution 380 allows for the orderly, but in February 1993 catapulted the threat the Contract With America’s anti- fair, consideration of H.R. 2703, the Ef- of domestic terrorism to the forefront crime package. fective Death Penalty and Public Safe- of American consciousness, as our citi- Mr. Speaker, throughout my years as ty Act of 1996. The rule provides for 1 zens slowly began to realize that ter- a judge and prosecutor. I worked close- hour of general debate equally divided rorism is not confined to foreign coun- ly with victims of crime whose courage between the chairman and ranking mi- tries. and strength in the face of adversity nority member of the Committee on Up until that time, most Americans and personal loss was both moving and the Judiciary, followed by the consid- saw terrorism in an international uplifting. Like the families of those eration of 17 amendments which are light, brought to life by such events as who lost their lives in Oklahoma City specified in the report accompanying the bombing of the U.S. Embassy in and elsewhere at the hands of terror- this rule. Lebanon, the murder of American tourists, these individuals did not ask to be While we could not make in order ist on the Achille Lauro, the downing of victims. But after experiencing crime every amendment submitted to the Pan Am flight 103 over Lockerbie, firsthand they bravely began the proc- Rules Committee, the committee has Scotland, and more recently, the string ess of recovering from their unwanted tried to be as fair as possible in of terrible bombings that has disrupted and undeserved trauma. crafting this resolution. Amendments the flow of daily life in Israel. After years of elevating the rights of are made in order which encompass These latest attacks on the Israeli criminals, society has begun to recog- major areas of controversy surrounding people make it clear that terrorism re- nize that crime victims have equally this legislation, including those related mains a serious threat worldwide. But, important rights. Increasingly, their to material support for terrorist acts, in the wake of the bombings which voices are being given a more meaning- international counterfeiting, immigra- shook New York and Oklahoma City, ful role in developing public policy, tion, and death penalty reform, to we are faced with the sobering prospect helping them turn their personal an- name just a few. I would also note that that terrorists are at work right here guish into positive action, but addi- several amendments included in this in the United States. tional reforms are needed to bring rule have bipartisan sponsorship. So I In the months which have followed some balance, to a process that often would just emphasize that the more these tragic events, this Congress, and seems especially to them, one-sided. significant areas of concern to mem- this House in particular, have faced the Crime victims clearly should not have bers will have an opportunity to be challenge of defining the appropriate to suffer twice—first at the hands of fully debated. Federal response to the threat of do- the criminals, and then by an inad- Mr. Speaker, the rule waives all mestic terrorism. As one member put equate justice system. points of order to allow consideration it yesterday in the Rules Committee, One of those reforms, which is in- of the amendments listed in the Rules in the fight against terrorism, govern- cluded in section 806 of the bill, is the Committee report. The amendments ment must balance the need for public right to adequate restitution from the will be considered in the order printed safety and security with individual perpetrator for losses incurred as a rein the report, and will not be subject to rights and liberties. Ideally, what sult of the crime itself. While restitu- further amendment. Debate time for keeps us safe from violent crimes, such tion can never erase a victim’s suffer- each amendment is also prescribed in as terrorism, should not negate those ing, it can provide victims and their the report, with input from the spon- constitutional restraints which also families with a small measure of satis- sors, so that the House can work its keep us free. faction that our criminal justice sys- will in a timely manner. It is vitally important that our citi- tem cares about their needs, too. In order to expedite consideration of zens have complete confidence in law Mr. Speaker, this debate is not about amendments where there is bipartisan enforcement’s ability to do its job who, or which political party, is more agreement, the rule also allows the without trampling on any constitu- committed to fighting terrorism. I chairman of the Committee on the Ju- tional restraints. To help address these think we would all agree that keeping diciary to offer amendments en bloc. concerns, the rule makers in order the America safe and secure is not a par- The rule permits the original pro- Bartlett amendment, to evaluate the tisan issue—it is one of the most fun- ponent of an amendment included in current state of Federal law enforce- damental responsibilities of govern- the en bloc format to insert a statement and its impact on public con- ment. Sadly, domestic terrorism has ment in the CONGRESSIONAL RECORD fidence. emerged as a new threat to the safety immediately prior to the disposition of In my view, this bill represents a se- and security of our cities and commu- the en bloc amendments. Members rious, bipartisan attempt to protect nities. In response to that threat, we should also take note that the rule al- American citizens against terrorism, need a tough, no-nonsense policy that lows the chairman of the Committee of while also protecting their fundamen- gives law enforcement reasonable and March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2131 legitimate tools to prevent and punish have a responsibility—a duty, really— For this reason, I urge my colleagues terrorist acts, and a policy that puts to make sure that what we do will pro- to reject yet another closed rule. our sympathy with the victims of tect both our safety and our civil lib- Mr. FROST. Mr. Speaker, I yield 2 crime, not with the criminals. erties. minutes to the gentlewoman from Mr. Speaker, in closing I would say Mr. Speaker, I reserve the balance of Texas [Ms. JACKSON-LEE]. to my colleagues that this rule pro- my time. (Ms. JACKSON-LEE of Texas asked vides a fair way to consider a very b 1145 and was given permission to revise and complex piece of legislation. It will extend her remarks.) Mr. FROST. Mr. Speaker, I yield 3 provide the House ample opportunity Ms. JACKSON-LEE of Texas. Mr. minutes to the gentlewoman from New to debate a number of important issues Speaker, let me thank the member of York [Ms. SLAUGHTER]. the Committee on Rules for his good related to the basic question of what Ms. SLAUGHTER. Mr. Speaker, I work on the Committee on Rules. But constitutes the appropriate Federal re- know that we all agree on the urgent I rise this morning in opposition to a sponse to combatting terrorism. The need to combat foreign and domestic closed rule that blocks some 74 percent Rules Committee voted unanimously terrorism. I wish the Committee on of the amendments that were offered to last night to approve this rule, and I Rules had adopted an open rule, which the Anti-terrorism Act of 1996. urge its adoption by the House today. is the only way that we can fully de- Let me indicate my commitment to Mr. Speaker, I reserve the balance of bate such an important and controver- obliterating terrorism in this Nation. I, my time. sial issue. Several of our colleagues Mr. FROST. Mr. Speaker, I yield my- too, experienced the trauma of the Pan were denied the opportunity to offer Am 103 where 270 people lost their self such time as I may consume. important amendments, including one Mr. Speaker, we have been waiting a which would ban armor-piercing bul- lives. A young woman by the name of very long time for this bill. It has now lets, something we badly need. Myra Royal in my community, a bright been almost 1 year since that tragic I was denied a chance to offer an and energetic young person with an day last April when the United States amendment which would have closed enormous future, lost here life in that was forever changed by the madmen loopholes in the current explosives law tragedy. But whenever we begin to who blew up the Murrah Federal Build- and mandate a background check for tamper with the Constitution, I think ing in Oklahoma City. We continue to individuals purchasing explosives. Al- it is also important that we view it as witness senseless slaughter of innocent though the FBI has documented that a traumatic event. The Constitutional men, women, and children around the criminal bombings have doubled in the Convention might be historically con- world because terrorists and extremists past 6 years, this unprecedented in- sidered a serious undertaking to pro- choose not to use legitimate political crease will continue to go unchecked vide a document to provide for the lib- channels to register their dissent. and the legal loopholes in current law erty of Americans. Oklahoma City taught us we are not will persist because I was not allowed I was denied the opportunity in pre- immune from internal threats to our to bring the amendment to the floor. senting two amendments that I think safety and security. The December 1993 Despite the restrictive rule, I want to would have brought about both vigor- World Trade Center bombing made it commend the chairman and members ous debate, but were warranted in this very clear that external threats are a of the Committee on the Judiciary for legislation: The first one was a clear and present danger to us all. including measures to protect innocent sunseting provision on subtitle F, that It was clear, however, that the origi- people from bombs made of plastic ex- had to do with the designating of ternal legislative response to these plosives. As my colleagues may know, rorist groups. We recognize that it is threats had substantial opposition a plastic explosive was used in a dev- important for our State Department from both conservative and liberal astating terrorist bombing of Pan Am and President to list those groups that Members of the House. And, while the flight 103 in 1988 which killed all 270 might engage in terrorist activities. At Judiciary Committee chairman, Mr. passengers on board, including 2 young the same time, we believe in civil lib- HYDE, has fashioned a substitute which women from my district. erties and the right to due process. addresses the concerns of a number of After that disaster, the United States This particular title would in fact conservative Members, there are still worked closely with other nations to eliminate the opportunity for anyone other civil liberties concerns that have negotiate the Montreal Convention on who might have previously been in- been raised by both liberals and con- Plastic Explosives. One of the most im- volved in a group that had some terror- servatives. While the Committee on portant provisions within this bill re- ist association to justify their position Rules has reported a rule which will quires that plastic explosives include a in this country and to defend them- allow many of these issues to be special chemical that would make the selves if they were not involved in any brought to the floor for the consider- material detectable at security check- terrorist activities or in fact they were ation of all Members, the committee points. If such a system had been in really advocates for peace in such majority did not provide for some place in 1988, the explosives would group. Sunset provisions allow this amendments which might have signifi- never have reached the plane. Congress to come back after a 6-year cantly improved this vitally important Although the Senate ratified the con- period and fully review this legislation legislative proposal. vention, Congress has yet to pass the to determine, has it been effective or Mr. Speaker, I am not going to op- implementing legislation that will for- has it not been effective? pose this rule. But, I do believe that mally bring our laws into compliance. Likewise, I offered an amendment, a the Rules Committee Republicans, in The bill I introduced earlier this year, sunset amendment for the entire legis- their effort to craft what they call a the Bombing Prevention Act, would lation. Why? Not because I do not be- delicate balance, have missed an oppor- make these necessary changes, and I lieve in eliminating terrorism from tunity to truly open the debate on am pleased to see that the Committee these shores but because I believe in these issues. The Committee on Rules on the Judiciary included the bill’s lan- the civil liberties of this Nation and majority has, in spite of its assurances guage to implement the Montreal Con- the Constitution. This would have al- at the beginning of this Congress, seen vention in the bill before us. lowed us, Mr. Speaker, to have a full fit to limit debate in the House. Mr. Speaker, the antiterrorism bill hearing to address the pros and cons of This is one legislative proposal that does have some positive provisions, but this legislation and determine whether deserves full and truly open debate. We we can do better than the rule and the it should continue or not in 6 years. are about to undertake consideration bill before us. I cannot understand why This is a bad rule. It eliminates the of legislation that seeks to afford us the Committee on Rules will not allow opportunity for debate. I ask the some measure of protection from the House to consider measures which Speaker and the House to reject it. nameless and faceless terrorists, but in would have traced explosives pur- Ms. PRYCE. Mr. Speaker, I yield 4 so doing, the bill necessarily grants chases. It would have mandated better minutes to my friend, the gentlewoman new powers to law enforcement au- recordkeeping by the sellers of explo- from Florida [Ms. ROS-LEHTINEN]. thorities. These are matters which af- sives and would better have protected Ms. ROS-LEHTINEN. Mr. Speaker, fect each and every one of us and we all of our constituents. when Pan Am Flight 103 was destroyed H2132 CONGRESSIONAL RECORD — HOUSE March 13, 1996 by a terrorist bomb, 270 lives, including sounding message sent to countries sponsor- tinue to buy the tools of death and destruc- 189 Americans, were cruelly snuffed ing terrorism is that it is safe to target and tion. out. These numbers included men, kill Americans because there is no accountability. The physical evidence recovered from women, infants, students, tourists, and There are over 30 million Americans that the wreckage demonstrated the truth business people, and, most impor- travel abroad each year who are not aware of of that observation. The explosive was tantly, wives, husbands, and children. how easily their lives can become unraveled identified: it turned out to be an exotic That tally included 35 Syracuse Uni- by terrorism. These terrorist acts are tragic plastic explosive, an explosive formu- versity students going home to cele- and devastating enough for victims’ families lated to evade detection by conven- brate the holidays with their families to live with. To provide no avenues for help tional airport security. The electronics and, it also included John Cummock, a or justice to our families or the hostage survivors, like Joseph Ciccipio and David were similarly specialized and while vice president of Barcardi Food Co. and Jacobson, leaves thousands of Americans helping to solve the crime, did not a constituent of my congressional dis- with both the physical and mental scars, bring justice. trict, who left behind a wife and three thus allowing terrorists to win over our When this forensic evidence identi- young children. While these individuals lives, (the survivors families), as well. fied the regime of Libyan dictator are beyond our power to help, we have In contrast, for commercial reasons, U.S. corporations have the right to their day in Mu´ ammar Qadhafi as responsible for today the opportunity to help the sur- this crime, diplomatic pressure has viving families to secure a measure of civil court, to seek accountability and restitution for their damages under these same been applied in an effort to force the justice. circumstances. In other words, our nation’s extradition of these murders. Qadhafi I would like to share with my col- present law allows restitution for a terrorist has refused to surrender them for trail leagues today a letter I just received bombing of an airplane full of children—but in either the United Kingdom or the from Victoria Diaz Cummock, the not people. This is an outrage. United States. widow of John Benning Cummock, and Today our legislators can set the record president of Families of Pan Am 103 at straight and send a message of hope and sup- To avoid civil action, the regime has Lockerbie. I would like to share Ms. port to all the orphans, widows and Amer- hidden behind the Foreign Sovereign ican families victimized by terrorism. H.R. Immunities Act of 1976. This is the Cummock’s letter with all of my col- 2703, containing ‘‘the right to sue’’ provision leagues this morning. classic situation of a criminal regime allowing us to help ourselves. Please, as our invoking the protection of the law Ms. Cummock says: legislators, don’t continue to turn your while acting in contempt of it. This bill DEAR CONGRESSWOMAN ROS-LEHTINEN: On backs on the families of Americans who have December 21, 1988 terrorists killed my hus- paid the ultimate price and sacrificed so contains a provision that will, under band, John (age 38), along with 269 people much for this great nation. Let me be able to the narrow circumstances of terror and aboard Pan Am 103. The bombing of Pan Am tell my children, who daily pledge allegiance genocide, allow victims to reach be- 103 was the single largest act of terrorism to the American flag, that America stands yond the Foreign Sovereign Immuni- against Americans in this country’s history. with us in our pursuit of justice and account- ties Act to seek redress for these More Americans died aboard Pan Am 103 ability. Our hopes and prayers are with Con- crimes from the governments that gress today. than in Desert Storm or in the Oklahoma sponsor these atrocities. City bombing. I was left widowed with three Sincerely, small children, Ashley 3, Matthew 4, and VICTORIA DIAZ CUMMOCK, I urge my colleagues to remember Christopher 6. For over seven years we have Widow of John Binning Cummock, the victims of Pan Am Flight 103 and waited for our country’s help and support. As President, Families of Pan Am 103/Lockerbie. the need to seek justice for their fami- with all American families victimized by ter- Mr. Speaker, the past several decades lies. rorism . . . we continue to wait . . . still have taught us a great deal about Mr. FROST. Mr. Speaker, I yield my- without our country’s help. international terrorism. We know that, self such time as I may consume. Today, Congress has the opportunity to to function in the international arena, help us, so we can help ourselves. The anti- Mr. Speaker, this is the 60th restric- terrorism legislation H.R. 2703, contains a these criminals require state sponsor- tive rule reported out of the Rules limited provision to waive sovereign immu- ship. As our colleague, Representative Committee this Congress. In fact, 89 nity in cases of state-sponsored terrorism. TOM LANTOS, has stated: percent of the rules this session have This gives all Americans the right to pursue Terrorists do not operate in a vacuum, but been restrictive. justice and have their day in civil court rather rely on certain nations where they against these countries. Congress can not know they will find safe haven after carrying Mr. Speaker, for the RECORD I in- continue to allow countries that kidnap, tor- out their murderous acts. They must have at clude a compilation of floor procedure ture, and murder Americans the right to least tacit governmental approval of planned in the 104th Congress as compiled by hide behind sovereign immunity. The re- operations and millions with which to con- the Committee on Rules Democrats. FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 101 ...... To transfer a parcel of land to the Taos Pueblo Indians of New Mex- H. Res. 51 Open ...... N/A. ico. H.R. 400 ...... To provide for the exchange of lands within Gates of the Arctic Na- H. Res. 52 Open ...... N/A. tional Park and Preserve. H.R. 440 ...... To provide for the conveyance of lands to certain individuals in H. Res. 53 Open ...... N/A. Butte County, California. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2133 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the committee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster substitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the committee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-executes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amendment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min. each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority. H.R. 1977 ...... Interior Appropriations ...... H. Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority. *RULE AMENDED*. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title.. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min.); waives all points of order against the Klug and Davis amendments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H2134 CONGRESSIONAL RECORD — HOUSE March 13, 1996 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min.) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min.), N/A. if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A. the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the substitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A. text; Pre-printing gets priority. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A. bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A. grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the substitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A. 2349 in order as original text; waives section 302(f) of the Budget Act against the substitute; provides for the consideration of a managers amendment (10 min.) If adopted, it is considered as base text; Pre-printing gets priority. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amendments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A. committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed; Provides for the immediate consideration of the CR; one motion to recommit which ...... may have instructions only if offered by the Minority Leader or a designee. H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A. request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers substitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D H. Con. Res. 109 ...... Reform. bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A Walsh amendment as the first order of business (10 min.); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min.); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed; Provides for the immediate consideration of the CR; one motion to recommit which N/A may have instructions only if offered by the Minority Leader or a designee. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive; Provides for the immediate consideration of the CR; one motion to recommit 5R which may have instructions only if offered by the Minority Leader or a designee; self- executes 4 amendments in the rule; Solomon, Medicare Coverage of Certain Anti-Cancer Drug Treatments, Habeas Corpus Reform, Chrysler (MI); makes in order the Walker amend (40 min.) on regulatory reform. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open; waives section 302(f) and section 308(a) ...... H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1hr). H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1hr). H. Res. 250 ...... House Gift Rule Reform ...... H. Res. 268 Closed; provides for consideration of the bill in the House; 30 min. of debate; makes in 2R order the Burton amendment and the Gingrich en bloc amendment (30 min. each); waives all points of order against the amendments; Gingrich is only in order if Burton fails or is not offered. H.R. 2564 ...... Lobbying Disclosure Act of 1995 ...... H. Res. 269 Open; waives cl. 2(l)(6) of rule XI against the bill’s consideration; waives all points of order N/A. against the Istook and McIntosh amendments. H.R. 2606 ...... Prohibition on Funds for Bosnia Deployment ...... H. Res. 273 Restrictive; waives all points of order against the bill’s consideration; provides one motion N/A. to amend if offered by the Minority Leader or designee (1 hr non-amendable); motion to recommit which may have instructions only if offered by Minority Leader or his designee; if Minority Leader motion is not offered debate time will be extended by 1 hr. H.R. 1788 ...... Amtrak Reform and Privatization Act of 1995 ...... H. Res. 289 Open; waives all points of order against the bill’s consideration; makes in order the Trans- N/A. portation substitute modified by the amend in the report; Bill read by title; waives all points of order against the substitute; makes in order a managers amend as the first order of business, if adopted it is considered base text (10 min.); waives all points of order against the amendment; Pre-printing gets priority. H.R. 1350 ...... Maritime Security Act of 1995 ...... H. Res. 287 Open; makes in order the committee substitute as original text; makes in order a managers N/A. amendment which if adopted is considered as original text (20 min.) unamendable; pre- printing gets priority. H.R. 2621 ...... To Protect Federal Trust Funds ...... H. Res. 293 Closed; provides for the adoption of the Ways & Means amendment printed in the report. 1 N/A. hr. of general debate. H.R. 1745 ...... Utah Public Lands Management Act of 1995 ...... H. Res. 303 Open; waives cl 2(l)(6) of rule XI and sections 302(f) and 311(a) of the Budget Act against N/A. the bill’s consideration. Makes in order the Resources substitute as base text and waives cl 7 of rule XVI and sections 302(f) and 308(a) of the Budget Act; makes in order a managers’ amend as the first order of business, if adopted it is considered base text (10 min). H. Res. 304 ...... Providing for Debate and Consideration of Three Measures Relating N/A Closed; makes in order three resolutions; H.R. 2770 (Dorman), H. Res. 302 (Buyer), and H. 1D; 2R to U.S. Troop Deployments in Bosnia. Res. 306 (Gephardt); 1 hour of debate on each.. H. Res. 309 ...... Revised Budget Resolution ...... H. Res. 309 Closed; provides 2 hours of general debate in the House ...... N/A. H.R. 558 ...... Texas Low-Level Radioactive Waste Disposal Compact Consent Act ... H. Res. 313 Open; pre-printing gets priority ...... N/A. H.R. 2677 ...... The National Parks and National Wildlife Refuge Systems Freedom H. Res. 323 Closed; consideration in the House; self-executes Young amendment ...... N/A. Act of 1995. PROCEDURE IN THE 104TH CONGRESS 2D SESSION H.R. 1643 ...... To authorize the extension of nondiscriminatory treatment (MFN) to H. Res. 334 Closed; provides to take the bill from the Speaker’s table with the Senate amendment, and N/A. the products of Bulgaria. consider in the House the motion printed in the Rules Committee report; 1 hr. of general debate; previous question is considered as ordered.. H.J. Res. 134 ...... Making continuing appropriations/establishing procedures making H. Res. 336 Closed; provides to take from the Speaker’s table H.J. Res. 134 with the Senate amendment N/A. H. Con. Res. 131 ...... the transmission of the continuing resolution H.J. Res. 134. and concur with the Senate amendment with an amendment (H. Con. Res. 131) which is self-executed in the rule. The rule provides further that the bill shall not be sent back to the Senate until the Senate agrees to the provisions of H. Con. Res. 131.. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2135 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H. R. 1358 ...... Conveyance of National Marine Fisheries Service Laboratory at H. Res. 338 Closed; provides to take the bill from the Speakers table with the Senate amendment, and N/A. Gloucester, Massachusetts. consider in the House the motion printed in the Rules Committee report; 1 hr. of general debate; previous question is considered as ordered. H.R. 2924 ...... Social Security Guarantee Act ...... H. Res. 355 Closed ...... N/A. H.R. 2854 ...... The Agricultural Market Transition Program ...... H. Res. 366 Restrictive; waives all points of order against the bill; 2 hrs of general debate; makes in 5D; 9R; 2 order a committee substitute as original text and waives all points of order against the Bipartisan. substitute; makes in order only the 16 amends printed in the report and waives all points of order against the amendments; circumvents unfunded mandates law; Chairman has en bloc authority for amends in report (20 min.) on each en bloc. H.R. 994 ...... Regulatory Sunset & Review Act of 1995 ...... H. Res 368 Open rule; makes in order the Hyde substitute printed in the Record as original text; waives N/A cl 7 of rule XVI against the substitute; Pre-printing gets priority; vacates the House action on S. 219 and provides to take the bill from the Speakers table and consider the Senate bill; allows Chrmn. Clinger a motion to strike all after the enacting clause of the Senate bill and insert the text of H.R. 994 as passed by the House (1 hr) debate; waives germaneness against the motion; provides if the motion is adopted that it is in order for the House to insist on its amendments and request a conference. H.R. 3021 ...... To Guarantee the Continuing Full Investment of Social security and H. Res 371 Closed rule; gives one motion to recommit, which if it contains instructions, may only if of- N/A Other Federal Funds in Obligations of the United States. fered by the Minority Leader or his designee. H.R. 3019 ...... A Further Downpayment Toward a Balanced Budget ...... H. Res. 372 Restrictive; self-executes CBO language regarding contingency funds in section 2 of the 2D/2R rule; makes in order only the amendments printed in the report; Lowey (20 min), Istook (20 min), Crapo (20 min), Obey (1 hr); waives all points of order against the amendments; give one motion to recommit, which if contains instructions, may only if offered by the Minority Leader or his designee. H.R. 2703 ...... The Effective Death Penalty and Public Safety Act of 1996 ...... H. Res. 380 Restrictive; makes in order only the amendments printed in the report; waives all points of 6D; 7R; 4 orer against the amendments; gives Judiciary Chairman en bloc authority (20 min.) on Bipartisan enblocs; provides a Senate hook-up with S. 735. * Contract Bills, 67% restrictive; 33% open. ** All legislation 1st Session, 53% restrictive; 47% open. *** Legislation 2d Session. 89% restrictive; 11% open. **** All legislation 104th Congress 60% restrictive; 40% open. ***** Restrictive rules are those which limit the number of amendments which can be offered, and include so-called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103d Congress. N/A means not available.

Ms. PRYCE. Mr. Speaker, I yield my- will provide the House ample oppor- Mr. Speaker, I include for the self such time as I may consume. tunity to debate a number of very im- RECORD a report of the amendment Mr. Speaker, I would just assert that portant issues to the basic question of process under special rules reported by this is a very fair way to consider a what constitutes our appropriate Fed- the Committee on Rules, 103d Congress very complex piece of legislation. It eral response to combating terrorism. versus 104th Congress. THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of March 12, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 59 62 Modified Closed 3 ...... 49 47 23 24 Closed 4 ...... 9 9 13 14 Total ...... 104 100 95 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of March 12, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H2136 CONGRESSIONAL RECORD — HOUSE March 13, 1996 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of March 12, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 261 (11/9/95) ...... C ...... H.J. Res. 115 ...... Cont. Resolution ...... A: 223–182 (11/10/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 229–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands. H. Res. 309 (12/18/95) ...... C ...... H. Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 376 (3/7/96) ...... Debate ...... H.R. 2703 ...... Effective Death Penalty ...... H. Res. 380 (3/12/96) ...... MC ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. GOSS. Mr. Speaker, I urge my col- trap of responding to the risk of terrorism at which this body can build. I look forward to the leagues to support this very fair rule allowing home simply by passing new legislation that debate. us to consider a host of important issue relat- does not effectively attack the problem. As Mr. FROST. Mr. Speaker, I yield ing to crime, terrorism, punishment, the proper have many of my colleagues, I have been re- back the balance of my time. role of the Federal Government, and the rights minded by my constituents that Federal law Ms. PRYCE. Mr. Speaker, I yield of all Americans. The Rules Committee had a enforcement already has significant tools with back the balance of my time, and I tough assignment in wading through some 70 which to combat terrorismÐand all the new move the previous question on the res- amendments to this billÐand I believe we powers in this bill may not be necessary. olution. have done a fair job of selecting amendments Given this serious concern, I am pleased that The previous question was ordered. to ensure a broad and inclusive debate. this rule allows for ample time to debate the The SPEAKER pro tempore (Mr. EV- Mr. Speaker, in a nation that is accustomed merit of the antiterrorism provisions of this ERETT). The question is on the resolu- to extraordinary personal liberties, we have billÐand to consider alternative proposals. tion. had to consider the terrible reality of terrorism Mr. Speaker, that being said, I believe that The question was taken; and the hitting home. The World Trade Center bomb- this bill has many positive aspects, most nota- Speaker announced that the ayes ap- ing made us painfully aware of the risks asso- bly the important judicial reforms that were peared to have it. ciated with living in a free society in a dan- part of our Contract With America, passed by Ms. SLAUGHTER. Mr. Speaker, I ob- gerous and unsettled world. this house but have not yet become law. For ject to the vote on the ground that a We agree that all Americans deserve to be example, we are going to offer victims of quorum is not present and make the safe in their homes, at their schools, on their crime the opportunity to gain fair restitution. point of order that a quorum is not jobs, and in their neighborhoods. And we are Long-overdue reform will make the death pen- present. attempting with this bill to improve our ability alty a real punishment, ending in timely execu- The SPEAKER pro tempore. Evi- to meet that challenge. There is a delicate bal- tion instead of the never-ending court pro- dently a quorum is not present. ance, however, between the necessity of em- ceedings that keep justice from being carried The Sergeant at Arms will notify ab- powering Government entities to protect the out. And marking dangerous plastic explosives sent Members. peace and the necessity of preserving the will help the FBI solve crimes faster and more The vote was taken by electronic de- constitutional rights of free people in our soci- effectively. vice, and there were—yeas 251, nays ety. I have heard in recent days from many Mr. Speaker, I am pleased that we have the 157, not voting 23, as follows: southwest Floridians who are concerned that opportunity to debate these issuesÐsince they [Roll No. 60] this bill as now written upsets that balance, matter very directly to every family in this overextending the power of the Government at country. Public safety and the security of our YEAS—251 the expense of individuals' rights. They have neighborhoods is of prime concern to all of us Allard Armey Baesler Archer Bachus Baker (CA) urged us to be sure that we do not fall into the and this bill offers a solid foundation upon March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2137 Baker (LA) Gallegly Myers Flake Lincoln Sabo b 1217 Ballenger Ganske Myrick Foglietta Lipinski Salmon Barr Gekas Nethercutt Ford Lofgren Sanders IN THE COMMITTEE OF THE WHOLE Barrett (NE) Gilchrest Ney Frank (MA) Lowey Sawyer Accordingly the House resolved itself Bartlett Gillmor Norwood Furse Maloney Scarborough into the Committee of the Whole House Barton Gilman Nussle Gejdenson Markey Schroeder Bateman Goodlatte Oxley Gephardt Martinez Schumer on the State of the Union for the con- Bereuter Goodling Packard Geren Mascara Scott sideration of the bill (H.R. 2703) to Bevill Goss Parker Gibbons Matsui Serrano combat terrorism, with Mr. LINDER in Bilbray Graham Paxon Gonzalez McCarthy Skaggs Bilirakis Greenwood Payne (VA) Gordon McHale Skelton the chair. Bliley Gunderson Peterson (MN) Green McKinney Slaughter The Clerk read the title of the bill. Blute Gutknecht Petri Gutierrez McNulty Spratt The CHAIRMAN. Pursuant to the Boehlert Hall (TX) Pickett Hall (OH) Meehan Stark rule, the bill is considered as having Boehner Hamilton Pombo Harman Meek Stenholm been read the first time. Bonilla Hancock Pomeroy Hefley Menendez Studds Bono Hansen Portman Hilliard Miller (CA) Stupak Under the rule, the gentleman from Boucher Hastert Poshard Hinchey Minge Tanner Illinois [Mr. HYDE] and the gentleman Brownback Hastings (FL) Pryce Hoyer Mink Taylor (MS) from Michigan [Mr. CONYERS] each will Bryant (TN) Hastings (WA) Quillen Jackson (IL) Mollohan Tejeda Bunn Hayes Quinn Jackson-Lee Moran Thompson be recognized for 30 minutes. Bunning Hayworth Radanovich (TX) Neal Thornton The Chair recognizes the gentleman Burr Hefner Ramstad Jacobs Oberstar Thurman from Illinois [Mr. HYDE]. Burton Heineman Regula Jefferson Obey Tiahrt Mr. HYDE. Mr. Chairman, I yield my- Buyer Herger Richardson Johnson (SD) Olver Torres Callahan Hilleary Roberts Johnson, E. B. Orton Towns self 10 minutes. Calvert Hobson Rogers Kanjorski Owens Velazquez (Mr. HYDE asked and was given per- Camp Hoekstra Rohrabacher Kaptur Pallone Vento mission to revise and extend his re- Campbell Holden Ros-Lehtinen Kennedy (MA) Pastor Visclosky marks.) Canady Horn Rose Kennedy (RI) Payne (NJ) Volkmer Mr. HYDE. Mr. Chairman, this bill Castle Hostettler Roth Kennelly Pelosi Ward Chabot Houghton Roukema Kildee Peterson (FL) Waters comes to us against the background of Chambliss Hunter Royce Klink Rahall Watt (NC) domestic and foreign terrorism that Christensen Hutchinson Sanford LaFalce Rangel Williams has caused countless murders of inno- Chrysler Hyde Saxton LaHood Reed Woolsey Clinger Inglis Schaefer Lantos Rivers Wynn cent men, women, children, and the el- Coble Istook Schiff Levin Roemer Yates derly. So bloody, and so cowardly, a se- Coburn Johnson (CT) Seastrand Lewis (GA) Roybal-Allard ries of crimes that to ignore them and Collins (GA) Johnson, Sam Sensenbrenner to ignore the frightening potential for Combest Johnston Shadegg NOT VOTING—23 Cooley Jones Shaw Brown (CA) Laughlin Riggs future atrocities amounts, in my hum- Cox Kasich Shays Bryant (TX) Livingston Rush ble opinion, to a dereliction of duty. Crane Kelly Shuster Chapman McDermott Sisisky The World Trade Center bombing in Crapo Kim Skeen Chenoweth Moakley Stokes Cremeans King Smith (MI) Collins (IL) Nadler Waxman New York prompted this legislation. Cubin Kingston Smith (NJ) Collins (MI) Neumann Whitfield That cost 6 lives, and it was a miracle Cunningham Kleczka Smith (TX) de la Garza Ortiz Wilson that it did not cost 600. Had the bomb Davis Klug Smith (WA) Hoke Porter been placed differently, it might have Deal Knollenberg Solomon knocked the entire building down. DeLay Kolbe Souder b Deutsch Largent Spence 1220 Mr. Chairman, this bill is spurred by Diaz-Balart Latham Stearns Messrs. KENNEDY of Massachusetts, the Pan-American 103 tragedy, which Dickey LaTourette Stockman Dicks Lazio Stump RAHALL, and BARCIA changed their cost 270 lives. It was spurred by Leon Doggett Leach Talent vote from ‘‘yea’’ to ‘‘nay.’’ Klinghoffer’s murder on the Achille Doolittle Lewis (CA) Tate So the resolution was agreed to. Lauro; by the American hostages in Dornan Lewis (KY) Tauzin The result of the vote was announced Lebanon; by the use of chemical war- Doyle Lightfoot Taylor (NC) Dreier Linder Thomas as above recorded. fare in mass transportation in Japan; Duncan LoBiondo Thornberry A motion to reconsider was laid on by the Oklahoma City bombing that Dunn Longley Torkildsen the table. cost 168 lives; by the bombings in Tel Ehlers Lucas Torricelli Ehrlich Luther Traficant PERSONAL EXPLANATION Aviv and in Jerusalem, and by the IRA Emerson Manton Upton Mr. RIGGS. Mr. Speaker, on rollcall No. 60, in London. Vucanovich English Manzullo I was unavoidably detained on personal busi- Mr. Chairman, as the tragedies Ensign Martini Waldholtz mount, as the efforts at international Walker ness and unable to vote. However, had I been Eshoo McCollum intimidation mount, what is our re- Everett McCrery Walsh present, I would have voted ``yes.'' Ewing McDade Wamp sponse? We are told by some that we do Fawell McHugh Watts (OK) b 1515 not need any new laws. After all, we Fields (TX) McInnis Weldon (FL) caught McVeigh, did we not? Yes, we Flanagan McIntosh Weldon (PA) PERSONAL EXPLANATION Foley McKeon Weller did, we caught him speeding. Talk Forbes Metcalf White Miss COLLINS of Michigan. Mr. about lucking out. Fowler Meyers Wicker Speaker, this morning I was unavoid- There is an old saying, ‘‘God takes Fox Mica Wise ably detained and missed rollcall vote Franks (CT) Miller (FL) Wolf care of drunks, children, and the Unit- Franks (NJ) Molinari Young (AK) No. 60 by about 1 minute. Had I been ed States of America.’’ I hate to rely Frelinghuysen Montgomery Young (FL) present, I would have voted ‘‘no.’’ on that for our future national secu- Frisa Moorhead Zeliff Ms. PRYCE. Mr. Speaker, I ask unan- rity. I do view our sworn duty, and up- Frost Morella Zimmer Funderburk Murtha imous consent that House Resolution holding our Constitution, not to prefer 376, providing for consideration of H.R. the criminals and criminal aliens, but NAYS—157 2703, which was a general debate rule to provide for the common defense Abercrombie Browder DeFazio only, be laid on the table. This has within the four corners of our Con- Ackerman Brown (FL) DeLauro been cleared with the minority. stitution. All I ask, Mr. Chairman, is Andrews Brown (OH) Dellums The SPEAKER pro tempore (Mr. EV- that the Members do not consign their Baldacci Cardin Dingell Barcia Clay Dixon ERETT). Is there objection to the re- common sense to certain groups who Barrett (WI) Clayton Dooley quest of the gentleman from Ohio? belittle what we are trying to do. In Bass Clement Durbin There was no objection. the end, we have to live with ourselves Becerra Clyburn Edwards Beilenson Coleman Engel The SPEAKER pro tempore. Pursu- and how we vote on this life and death Bentsen Condit Evans ant to House Resolution 380 and rule issue. Berman Conyers Farr XXIII, the Chair declares the House in What is in this bill, I would ask, Mr. Bishop Costello Fattah the Committee of the Whole House on Chairman? There are three things that Bonior Coyne Fazio Borski Cramer Fields (LA) the State of the Union for the consider- ought to be of interest to all of us: the Brewster Danner Filner ation of the bill, H.R. 2703. effective death penalty provisions, H.R. H2138 CONGRESSIONAL RECORD — HOUSE March 13, 1996 729 recapitulated, and which has been ignated foreign terrorist organizations bers to listen to this debate. It will not passed by the Senate; that is habeas from entering the United States. That be pleasant, it will not be easy, but it corpus reform. There is the Criminal is taken out by the Barr amendment, involves our national security. I com- Alien Deportation Improvements Act. which we will debate later. mend it to Members’ preferred atten- That is, after a criminal alien has This does include a provision that tion. served his time, an expedited deporta- was part of the Contract With America Mr. Chairman, I reserve the balance tion of that person. There is manda- that provides a good-faith exception to of my time. tory victim restitution. That brings the statutory exclusionary rule. If the Mr. CONYERS. Mr. Chairman, I yield the criminals to justice and brings jus- court finds a law enforcement officer’s myself such time as I may consume. tice to the victims. violation of the wiretap statute was a (Mr. CONYERS asked and was given Mr. Chairman, we have taken out, good-faith error, the evidence will not permission to revise and extend his re- after months, and I mean 3 months at be suppressed. That was taken out by marks.) least and more of negotiation with peo- the Barr amendment, which we will de- Mr. CONYERS. Mr. Chairman, I want ple out of sympathy with every aspect bate latter. to thank the distinguished chairman of of this bill, we have taken out emer- the Committee on Judiciary for open- b gency wiretap provisions, although I 1230 ing up the discussion around a very wish they were in. We have taken out This bill incorporates the Criminal sensitive and important matter. He has the roving wiretap authority, because Alien Deportation Improvements Act, worked very hard on this matter and criminals go from one phone to an- which already passed the House and we he feels very strongly about it. I hope other. God forbid that we should be are going to try and pass it again. It we will all stay down on the planet, able to tap into the person’s conversa- has not passed the Senate. right down here on terra firma as we tions, rather than specifically to the This bill changes asylum laws to discuss a very emotional, very dif- phone, but we took that out. avoid manipulation by terrorists. ficult, very sensitive, very terrible cir- We took out military involvement in This bill prohibits fund-raising in the cumstance that this House of Rep- civil law enforcement provisions. That United States by designated foreign resentatives is called upon to try to reis where they use chemical warfare in terrorist groups. That is stripped out of solve. mass transportation. We take that out, the bill by the Barr amendment, which I begin our part of this debate by re- even though the military is probably we will discuss later, by way of strip- ferring all of my colleagues, including the only organization available that ping the designation process of who is my chairman, to a Monday, March 11 has the technology and know-how to a terrorist or a terrorist organization. New York Times op-ed piece by An- cope with that. We have taken out a Parenthetically, this morning’s thony Lewis. It describes succinctly definition of terrorism that they com- Washington Post has an interesting how terrorism wins. plained was overly expansive. story on page A–18: ‘‘Freeh,’’ meaning It wins by undermining the Constitu- tion unwittingly as we rush out with We have taken out the funding for a Louis Freeh, the director of the FBI, an omnibus bag of about every domestic counterterrorism center that ‘‘Says Hamas Raising Money Here.’’ anticrime piece of legislation that has the FBI and the CIA wanted, and the That seems to me to be outrageous, but been laying there, and we throw it all Justice Department wanted. We have we will come to grips with that later in together and we throw it at those awful taken out funding for additional FBI the debate over the amendments. terrorists. It might help, and it will do personnel, as though we have enough But the people of the United States some good, and there are some good FBI agents. We have taken out provi- should not bankroll terrorist activity. parts of the bill that was authored by sions to pay for digital telephony that The effective death penalty provi- the chairman of the Committee on Ju- will permit our law enforcement people sions are habeas corpus reform, a diciary. to tap into fiber-optic wires. We will major plank in Republican anticrime not have that capacity. We took out Another piece that I refer to the gen- policy. I can only say when a John tleman is the New York Times edi- machine-readable visa provisions. Wayne Gacy murders 27 young boys What is left in the bill? As I said, torial dated today: ‘‘The Wrong Answer and it takes 14 years from the time of there is habeas corpus reform, criminal To Terrorism.’’ We are going to discuss his sentencing to the time he is exe- alien deportation, and mandatory vic- this, because there are several propos- cuted, something is seriously wrong tim restitution. Those are largely als on the floor today. One is the Hyde- with justice. We try to correct that. crime, rather than antiterrorist, but Barr bill passed in the Committee on The widow of the Secret Service we do require the marking of plastic Judiciary. One is the Barr bill, which is agent who died in Oklahoma City, explosives with chemicals to aid in de- not antithetical to the Hyde-Barr bill, Diane Leonard, told us the other day, tecting their presence before they ex- but they go along together in some that for victims there are no indict- plode. If we had had that capability, we parts and they fly apart in some places. ments, no pretrial hearings, no trials, could have prevented PanAmerican 103 I will leave them to explain where no appeals, no chances for remorse and and the loss of life. there are similarities and differences. We prohibit unlawful nuclear mate- no doubt of their innocence. Yet for But I would like to bring to Mem- rial transactions. There is a serious those who commit these crimes, where bers’ attention that the bill that many threat of nuclear terrorism from di- there is no doubt of guilt, there is only of us are supporting has some very im- verted stockpiles from the former So- appeal after appeal after appeal. portant, good features of the Hyde pro- viet Union. This is deterrence by legis- We have the Victims’ Restitution Act vision in it, identical. I would like to lation. in here, another Contract With Amer- recite them at the very outset of the We do not repeal the sixth amend- ica anticrime item that previously debate, because our chairman has made ment’s protection of our right to passed 431 to 0. a number of comments that I will be confront our accusers in criminal Mr. Chairman, we have a good bill commenting again on with more par- cases. But, in deportation cases, under here, a bill that I think is helpful in a ticularity. certain circumstances, when to situation where danger lurks inter- He has talked about the Victims’ confront the accused by the source of nationally and domestically. As Isra- Restitution Act. It is good. We support the information would reveal the el’s best friend in the world, it would it. He has it, we have it, ‘‘we’’ being the source and compromise our security, be naive in the extreme to assume that Conyers-Nadler substitute that will there is a very useful and, I think, jus- we will not be targeted by those forces come up at the end of this debate. tifiable process in the bill to protect that are cowardly and promiscuously We check off one. We both agree on justice and at the same time protect bombing in Jerusalem and Tel Aviv, that. America from alien terrorists. That is where buses and public places get We have significant other agree- taken out by an amendment to be of- bombed. ments in antiterrorism. We both agree fered by the gentleman from Georgia To me it is, I hate to use the word in- that we should have prohibitions on [Mr. BARR]. sanity, but it is, not to be prepared for providing material support for terror- Mr. Chairman, this bill bars rep- this. There are things we can do and we ists and on fund-raising efforts on their resentatives and members of des- ought to do. I respectfully urge Mem- behalf. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2139 He cited Hamas. I cite Hamas. I agree than for them to improve on our bill. Mr. CONYERS. Mr. Chairman, I yield that we should not allow terrorist to We might say we are the new, final, re- 5 minutes to the gentleman from Mas- raise funds and we should not provide fined, updated version on the subject. sachusetts [Mr. FRANK], who has been material support for their fund-raising We are the latest product of a lot of on the committee since he arrived in efforts where there could be confusion hard work that went into these bills the Congress, has worked on these mat- of whether they are charitable or not and these provisions by the members of ters with great diligence. charitable. We think that there should the Committee on the Judiciary. Mr. FRANK of Massachusetts. I be very careful, precise distinctions Mr. Chairman, I reserve the balance thank the senior minority member of made about that. I think we may do a of my time. the Committee on the Judiciary, who better job in the substitute than the Mr. HYDE. Mr. Chairman, I yield 21⁄2 made such a good statement. I appre- chairman’s bill, but that is what we are minutes to the distinguished gen- ciate his reminding me that I have here to figure out this afternoon. tleman from Pennsylvania [Mr. been on the committee, because I could There are new criminal provisions in GEKAS]. have sworn I was on the committee. I both bills protecting Federal employ- (Mr. GEKAS asked and was given went to a lot of meetings of something ees and their families, prohibiting the permission to revise and extend his re- that I was told was the Committee on sale of nuclear materials and the marks.) the Judiciary, and I was voting on threatened use of weapons of mass de- Mr. GEKAS. Mr. Chairman, I thank something called the terrorism bill, struction, and new criminal provisions the gentleman for yielding me the but then I see the bill that is on the time. for combating terrorism overseas. It is floor today, and it is not the bill that Mr. Chairman, it is no secret that 80 in the Hyde-Barr bill, it is in the Con- we worked on in committee. percent of the people of the country in I very much regret the way the lead- yers-Nadler bill. Identical provisions. one way or another have registered ership of the House, and I do not be- We agree. There is no dispute about their support of the imposition of the lieve this is a decision of the commit- that. We think these are effective rem- death penalty for those vicious types of tee leadership, I am talking about the edies. cases that too often find their way into House leadership, the House leadership Another area of agreement: Increased the headlines of our newspapers and on and the Committee on Rules. I regret criminal penalties for burning or the evening television news. We have the way they are systematically deni- bombing Federal property. Agreement. tried mightily from the very beginning grating the work of the committee. Conspiring to take hostages and com- to make sure that the Federal estab- That is not simply a matter of jurisdic- mit air piracy, increase the criminal lishment has a workable death penalty tion of turf, it is a matter of legislative penalties. Agreement. Transferring exon the statute books. procedure that goes to substance. plosive material knowing it will be When I first came to the Congress, I We are dealing here with about as used to commit a crime of violence, in- was appalled by the then Committee on important a set of issues as we can. crease the penalties. We agree. the Judiciary, of which the gentleman How does a democratic society com- We also, on our last point of agree- from Michigan was a potent part, mittee to democracy, committed to in- ment, have both determined that there where the Democrat-controlled com- dividual rights, committed to open- should be enhanced investigative au- mittee smacked down every conceiv- ness, deal with the murderous threat of thority given to parts of our Govern- able attempt we made at trying to in- a small handful of people, internation- ment. In the area of requiring the stall a Federal death penalty to cover, ally based, who are trying to wreak marking of plastic explosives, more in- of all things, assassination of the harm in that society? There can be no vestigative authority. In the area of re- President, God forbid, and felony mur- more important or more difficult task quiring telephone companies to pre- ders, multiple murders, all these hei- than to arm the law enforcement peo- serve their records for at least 3 nous crimes that occur on a daily ple, the decent and hard-working and months, more investigative authority. basis. Anyway, it took us until 1988 well-intentioned law enforcement peo- And in authorizing monetary awards to with a parliamentary maneuver to ple of this country, with the tools that assist in the prosecution of felony make an entry into this field by having allow them to counter the terrorists cases, more enhanced authority. It is the House approve, at long last, a who are increasingly a worldwide in the Hyde-Barr bill, it is in the Con- death penalty for at least those drug group, although obviously our domes- yers-Nadler bill. Agreement, point dealers who kill in the furtherance of tic people contributed sadly a great after point after point after point after their enterprise. deal to this, how do you arm them point after point. We were joyous in the fact that we while at the same time preserving de- But I would like to submit, Mr. made this breakthrough and that we mocracy and individual rights? That is Chairman, that the substitute bill is had this deterrent effect on the books, a process that takes some balance. tougher on terrorists than the Hyde- after long last. But then we are faced I did not agree with everything in the Barr bill in two key respects: with another phenomenon. bill that came out of the Committee on First, in our bill we make it a crime the Judiciary, but the chairman pre- b to target children when engaging in an 1245 sided over a very fair markup, gave act of terrorism, thereby specifically It appears that the inmates on death consideration to legislation on the responding to the shocking crime in row who have been convicted of these merits offered to amendments, and Oklahoma City. We make it an addi- horrible killings are able to escape the that bill came out that I voted for be- tional crime to target children when final justice, to escape the noose, as it cause I thought it achieved that bal- engaging in the act of terrorism. Then were, by filing appeal after appeal after ance, and then once it was no longer in we include even stronger protections appeal, sometimes lasting on inmates the hands of the committee and the for American citizens who are the vic- row, on death row for as long as 15 committee leadership, the Republican tims of violence in terrorist States like years. leadership made the decision that they Libya. How? By allowing suits against Those same statistics that show that had to conciliate their own right wing, terrorist nations to be brought directly 80 percent of the American people want and we therefore have a bill today in an American court. the death penalty properly applied, which is so different than the bill that Mr. Chairman, I would like to invite that same statistic, also yields an out- came out of committee. all of our colleagues to inquire, which rage on the part of the American peo- Let me give you an example. One of bill is more effective? Which one has ple at the inability of the final word to the provisions that was in the commit- more expanded authority? Which one be placed on the killer on death row. tee bill, and it was narrowed in com- has more increased criminal penalties? What the provisions in this bill do is mittee. I did not agree with the nar- And which one has more new criminal to limit the number of appeals that can rowing. That is the way the committee provisions, as we wind our way through be filed by the inmate so that justice process worked out. It allowed the At- this debate? can be served. That inmate will then torney General of the United States to Mr. Chairman, I concede that the meet his justice at the hands of the call on the U.S. military if she could Hyde-Barr bill came out first, so it was Federal Government even though he certify that she had no civilian exper- easier for us to improve on their bill will have tried to avoid justice. tise and needed military expertise to H2140 CONGRESSIONAL RECORD — HOUSE March 13, 1996 deal with certain weapons of mass de- We have something that has been a sense of balance to the in the face of struction, biological and chemical jerked out of shape by the leadership of a lot of emotionalism that exists on weapons. this House giving in to right wing pres- these issues. That was included in the committee sure. I think the chairman of our commit- bill. It was narrowed in committee, but Mr. HYDE. Mr. Chairman, I yield 2 tee, Chairman HYDE, has framed the no one in committee even moved to minutes to the gentleman from New issue in this debate a little bit dif- knock it out. Lo and behold, words I do Mexico [Mr. SCHIFF]. ferently than I would frame it. He has not often get to use, lo and behold, the Mr. SCHIFF. Mr. Chairman, I thank said the issue is do we need a bill or bill comes on the floor of the House, the gentleman for yielding this time to some additional laws in the area of and that language is missing. me. I went to the Committee on Rules Mr. Chairman, I rise in support of international terrorism? I think if you yesterday and said I have an amend- H.R. 2703, and since this is general de- polled every Member of this body, you ment. I would like to restore to the bill bate, I want to say, meaning no pun would get no dispute on that issue. All language that was in committee, and whatsoever, that I am generally in of us would agree that additional laws the chairman of the Committee on favor of this bill. I think some further are needed to address this dynamic and Rules said, well, it is not germane. modifications are still indicated, and I changing area that we historically Language that the committee adopted intend to vote for some of the amend- have not had to deal with in this coun- modified, giving the Attorney General ments that are being offered here try. of the United States the ability to call today. So the issue is not do we need addi- on the military of the United States However, I believe that we should tional laws. The way I would frame the for expertise if she can find that exper- pass H.R. 2703 and move on this front. issue is not do we need additional laws, tise nowhere else, specifically, said the I think international terrorism is a re- the question is do we need these laws military cannot arrest, the military ality. It has happened in the United that are being proposed in this particu- cannot do detention, the military ex- States. It is happening all over the lar bill. And I will submit to you that pertise, special expertise in weapons of world. It is something that we are there are some very, very troubling as- mass destruction can be made avail- going to have to do ever stronger ef- pects to this bill. What we are called able. forts in order to confront. upon to do really is to draw a balance It was in the committee bill. The I want to say that the Federal Gov- between the need for additional laws to right wing, sadly, tragically, increas- ernment has the chief responsibility in address terrorism and, on the other ingly, regards the U.S. armed services countering threats against this coun- hand, the individual rights that indi- to some extent as a bad guy. It is a try that originate from outside of this vidual citizens in the United States are very interesting factor here. Why did country. Other than modifications, guaranteed under the Constitution of language empowering the Attorney which, as I have indicated, some of the United States of America. General to ask the U.S. military for as- which I support, I have heard two gen- sistance that was in the committee bill eral objections to this bill. One is why When we are stepping across the not only disappear but it is not ger- do we need to give the Federal Govern- bounds to make new laws that substan- mane, it is not allowable to be offered? ment any more responsibility, since a tially cut back on our individual rights Because the right wing had to be terrorist act by definition, when it oc- and freedoms in this country, then we palliated. The right wing, maybe they curs, would violate State law? In other must begin to ask the question, what thought these military people were words, if a bomb is set, a bomb goes off, price are we willing to pay in terms of going to come in black helicopters. I do that would violate the law in any State our individual rights and freedoms? not know what paranoia on the Amer- of the United States. Of course, it What price are we willing to pay as ican right that is involved here. I know would. But I can tell you from a career citizens of this country to make our- it is tragic the Committee on the Judi- in State and local law enforcement selves more secure? ciary was compelled by its leadership that State and local law enforcement Now, let me illustrate this to you. to give in. We are going to see this simply is not geared to do the intel- We can build walls around everybody in with the immigration bill, by the way. ligence and investigation of processes this country. We can take away all of We had a very good process on the im- that would be necessary to try to our individual rights that are guaran- migration bill once again. Once it left counter foreign-based terrorism. teed to us in the Constitution and lock the Committee on the Judiciary, where Second of all, the argument has been everybody up whether they have com- the chairman presided over a fair and raised that there have been certain mitted any crime or not, and none of deliberative markup and we came up events where law enforcement proce- those people inside those walls or in with a bill, balanced, although some dures may have been abused by Federal those jails who have been deprived of liked it, some did not, it leaves the law enforcement agencies, and portions their rights can commit any crimes. committee, and right wing pressures of incidents at Waco and Ruby Ridge But are we willing to pay that price? are applied through the Republican are argued, and indeed law enforce- Are we willing to pay that price for se- leadership to change, and presto ment, I think, in both of those inci- curity? Because the more we take away chango, how things happen, things dis- dents fell short. But that does not our rights and lock people up without appear, things appear, and this terror- mean that we do not give law enforce- giving them due process and take away ism bill, things affirmed in committee ment responsibility to act because the right of habeas corpus that pro- have been knocked out. Things not in there are problems, because there are tects the individual citizen when the are put back in. Things in the commit- problems in every law enforcement Government is engaged in some illegal tee with amendment, amended, and it agency. We clear up those problems, act, the more we have moved toward a is critical for this reason: We need to and we move forward when we have to, totalitarian society and away from the draw a balance. and I believe this bill does so. I am in favor of enhanced law en- Mr. CONYERS. Mr. Chairman, I yield democratic society which is so impor- forcement powers to deal with terror- 5 minutes to the gentleman from North tant to each and every one of us. ism, but I want those powers to be ac- Carolina [Mr. WATT], an able member So as we listen to this debate, I en- companied by safeguards tailored to of this subcommittee, a practicing at- courage all of my colleagues to con- make sure the powers are exercised torney for decades. stantly think about what this balance well. I want judicial review in a reason- Mr. WATT of North Carolina. Mr. ought to be. What price am I willing to able way. I want people who may have Chairman, I thank the gentleman for pay as an individual citizen in terms of had their rights interfered with able to yielding me this time on this impor- my own individual rights and freedoms sue in reasonable fora. tant subject, and I want to congratu- and liberties and protections? What I voted for the bill in committee. I late the members of the Committee on price am I willing to pay to address am going to have to wait and see how the Judiciary who have dealt with this this issue? And if we can arrive at some we vote on this. We no longer have the very difficult issue over a period of appropriate balance, then that is where careful product from the committee. time and tried to craft a bill that has we ought to be going in this bill. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2141 b 1300 Mr. CONYERS. Mr. Chairman, I yield who is a terrorist organization in this Mr. HYDE. Mr. Chairman, I am myself such time as I may consume. country, America, anytime soon. I do pleased to yield 3 minutes to the dis- Mr. Chairman, this is known as the not really think most of the Members tinguished gentleman from Oklahoma accuracy in debate portion of our ac- do either. [Mr. LUCAS]. tivities on the floor today. Mr. Chairman, I reserve the balance Mr. LUCAS. Mr. Chairman, I stand The chairman says that somebody is of my time. before you today in a position that I telling him we need no new laws. Now, Mr. HYDE. Mr. Chairman, I yield my- never would have envisioned for myself maybe somebody is, but nobody on the self 30 seconds. when I was elected to Congress. I am Committee on the Judiciary that I Mr. Chairman, I yield myself this here today as a champion of habeas know of has been telling anybody that, time simply to express my profound ap- corpus reform. This is not because I Republican or Democrat. I think every- preciation for being instructed by the have had a change of heart, but be- body knows we need new laws. distinguished gentleman from Michi- cause of the heartbreak of the people of The question, sir, is, what new laws, gan. I always learn when he talks. However, I beg to disagree. I think my State. which new laws? April 19, 1995, the day of the ruthless Now, I know we have to refer to the terrorists who kill ought to die, and bombing of the Alfred P. Murrah Fed- Oklahoma City tragedy, the they ought not to linger for 16 or 17 eral building in Oklahoma City, will be Klinghoffer, Achille Lauro, and other years. That is why habeas corpus is in etched in the minds of all Americans terrorist activities. Hamas will be there. I commend the text of the bill to my for years to come. To the people of mentioned 999 times today, and maybe friend. He said one cabinet officer can Oklahoma, and especially to the fami- it should be. But what do these have to come up with a list of terrorist organi- lies of the 168 people that died in the do with habeas corpus? zations. No, it is the Secretary of State bombing, this year has been especially Here, Chairman HYDE, is where you in conjunction with the Attorney Gen- long and difficult as we have tried to went wrong, because you made this a eral. That is two, the last time I begin the process of healing and put- grab bag crime bill and lost sight of the fact that this is an antiterrorist piece looked. They come up with the evi- ting our lives back together. dence, they submit it to Congress, the An important part of the healing of legislation of the first moment. So facts behind it, and a judicial review is process for the survivors will be to see you gathered up every old sack of legis- available to the organization or the that those who committed this heinous lation that has been laying around. person. So I commend the text to my crime are punished. The habeas corpus And since you thought you were on a friend. reform that is included in this bill will fast track, you stuck it on. Mr. Chairman, I yield 11⁄2 minutes to Here is the first train coming out of ensure that those who committed this the learned gentleman from Pennsylva- the station. Well, we have been debat- crime will not be able to delay punish- nia [Mr. FOX]. ment through endless appeals. ing habeas corpus for 10 years. Stick it Mr. FOX of Pennsylvania. Mr. Chair- Last week, many of you had the op- on. Let us go get the death penalty. man, I rise in support of the foreign portunity to meet with the Oklaho- Stick it on. Let us get alien deporta- sovereign immunity amendments con- mans who have suffered the most in tion. We have immigration coming up. tained in this legislation. We must the past months. They are real people But stick it on. make foreign state sponsors of terror- with real stories. For example, there is Now you are paying for it, because ism responsible for their actions. Re- Clint Seidl, an 8-year-old boy who will you have got a junk bag crime bill, and cent events make clear now more than never see his mother again or Nicole not what we came here for today, ever the grave threat posed by inter- and Kylie Williams. Nicole’s husband namely, a bill to fight terrorism. Be- national terrorism to the interests of Scott was making a delivery to the cause I have got the best antiterrorist the United States at home and abroad. Federal building that fateful day. Ni- bill that will hit this floor today, the Outlaw states continue to serve as cole was 6 months pregnant at that strongest, the most effective, the one sponsors and promoters of this rep- time and now Kylie will never know with the most additional penalties. rehensible activity, providing safe her father. And you have got a great crime bill haven, training, weapons, and other The message of these victims and that ought to be debated some other support to terrorists. survivors is that they will never see place, some other time. And that is the Terrorists are responsible for the their loved ones again, while those who problem. deaths of our citizens and other inno- committed this heinous crime, if con- Mr. Chairman, the gentleman says cent civilians in senseless acts of vio- victed, will. And even if they are sen- somebody took wiretaps out. Well, read lence and the destruction of property tenced to death, they could languish on the bill. We did not take wiretaps out. throughout the world. You will recall, death row for as long as 17 years. I be- That is an inaccurate statement. with horror and profound grief, the lieve a fellow Oklahoman, Diane Leon- We have got plenty of good things in murders aboard the Achille Lauro cruise ard, who lost her husband in the bomb- here, and I just want to close with one: liner, the bombing of Pan AM Flight ing, said it best. She said, ‘‘The victims Prohibiting material support to terror- 103, the World Trade Center bombing had no judge, no jury, no pretrial hear- ist organizations. That is in my bill: and the four recent bombings in the ing, no trial, no defense, no appeals, no Prohibiting the providing of material State of Israel. The list of other such convictions except that found in a sick support or resources to organizations shameful and cowardly acts is endless. mind. My husband and others were exe- designated as terrorist by the Sec- In addition to the horrible human cuted with no dignity, no time to pre- retary of State. But it provides expe- and economic costs of terrorism, it is pare, no chance to repent, no oppor- dited judicial review of that designa- also a serious attack on United States tunity for their family to know of their tion in a hearing in which the organi- foreign policy across the globe. Terror- love or to be reassured of their fami- zation will have the opportunity to call ist acts create instability, detract from lies’ love for them. They had no guar- witnesses and present evidence in re- our efforts to secure peace, and di- antee of a painless and swift death. buttal of that designation. rectly assault the United States and These innocent were left to linger and You do not mind that, do you? We are our closest allies. die in the rubble.’’ in America. Since when can one Cabi- We cannot tolerate support for ter- Mr. Chairman, this bill is about these net official come up with a list? Do you rorism from foreign governments. No victims and preventing what happened not remember the McCarthy era, sir? member of the community of nations to them from ever happening again in That is what the Attorney General did. should condone or assist such reprehen- this country. I stand here today and Now here we are within the same gen- sible violence. And no foreign state say enough is enough. Support fun- eration coughing up the same non- should be able to hide behind its immu- damental habeas corpus reform. Sup- sense. And we say, ‘‘Well, let’s give nity as a sovereign government to port mandatory victim restitution. people a chance to rebut the designa- avoid having to pay the consequences Support closed-circuit broadcasting of tion.’’ of supporting terrorism. Accordingly, I the Oklahoma City bombing trial for What for? I would not want the Sec- introduced H.R. 1877, the State-Spon- its victims. Support H.R. 2703. retary of State Buchanan designating sored Terrorism Responsibility Act to H2142 CONGRESSIONAL RECORD — HOUSE March 13, 1996 allow American victims to have a bill. It presents us with a clear choice money in this country today; they are means of redress in the courts. I am between two courses of action: We can using that money to blow up children pleased to see that under Chairman reject extremism and its spawn of ter- and innocent people. They hate Amer- HYDE’s leadership, this measure has rorist violence, or we can give in to ica and all it stands for, and they will been included in the legislation before overblown fantasies of Government op- hurt us again and again and again un- us today. pression that have been advanced less we give law enforcement reason- We must make a clear statement against this bill by the fringes on both able tools to stop them. that support for terrorism is unaccept- our right and our left. Make no mistake; terrorism from able in the international community. The great moderate mainstream of overseas is real, terrorism from these Allowing lawsuits against nations this House can stand up, unite across shores is real. They are real, not hypo- which aid terrorists will allow us to in- party lines, and pass this bill. We can thetical. crease the pressure against these out- reject the creeping paranoia that en- So, my colleagues, we must act. We law states which would deprive our courages any nut with a gun and a must act. citizens, our Nation, and our allies of grudge to take up arms and terrorize I would ask my colleagues, all of their freedom and safety. the rest of us. Or we can pretend we are them, which is the greater threat? A Mr. HYDE. Mr. Chairman, I yield 1 powerless to stop the bombing of chil- fanciful hypothetical under which the minute to the gentleman from Okla- dren and the murder of innocent men Attorney General of the United States homa [Mr. LARGENT]. and women in future terrorist violence. turns into a power-mad rogue using Mr. LARGENT. Mr. Chairman, I lis- These are our choices, and they are this law to go after the Girl Scouts, or tened to my colleague on the other side crystal clear. some sick, twisted terrorist willing to of the aisle say we have debated habeas Now, I understand and sympathize be able to blow up children sleeping in corpus reform for 10 years. I think that with the legitimate concerns of those their nursery? Both are horrible sce- is plenty of time. If we debate it an- who say we should be careful to protect narios. Which one is the more real? other 4 years, that will be about the our liberties as we consider this bill. I That is what I would ask my colleagues average time that a convicted mur- share their concerns. I supported and to weigh. derer sits on death row before his sen- sponsored amendments that are built And so in conclusion, Mr. Chairman, tence is executed, if that occurs in that into this bill to help meet our shared we need a hard, cold, strong, balanced, amount of time, 14 years. concerns, and I am absolutely con- and effective response to the fact of Mr. Chairman, I came to Washington vinced that as this bill stands before us terrorism. This bill provides it. I ask to shape legislation to reflect a reliable today, it has been well crafted to pro- my colleagues from both sides of the sense of right and wrong. But when tect those liberties. aisle, because we will not pass this bill murderers who rape or kidnap their But what I do not understand and without help from both sides of the victims are convicted and sentenced to what I do not share are the extreme aisle, to answer the plea of the over- death, it is wrong to delay their sen- hypotheticals that extreme advocates whelming majority of Americans and tence year in and year out with appeals who have lobbied this House from both vote for this bill. challenging the constitutionality of the right and the left have invented to Mr. CONYERS. Mr. Chairman, I yield their conviction. It is not uncommon, oppose this bill. Anyone can dream up myself 15 seconds because our distin- as I mentioned before, for criminals to these tortured fantasies. Anyone can guished colleague from New York was be clothed, fed, and housed for 14 years invent an extreme hypothetical under not on the floor. I want to commend to while their habeas appeals are consid- which someone, somewhere, somehow him Anthony Lewis’ op-ed of March 11, ered. will be treated unfairly by Federal laws 1996, which pointed out how terrorism Put yourself in the place of a parent we pass. These may be interesting aca- wins when we undermine the Constitu- of a murdered child. That parent must demic exercises for law professors, but tion, and today’s New York Times edi- deal with the pain and the loss, and we cannot allow these tortured fan- torial, which is entitled ‘‘The Wrong know full well that their child’s killer tasies to paralyze Congress and the Na- Answer to Terrorism,’’ and I think is escaping the sentence decided by a tion. We have to balance. they were referring to the bill that he fair jury. This is cruel and unusual If there were no bombings at all, no champions. punishment. terrorism at all, we would not need Mr. SCHUMER. Mr. Chairman, will Habeas corpus reform contained in this bill at all. If there were bombings the gentleman yield? this bill limits the number and pur- everyday, we would need even much Mr. CONYERS. I yield to the gen- poses of habeas petitions, and it is the stronger action. I do not want us to be tleman from New York. right thing to do. too late with too little. Everything is a Mr. SCHUMER. Mr. Chairman, the Mr. CONYERS. Mr. Chairman, I am balance. You cannot, cannot, do noth- New York Times is a great newspaper, pleased to yield 5 minutes to my friend, ing without some hypothetical coming but even they sometimes are wrong. the gentleman from New York [Mr. up there and rearing its head. Mr. CONYERS. But not when it SCHUMER] who has served as the chair- comes to you, sir. b man of the Subcommittee on Crime for 1315 Mr. HYDE. Mr. Chairman, I yield my- many years and is still its ranking I originally introduced the terrorism self such time as I may consume. member, and a distinguished member legislation similar to this last year be- Mr. Chairman, the New York Times of the Committee on the Judiciary. fore the Oklahoma City bombing. Peo- editorial was wrong, and I will be (Mr. SCHUMER asked and was given ple then said we are overreacting. happy to show my colleague where permission to revise and extend his re- Oklahoma City proved them wrong. they are not quite up to speed. marks.) What will we say if America suffers Mr. Chairman, I yield 3 minutes to Mr. SCHUMER. Mr. Chairman, I another such catastrophe? The point is the distinguished gentleman from In- thank my good friend, the ranking that we already had a process that dian [Mr. BUYER]. member, for his generous yielding of built safeguard after safeguard into the Mr. BUYER. Mr. Chairman, I thank time. bill. We have had enough deliberation, the gentleman from Illinois [Mr. HYDE] Mr. Chairman, I rise in strong sup- enough debate. It is time to act. This for yielding this time to me. Let me port of this legislation. I wanted to bill does not trample our rights. Ter- compliment the gentleman on a lot of congratulate the distinguished chair- rorism, terrorist violence, tramples our great work on this bill. It has taken a man of the Committee on the Judici- rights. Terrorist violence is not a clev- lot to get through the committee, and ary, the gentleman from Illinois [Mr. er hypothetical; it is a harsh fact. we still have a lot of ground yet to HYDE], for the fair and balanced bill he Go be briefed by the FBI counter-ter- cover. The Senate passed theirs last has brought to the House today. rorism unit and find out what is going week. I compliment the chairman on Mr. Chairman, I would like to see on in America. Ask the survivors of the permitting a cooling-off process after even a tougher law. Certain provisions bombings of Pan Am flight 103 and the the Oklahoma City bombing so we that belong in this bill were knocked World Trade Center, and Oklahoma could move legislation with good intel- out, but I still strongly support the City. These terrorists are raising lect, and thought and reflection. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2143 I believe that the threat to Ameri- controlling with their movement a to mandate at the Federal level paying cans from international acts of terror Messianic totalitarian movement, a money back from the criminals to the is very real. From 1990 to 1994, Mr. southern Europe, the Middle East, victims, and we have in here a criminal Chairman, 40 percent of reported inter- northern Africa, the Near East, all the alien deportation provision that we national terrorist acts worldwide were way through India, and over to much of passed earlier that we are attaching to directed against United States’ inter- where the Philippines is today, through this bill that is very fundamental to ests. Although many Americans do not Southeast Asia, because they believe it both the terrorist threat and to getting realize the risk, U.S. citizens and their is their destiny to do that. They do not the aliens out of this country more property are the targets of choice, think the same way that we do about quickly who may come here, and many often called soft targets. They are ei- matters, and they see the United times the threats to our national secu- ther business sites or tourist sites. Be- States, in particular, as standing in rity from abroad come in the form of cause of our status as a world super- their way to do this, and they use ter- those who are here in some fashion who power, our economic success and our rorism as the means of trying to ac- should be deported and should not be military prowess, we have, in fact, accomplish their end and to drive us out allowed to hang around. quired adversaries throughout the of a region where we have an obligation I cannot overemphasize the impor- world. Whether we like it or not, we to be, where we have national security tance of this. must face the dark truth, that there interests that require our being there I also want to make one point; that I are those who wish us ill on not only in those regions of the world where am disappointed to compromise with our system of liberty, freedom and jus- they want to be dominant and where some who saw things of mischief in tice, but that of the American people. we have national security interests this bill that was not there that we had These groups or individuals can be that dictate preventing a Messianic to- taken out, and I did not get the oppor- highly structured or have more loose talitarian organizational scheme of tunity under the rule to offer an networks, but their aim is the same, to things from controlling the matters at amendment which would have handled disrupt our systems, thwart our demo- hand. They are, therefore, going to the problem with wiretapping that cratic policies. Unfortunately these continue to try to bring terrorism into really should not have the emotion it groups do not hold life in the same the United States. has today in this bill. The truth of the light as we do and are willing to use in- And that is why this legislation is so matter is that today we have an ability nocents to further their aims. darned important. It is absolutely infor our Federal Bureau of Investigation In this bill also is the effective death credibly important that we pass this to go to a judge to get a wiretapping penalty, and I think that is extremely bill today. order to tap a phone. We should be giv- important. We have individuals who I hope people understand what is ing him the power and the FBI the serve on death row for life. What an really in here. The guts of this bill power to go to the court and ask the oxymoron. I think that it is extremely have to do with cutting off their abil- judge permission to follow the bad guy, important that we also send a message ity to raise money in the United whoever he is, because we have port- that those that participate in acts of States, not just to raise it as in organi- able phones, we have cellular phones, terror, indiscriminate acts of cowardly zations, but to get material support for et cetera, and that is all that that provision that was taken out of this bill terror, should experience the death terrorists individually who may be in would have done. But it is out of the penalty. this country by giving them lodging, I know that there will be a great de- by giving them free rides to the air- bill, so those who are worried about bate here on the floor of what to take port, by providing them with explo- somehow undermining civil liberties from the bill and what to leave in the sives, or whatever else. We have cre- can rest assured that this bill does not do it. bill. Recognize that there is a process ated new crimes in here and new pun- But what is in this bill is very, very left here. I think that to my colleagues ishments in order to aid us in trying to important to fighting terrorism, and on both sides of the aisle it is impor- stop this kind of terrorist act coming from abroad into the United States. we need to pass the bill. tant to move this bill, and let us get it Mr. CONYERS. Mr. Chairman, I yield to conference. But the most extremely This is a terribly important bill. In addition to what it does in that re- the balance of my time to the gen- important is let us have a good, effec- tleman from New York [Mr. NADLER], a tive bill. If we absolutely live in fear, gard, this bill also contains three provisions from the Contract With Amer- cosponsor of the bill. then we have no freedom. So if we have The CHAIRMAN. The gentleman ica that are also critical: the death the World Trade Center bombing, and from New York is recognized for 11⁄4 penalty provision, the provision that we have it repeated, or the Oklahoma minutes. City bombing, and it is repeated, we says finally, after all these years, we (Mr. NADLER asked and was given are living in fear and, therefore, we are going to pass a law that ends the permission to revise and extend his re- really cannot enjoy freedom or liberty. seemingly endless appeals that death marks.) So when we as a people hold the row inmates have so that we can begin Mr. NADLER. Mr. Chairman, I am power and we then extend the Govern- to carry out their sentences much not going to go into how desperate the ment to insure that we protect our- sooner than we have been, not by end- situation is and how important it is selves, it is called national security. ing all right to appeal at all, but by that we pass a strong and tough We think of national security so often making the appeals responsible so that antiterrorism bill. I think everybody internationally, but it is also domestic. when they finish their ordinary appeals here agrees on that. The question is I compliment the chairman for this from their conviction they can only go what is an effective antiterrorism bill bill. into Federal court one time under rou- that will effectively fight terrorism Mr. HYDE. Mr. Chairman, I yield 4 tine circumstances and say, hey, I did without doing violence to the liberties minutes to the gentleman from Florida not get a lawyer who fairly represented of the American people. [Mr. MCCOLLUM]. me, or I did not get a proper jury being That is the question before us, and (Mr. MCCOLLUM asked and was picked, or there was something irregu- we do not have to make speeches about given permission to revise and extend lar. They can go in under what is how important a bill is. We know that; his remarks.) known as habeas corpus one time and we all know that. Let me simply sug- Mr. MCCOLLUM. I thank the gen- one time only, and that will be it, and gest, and I will have to speak later in tleman from Illinois [Mr. HYDE] for we will not have 15- and 20-year delays greater detail, that to have tough- yielding this time to me. of carrying out of the death penalty sounding provisions in a bill that are Mr. Chairman, Islamic fundamental- again, and we can put some deter- unconstitutional and, therefore, unen- ists are good people, by and large, but minate sentencing back into place and forceable gives us the illusion of being there is a radical group of them that send a message to criminals again that tough, but not the reality of doing any- control a country called Iran and con- when they do the crime, if it is bad thing about the problem, and that is trol a country called Sudan who have a enough, they are going to get the death one of the problems of the bill that we vision of the world that is quite dif- penalty. And we have victim restitu- solve in the Conyers-Nadler-Berman ferent from ours. They have a vision of tion from that Contract With America substitute. H2144 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Second, we will talk later about some SECTION 1. SHORT TITLE. TITLE IV—NUCLEAR MATERIALS of the real civil liberties problems. We This Act may be cited as the ‘‘Comprehen- Sec. 401. Expansion of nuclear materials cannot have a procedure for deporting sive Antiterrorism Act of 1995’’. prohibitions. aliens who are allegedly terrorists SEC. 2. TABLE OF CONTENTS. TITLE V—CONVENTION ON THE MARKING where they have no opportunity to The table of contents for this Act is as fol- OF PLASTIC EXPLOSIVES lows: cross-examine their accusers, no oppor- Sec. 501. Definitions. Sec. 1. Short title. Sec. 502. Requirement of detection agents tunity to see the evidence against Sec. 2. Table of contents. them, no opportunity even to know the for plastic explosives. TITLE I—CRIMINAL ACTS specific charges, and that is possible Sec. 503. Criminal sanctions. under this bill, and that provision is re- Sec. 101. Protection of Federal employees. Sec. 504. Exceptions. Sec. 102. Prohibiting material support to Sec. 505. Effective date. written to provide basic due process in terrorist organizations. TITLE VI—IMMIGRATION-RELATED the substitute that we will be talking Sec. 103. Modification of material support PROVISIONS about later. provision. Subtitle A—Removal of Alien Terrorists Mr. GILMAN. Mr. Chairman, I rise to offer Sec. 104. Acts of terrorism transcending na- PART 1—REMOVAL PROCEDURES FOR ALIEN my support to Chairman HYDE for his work in tional boundaries. the area of antiterrorism. It has been 1 year Sec. 105. Conspiracy to harm people and TERRORISTS since the bombing attack in Oklahoma and property overseas. Sec. 601. Removal procedures for alien ter- Sec. 106. Clarification and extension of rorists. over 2 years since the bombing of the World criminal jurisdiction over cer- Sec. 602. Funding for detention and removal Trade Center in New York. In an effort to help tain terrorism offenses over- of alien terrorists. protect against such events from happening seas. PART 2—EXCLUSION AND DENIAL OF ASYLUM again, we have before us today a measure Sec. 107. Expansion and modification of FOR ALIEN TERRORISTS weapons of mass destruction that will ensure the protection of both our Na- Sec. 611. Membership in terrorist organization's citizens and its borders. statute. Sec. 108. Addition of offenses to the money tion as ground for exclusion. Included in H.R. 2703 are many important Sec. 612. Denial of asylum to alien terror- provisions aimed at combating terrorism here laundering statute. Sec. 109. Expansion of Federal jurisdiction ists. at home and around the world. First is a provi- over bomb threats. Sec. 613. Denial of other relief for alien ter- sion establishing criminal asset forfeiture au- Sec. 110. Clarification of maritime violence rorists. thority for visa and passport offenses. This ini- jurisdiction. Subtitle B—Expedited Exclusion tiative comes about after the revelation that 9 Sec. 111. Possession of stolen explosives pro- Sec. 621. Inspection and exclusion by immi- of 35 Federal indictment counts in the World hibited. gration officers. Trade Center bombing were for visa and pass- Sec. 112. Study to determine standards for Sec. 622. Judicial review. determining what ammunition Sec. 623. Exclusion of aliens who have not port fraud, with the criminal penalties no more is capable of penetrating police than a mere slap on the wrist. Initially we been inspected and admitted. body armor. Subtitle C—Improved Information and changed this in the 103d Congress. This is the TITLE II—INCREASED PENALTIES next logical step. Processing Sec. 201. Mandatory minimum for certain PART 1—IMMIGRATION PROCEDURES Second is waiver authority of written notice explosives offenses. Sec. 631. Access to certain confidential INS based upon denial of certain visa applications, Sec. 202. Increased penalty for explosive files through court order. allowing the FBI, DEA, and other law enforce- conspiracies. ment and intelligence agencies to share data Sec. 203. Increased and alternate conspiracy Sec. 632. Waiver authority concerning notice penalties for terrorism offenses. of denial of application for with the State Department for visa denial pur- visas. poses, without disclosure to alien applicants Sec. 204. Mandatory penalty for transferring PART 2—ASSET FORFEITURE FOR PASSPORT who have no right to enter the United States. a firearm knowing that it will be used to commit a crime of AND VISA OFFENSES It will also encourage greater information shar- violence. Sec. 641. Criminal forfeiture for passport and ing. Sec. 205. Mandatory penalty for transferring visa related offenses. Third is an expansion of nuclear material an explosive material knowing Sec. 642. Subpoenas for bank records. prohibitions to cover nuclear material no one that it will be used to commit a Sec. 643. Effective date. had ever envisioned would be in commerce crime of violence. Subtitle D—Employee Verification by before the fall of the Soviet Union, which is Sec. 206. Directions to Sentencing Commis- Security Services Companies sion. very similar to provisions in a bill I introduced Sec. 651. Permitting security services com- TITLE III—INVESTIGATIVE TOOLS at the beginning of the 103d Congress. Fi- panies to request additional nally, the bill will allow the FBI to conduct po- Sec. 301. Pen registers and trap and trace de- documentation. vices in foreign counterintel- lice training in the former Soviet Union and Subtitle E—Criminal Alien Deportation ligence investigations. abroad. Improvements It is imperative that Congress do all it can Sec. 302. Disclosure of certain consumer reports to the Federal Bureau of Sec. 661. Short title. to combat terrorist attacks, both overseas and Investigation. Sec. 662. Additional expansion of definition here at home. Some may argue that we can Sec. 303. Disclosure of business records held of aggravated felony. approve a better bill than H.R. 2703. However, by third parties in foreign Sec. 663. Deportation procedures for certain as a member who represents families that lost counterintelligence cases. criminal aliens who are not per- relatives with the tragic Pan Am 103 bombing, Sec. 304. Study of tagging explosive mate- manent residents. and as chairman of the International Relations rials, detection of explosives Sec. 664. Restricting the defense to exclusion based on 7 years perma- Committee, I am confident that the bill we con- and explosive materials, rendering explosive components inert, nent residence for certain sider today will provide adequate tools to as- and imposing controls of pre- criminal aliens. sist our law enforcement community in com- cursors of explosives. Sec. 665. Limitation on collateral attacks on bating terrorism and will not infringe upon our Sec. 305. Application of statutory exclusion- underlying deportation order. constitutional rights. ary rule concerning intercepted Sec. 666. Criminal alien identification sys- Accordingly, I urge my colleagues to support wire or oral communications. tem. this measure. Sec. 306. Exclusion of certain types of infor- Sec. 667. Establishing certain alien smuggling-related crimes as RICO- b mation from wiretap-related 1330 definitions. predicate offenses. The CHAIRMAN. All time for general Sec. 307. Access to telephone billing records. Sec. 668. Authority for alien smuggling in- debate has expired. Sec. 308. Requirement to preserve record vestigations. Pursuant to the rule, the bill is con- evidence. Sec. 669. Expansion of criteria for deporta- sidered as read for amendment under Sec. 309. Detention hearing. tion for crimes of moral turpi- Sec. 310. Reward authority of the Attorney tude. the 5-minute rule. General. Sec. 670. Payments to political subdivisions The text of H.R. 2703 is as follows: Sec. 311. Protection of Federal Government for costs of incarcerating ille- H.R. 2703 buildings in the District of Co- gal aliens. Be it enacted by the Senate and House of Rep- lumbia. Sec. 671. Miscellaneous provisions. resentatives of the United States of America in Sec. 312. Study of thefts from armories; re- Sec. 672. Construction of expedited deporta- Congress assembled, port to the Congress. tion requirements. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2145 Sec. 673. Study of prisoner transfer treaty rorism is amended by adding at the end the ‘‘(1) any of the offenders travels in, or uses with Mexico. following: the mail or any facility of, interstate or for- Sec. 674. Justice Department assistance in ‘‘§ 2339B. Providing material support to ter- eign commerce in furtherance of the offense bringing to justice aliens who rorist organizations or to escape apprehension after the commis- flee prosecution for crimes in ‘‘(a) OFFENSE.—Whoever, within the United sion of the offense; the United States. States, knowingly provides material support ‘‘(2) the offense obstructs, delays, or affects Sec. 675. Prisoner transfer treaties. or resources in or affecting interstate or for- interstate or foreign commerce, or would Sec. 676. Interior repatriation program. eign commerce, to any organization which have so obstructed, delayed, or affected Sec. 677. Deportation of nonviolent offenders the person knows or should have known is a interstate or foreign commerce if the offense prior to completion of sentence terrorist organization that has been des- had been consummated; of imprisonment. ignated under section 212(a)(3)(B)(iv) of the ‘‘(3) the victim, or intended victim, is the TITLE VII—AUTHORIZATION AND Immigration and Nationality Act as a ter- United States Government, a member of the FUNDING rorist organization shall be fined under this uniformed services, or any official, officer, Sec. 701. Firefighter and emergency services title or imprisoned not more than 10 years, employee, or agent of the legislative, execu- training. or both. tive, or judicial branches, or of any depart- Sec. 702. Assistance to foreign countries to ‘‘(b) DEFINITION.—As used in this section, ment or agency, of the United States; procure explosive detection de- the term ‘material support or resources’ has ‘‘(4) the structure, conveyance, or other vices and other counter-terror- the meaning given that term in section 2339A real or personal property is, in whole or in ism technology. of this title.’’. part, owned, possessed, used by, or leased to Sec. 703. Research and development to sup- (b) CLERICAL AMENDMENT.—The table of the United States, or any department or port counter-terrorism tech- sections at the beginning of chapter 113B of agency thereof; nologies. title 18, United States Code, is amended by ‘‘(5) the offense is committed in the terri- adding at the end the following new item: TITLE VIII—MISCELLANEOUS torial sea (including the airspace above and ‘‘2339B. Providing material support to terror- the seabed and subsoil below, and artificial Sec. 801. Study of State licensing require- ist organizations.’’. islands and fixed structures erected thereon) ments for the purchase and use SEC. 103. MODIFICATION OF MATERIAL SUPPORT of the United States; or of high explosives. PROVISION. ‘‘(6) the offense is committed in those Sec. 802. Compensation of victims of terror- Section 2339A of title 18, United States places within the United States that are in ism. Code, is amended read as follows: Sec. 803. Jurisdiction for lawsuits against the special maritime and territorial jurisdic- ‘‘§ 2339A. Providing material support to ter- terrorist States. tion of the United States. rorists Sec. 804. Study of publicly available instruc- Jurisdiction shall exist over all principals tional material on the making ‘‘(a) OFFENSE.—Whoever, within the United and co-conspirators of an offense under this of bombs, destructive devices, States, provides material support or re- section, and accessories after the fact to any and weapons of mass destruc- sources or conceals or disguises the nature, offense under this section, if at least one of location, source, or ownership of material tion. such circumstances is applicable to at least Sec. 805. Compilation of statistics relating support or resources, knowing or intending one offender. that they are to be used in preparation for or to intimidation of Government ‘‘(c) PENALTIES.— in carrying out, a violation of section 32, 37, employees. ‘‘(1) Whoever violates this section shall be 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361, 1363, Sec. 806. Victim Restitution Act of 1995. punished— 1751, 2280, 2281, 2332, 2332a, or 2332b of this TITLE IX—HABEAS CORPUS REFORM ‘‘(A) for a killing or if death results to any title or section 46502 of title 49, or in prepa- person from any other conduct prohibited by Sec. 901. Filing deadlines. ration for or in carrying out the conceal- this section by death, or by imprisonment Sec. 902. Appeal. ment or an escape from the commission of Sec. 903. Amendment of Federal rules of ap- for any term of years or for life; any such violation, shall be fined under this ‘‘(B) for kidnapping, by imprisonment for pellate procedure. title, imprisoned not more than ten years, or Sec. 904. Section 2254 amendments. any term of years or for life; both. ‘‘(C) for maiming, by imprisonment for not Sec. 905. Section 2255 amendments. ‘‘(b) DEFINITION.—In this section, the term more than 35 years; Sec. 906. Limits on second or successive ap- ‘material support or resources’ means cur- ‘‘(D) for assault with a dangerous weapon plications. rency or other financial securities, financial Sec. 907. Death penalty litigation proce- services, lodging, training, safehouses, false or assault resulting in serious bodily injury, dures. documentation or identification, commu- by imprisonment for not more than 30 years; Sec. 908. Technical amendment. nications equipment, facilities, weapons, le- ‘‘(E) for destroying or damaging any struc- Sec. 909. Severability. thal substances, explosives, personnel, trans- ture, conveyance, or other real or personal TITLE I—CRIMINAL ACTS portation, and other physical assets, except property, by imprisonment for not more than 25 years; SEC. 101. PROTECTION OF FEDERAL EMPLOYEES. medicine or religious materials.’’. SEC. 104. ACTS OF TERRORISM TRANSCENDING ‘‘(F) for attempting or conspiring to com- (a) HOMICIDE.—Section 1114 of title 18, mit an offense, for any term of years up to United States Code, is amended to read as NATIONAL BOUNDARIES. (a) OFFENSE.—Title 18, United States Code, the maximum punishment that would have follows: is amended by inserting after section 2332a applied had the offense been completed; and ‘‘§ 1114. Protection of officers and employees the following: ‘‘(G) for threatening to commit an offense of the United States ‘‘§ 2332b. Acts of terrorism transcending na- under this section, by imprisonment for not ‘‘Whoever kills or attempts to kill any of- tional boundaries more than 10 years. ‘‘(2) Notwithstanding any other provision ficer or employee of the United States or of ‘‘(a) PROHIBITED ACTS.— any agency in any branch of the United ‘‘(1) Whoever, involving any conduct tran- of law, the court shall not place on probation States Government (including any member scending national boundaries and in a cir- any person convicted of a violation of this of the uniformed services) while such officer cumstance described in subsection (b)— section; nor shall the term of imprisonment or employee is engaged in or on account of ‘‘(A) kills, kidnaps, maims, commits an as- imposed under this section run concurrently the performance of official duties, or any sault resulting in serious bodily injury, or with any other term of imprisonment. person assisting such an officer or employee assaults with a dangerous weapon any indi- ‘‘(d) LIMITATION ON PROSECUTION.—No in- in the performance of such duties or on ac- vidual within the United States; or dictment shall be sought nor any informa- count of that assistance, shall be punished, ‘‘(B) creates a substantial risk of serious tion filed for any offense described in this in the case of murder, as provided under sec- bodily injury to any other person by destroy- section until the Attorney General, or the tion 1111, or in the case of manslaughter, as ing or damaging any structure, conveyance, highest ranking subordinate of the Attorney provided under section 1112, or, in the case of or other real or personal property within the General with responsibility for criminal attempted murder or manslaughter, as pro- United States or by attempting or conspiring prosecutions, makes a written certification vided in section 1113.’’. to destroy or damage any structure, convey- that, in the judgment of the certifying offi- (b) THREATS AGAINST FORMER OFFICERS ance, or other real or personal property cial, such offense, or any activity pre- AND EMPLOYEES.—Section 115(a)(2) of title 18, within the United States; paratory to or meant to conceal its commis- United States Code, is amended by inserting in violation of the laws of any State or the sion, is a Federal crime of terrorism. ‘‘, or threatens to assault, kidnap, or murder, United States shall be punished as prescribed ‘‘(e) PROOF REQUIREMENTS.— any person who formerly served as a person in subsection (c). ‘‘(1) The prosecution is not required to designated in paragraph (1), or’’ after ‘‘as- ‘‘(2) Whoever threatens to commit an of- prove knowledge by any defendant of a juris- saults, kidnaps, or murders, or attempts to fense under paragraph (1), or attempts or dictional base alleged in the indictment. kidnap or murder’’. conspires to do so, shall be punished as pre- ‘‘(2) In a prosecution under this section SEC. 102. PROHIBITING MATERIAL SUPPORT TO scribed in subsection (c). that is based upon the adoption of State law, TERRORIST ORGANIZATIONS. ‘‘(b) JURISDICTIONAL BASES.—The cir- only the elements of the offense under State (a) IN GENERAL.—That chapter 113B of title cumstances referred to in subsection (a) law, and not any provisions pertaining to 18, United States Code, that relates to ter- are— criminal procedure or evidence, are adopted. H2146 CONGRESSIONAL RECORD — HOUSE March 13, 1996

‘‘(f) EXTRATERRITORIAL JURISDICTION.— tigative responsibility for all Federal crimes SEC. 106. CLARIFICATION AND EXTENSION OF There is extraterritorial Federal jurisdic- of terrorism, and the Secretary of the Treas- CRIMINAL JURISDICTION OVER CER- tion— ury shall assist the Attorney General at the TAIN TERRORISM OFFENSES OVER- ‘‘(1) over any offense under subsection (a), request of the Attorney General.’’. SEAS. including any threat, attempt, or conspiracy (a) AIRCRAFT PIRACY.—Section 46502(b) of (b) CLERICAL AMENDMENT.—The table of title 49, United States Code, is amended— to commit such offense; and sections at the beginning of the chapter 113B ‘‘(2) over conduct which, under section 3 of (1) in paragraph (1), by striking ‘‘and later of title 18, United States Code, that relates found in the United States’’; this title, renders any person an accessory to terrorism is amended by inserting after after the fact to an offense under subsection (2) so that paragraph (2) reads as follows: the item relating to section 2332a the follow- ‘‘(2) There is jurisdiction over the offense (a). ing new item: ‘‘(g) DEFINITIONS.—As used in this section— in paragraph (1) if— ‘‘(1) the term ‘conduct transcending na- ‘‘2332b. Acts of terrorism transcending na- ‘‘(A) a national of the United States was tional boundaries’ means conduct occurring tional boundaries.’’. aboard the aircraft; ‘‘(B) an offender is a national of the United outside the United States in addition to the (c) STATUTE OF LIMITATIONS AMENDMENT.— States; or conduct occurring in the United States; Section 3286 of title 18, United States Code, ‘‘(C) an offender is afterwards found in the ‘‘(2) the term ‘facility of interstate or for- is amended by— United States.’’; and eign commerce’ has the meaning given that (1) striking ‘‘any offense’’ and inserting (3) by inserting after paragraph (2) the fol- term in section 1958(b)(2) of this title; ‘‘any non-capital offense’’; lowing: ‘‘(3) the term ‘serious bodily injury’ has (2) striking ‘‘36’’ and inserting ‘‘37’’; ‘‘(3) For purposes of this subsection, the the meaning prescribed in section 1365(g)(3) (3) striking ‘‘2331’’ and inserting ‘‘2332’’; term ‘national of the United States’ has the of this title; (4) striking ‘‘2339’’ and inserting ‘‘2332a’’; meaning prescribed in section 101(a)(22) of ‘‘(4) the term ‘territorial sea of the United and the Immigration and Nationality Act (8 States’ means all waters extending seaward (5) inserting ‘‘2332b (acts of terrorism tran- U.S.C. 1101(a)(22)).’’. to 12 nautical miles from the baselines of the scending national boundaries),’’ after ‘‘(use (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT United States determined in accordance with of weapons of mass destruction),’’. international law; and FACILITIES.—Section 32(b) of title 18, United (d) PRESUMPTIVE DETENTION.—Section ‘‘(5) the term ‘Federal crime of terrorism’ States Code, is amended— 3142(e) of title 18, United States Code, is means an offense that— (1) by striking ‘‘, if the offender is later amended by inserting ‘‘, 956(a), or 2332b’’ ‘‘(A) is calculated to influence or affect the found in the United States,’’; and conduct of government by intimidation or after ‘‘section 924(c)’’. (2) by inserting at the end the following: coercion, or to retaliate against government (e) CONFORMING AMENDMENT.—Section 846 ‘‘There is jurisdiction over an offense under conduct; and of title 18, United States Code, is amended by this subsection if a national of the United ‘‘(B) is a violation of— striking ‘‘In addition to any other’’ and all States was on board, or would have been on ‘‘(i) section 32 (relating to destruction of that follows through the end of the section. board, the aircraft; an offender is a national aircraft or aircraft facilities), 37 (relating to SEC. 105. CONSPIRACY TO HARM PEOPLE AND of the United States; or an offender is after- violence at international airports), 81 (relat- PROPERTY OVERSEAS. wards found in the United States. For pur- ing to arson within special maritime and ter- (a) IN GENERAL.—Section 956 of chapter 45 poses of this subsection, the term ‘national ritorial jurisdiction), 175 (relating to biologi- of title 18, United States Code, is amended to of the United States’ has the meaning pre- cal weapons), 351 (relating to congressional, read as follows: scribed in section 101(a)(22) of the Immigra- cabinet, and Supreme Court assassination, tion and Nationality Act.’’. kidnapping, and assault), 831 (relating to nu- ‘‘§ 956. Conspiracy to kill, kidnap, maim, or (c) MURDER OF FOREIGN OFFICIALS AND CER- clear weapons), 842(m) or (n) (relating to injure persons or damage property in a for- TAIN OTHER PERSONS.—Section 1116 of title plastic explosives), 844(e) (relating to certain eign country 18, United States Code, is amended— bombings), 844(f) or (i) (relating to arson and ‘‘(a)(1) Whoever, within the jurisdiction of (1) in subsection (b), by adding at the end bombing of certain property), 956 (relating to the United States, conspires with one or the following: conspiracy to commit violent acts in foreign more other persons, regardless of where such ‘‘(7) ‘National of the United States’ has the countries), 1114 (relating to protection of of- other person or persons are located, to com- meaning prescribed in section 101(a)(22) of ficers and employees of the United States), mit at any place outside the United States the Immigration and Nationality Act (8 1116 (relating to murder or manslaughter of an act that would constitute the offense of U.S.C. 1101(a)(22)).’’; and foreign officials, official guests, or inter- murder, kidnapping, or maiming if commit- (2) in subsection (c), by striking the first nationally protected persons), 1203 (relating ted in the special maritime and territorial sentence and inserting the following: ‘‘If the to hostage taking), 1361 (relating to injury of jurisdiction of the United States shall, if any victim of an offense under subsection (a) is Government property), 1362 (relating to de- of the conspirators commits an act within an internationally protected person outside struction of communication lines), 1363 (re- the jurisdiction of the United States to ef- the United States, the United States may ex- lating to injury to buildings or property fect any object of the conspiracy, be pun- ercise jurisdiction over the offense if (1) the within special maritime and territorial juris- ished as provided in subsection (a)(2). victim is a representative, officer, employee, diction of the United States), 1366 (relating ‘‘(2) The punishment for an offense under or agent of the United States, (2) an offender to destruction of energy facility), 1751 (relat- subsection (a)(1) of this section is— is a national of the United States, or (3) an ing to Presidential and Presidential staff as- ‘‘(A) imprisonment for any term of years offender is afterwards found in the United sassination, kidnapping, and assault), 2152 or for life if the offense is conspiracy to mur- States.’’. (relating to injury of harbor defenses), 2155 der or kidnap; and (d) PROTECTION OF FOREIGN OFFICIALS AND (relating to destruction of national defense ‘‘(B) imprisonment for not more than 35 CERTAIN OTHER PERSONS.—Section 112 of materials, premises, or utilities), 2156 (relat- years if the offense is conspiracy to maim. title 18, United States Code, is amended— ing to production of defective national de- ‘‘(b) Whoever, within the jurisdiction of (1) in subsection (c), by inserting ‘‘ ‘na- fense materials, premises, or utilities), 2280 the United States, conspires with one or tional of the United States’,’’ before ‘‘and’’; (relating to violence against maritime navi- more persons, regardless of where such other and gation), 2281 (relating to violence against person or persons are located, to damage or (2) in subsection (e), by striking the first maritime fixed platforms), 2332 (relating to destroy specific property situated within a sentence and inserting the following: ‘‘If the certain homicides and violence outside the foreign country and belonging to a foreign victim of an offense under subsection (a) is United States), 2332a (relating to use of government or to any political subdivision an internationally protected person outside weapons of mass destruction), 2332b (relating thereof with which the United States is at the United States, the United States may ex- to acts of terrorism transcending national peace, or any railroad, canal, bridge, airport, ercise jurisdiction over the offense if (1) the boundaries), 2339A (relating to providing ma- airfield, or other public utility, public con- victim is a representative, officer, employee, terial support to terrorists), 2339B (relating veyance, or public structure, or any reli- or agent of the United States, (2) an offender to providing material support to terrorist or- gious, educational, or cultural property so is a national of the United States, or (3) an ganizations), or 2340A (relating to torture) of situated, shall, if any of the conspirators offender is afterwards found in the United this title; commits an act within the jurisdiction of the States.’’. (e) THREATS AND EXTORTION AGAINST FOR- ‘‘(ii) section 236 (relating to sabotage of nu- United States to effect any object of the con- EIGN OFFICIALS AND CERTAIN OTHER PER- clear facilities or fuel) of the Atomic Energy spiracy, be imprisoned not more than 25 SONS.—Section 878 of title 18, United States Act of 1954; or years.’’. ‘‘(iii) section 46502 (relating to aircraft pi- Code, is amended— (b) CLERICAL AMENDMENT.—The item relat- (1) in subsection (c), by inserting ‘‘ ‘na- racy), or 60123(b) (relating to destruction of ing to section 956 in the table of sections at interstate gas or hazardous liquid pipeline tional of the United States’,’’ before ‘‘and’’; the beginning of chapter 45 of title 18, United and facility) of title 49. States Code, is amended to read as follows: ‘‘(h) INVESTIGATIVE AUTHORITY.—In addi- (2) in subsection (d), by striking the first tion to any other investigatory authority ‘‘956. Conspiracy to kill, kidnap, maim, or in- sentence and inserting the following: ‘‘If the with respect to violations of this title, the jure persons or damage prop- victim of an offense under subsection (a) is Attorney General shall have primary inves- erty in a foreign country.’’. an internationally protected person outside March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2147 the United States, the United States may ex- term of years or for life, and if death results, (2) in clause (iii), by striking ‘‘the activity ercise jurisdiction over the offense if (1) the shall be punished by death, or by imprison- takes place on a ship flying the flag of a for- victim is a representative, officer, employee, ment for any term of years or for life.’’. eign country or outside the United States,’’. or agent of the United States, (2) an offender SEC. 108. ADDITION OF OFFENSES TO THE SEC. 111. POSSESSION OF STOLEN EXPLOSIVES is a national of the United States, or (3) an MONEY LAUNDERING STATUTE. PROHIBITED. offender is afterwards found in the United (a) MURDER AND DESTRUCTION OF PROP- Section 842(h) of title 18, United States States.’’. ERTY.—Section 1956(c)(7)(B)(ii) of title 18, Code, is amended to read as follows: (f) KIDNAPPING OF INTERNATIONALLY PRO- United States Code, is amended by striking ‘‘(h) It shall be unlawful for any person to TECTED PERSONS.—Section 1201(e) of title 18, ‘‘or extortion;’’ and inserting ‘‘extortion, receive, possess, transport, ship, conceal, United States Code, is amended— murder, or destruction of property by means store, barter, sell, dispose of, or pledge or ac- (1) by striking the first sentence and in- of explosive or fire;’’. cept as security for a loan, any stolen explo- serting the following: ‘‘If the victim of an of- (b) SPECIFIC OFFENSES.—Section sive materials which are moving as, which fense under subsection (a) is an internation- 1956(c)(7)(D) of title 18, United States Code, is are part of, which constitute, or which have ally protected person outside the United amended— been shipped or transported in, interstate or States, the United States may exercise juris- (1) by inserting after ‘‘an offense under’’ foreign commerce, either before or after such diction over the offense if (1) the victim is a the following: ‘‘section 32 (relating to the de- materials were stolen, knowing or having representative, officer, employee, or agent of struction of aircraft), section 37 (relating to reasonable cause to believe that the explo- the United States, (2) an offender is a na- violence at international airports), section sive materials were stolen.’’. tional of the United States, or (3) an offender 115 (relating to influencing, impeding, or reis afterwards found in the United States.’’; SEC. 112. STUDY TO DETERMINE STANDARDS FOR taliating against a Federal official by DETERMINING WHAT AMMUNITION and threatening or injuring a family member),’’; IS CAPABLE OF PENETRATING PO- (2) by adding at the end the following: ‘‘For (2) by inserting after ‘‘section 215 (relating LICE BODY ARMOR. purposes of this subsection, the term ‘na- to commissions or gifts for procuring The National Institute of Justice is ditional of the United States’ has the meaning loans),’’ the following: ‘‘section 351 (relating rected to perform a study of, and to rec- prescribed in section 101(a)(22) of the Immi- to Congressional or Cabinet officer assas- ommend to Congress, a methodology for de- gration and Nationality Act (8 U.S.C. sination),’’; termining what ammunition, designed for 1101(a)(22)).’’. (3) by inserting after ‘‘section 793, 794, or handguns, is capable of penetrating police (g) VIOLENCE AT INTERNATIONAL AIR- 798 (relating to espionage),’’ the following: body armor. Not later than 6 months after PORTS.—Section 37(b)(2) of title 18, United ‘‘section 831 (relating to prohibited trans- the date of the enactment of this Act, the States Code, is amended— actions involving nuclear materials), section National Institute of Justice shall report to (1) by inserting ‘‘(A)’’ before ‘‘the offender 844 (f) or (i) (relating to destruction by explo- Congress the results of such study and such is later found in the United States’’; and sives or fire of Government property or prop- recommendations. (2) by inserting ‘‘; or (B) an offender or a erty affecting interstate or foreign com- TITLE II—INCREASED PENALTIES victim is a national of the United States (as merce),’’; defined in section 101(a)(22) of the Immigra- (4) by inserting after ‘‘section 875 (relating SEC. 201. MANDATORY MINIMUM FOR CERTAIN tion and Nationality Act (8 U.S.C. to interstate communications),’’ the follow- EXPLOSIVES OFFENSES. 1101(a)(22)))’’ after ‘‘the offender is later ing: ‘‘section 956 (relating to conspiracy to (a) INCREASED PENALTIES FOR DAMAGING found in the United States’’. kill, kidnap, maim, or injure certain prop- CERTAIN PROPERTY.—Section 844(f) of title 18, (h) BIOLOGICAL WEAPONS.—Section 178 of erty in a foreign country),’’; United States Code, is amended to read as title 18, United States Code, is amended— (5) by inserting after ‘‘1032 (relating to con- follows: (1) by striking ‘‘and’’ at the end of para- cealment of assets from conservator, re- ‘‘(f) Whoever damages or destroys, or at- graph (3); ceiver, or liquidating agent of financial in- tempts to damage or destroy, by means of (2) by striking the period at the end of stitution),’’ the following: ‘‘section 1111 (re- fire or an explosive, any personal or real paragraph (4) and inserting ‘‘; and’’; and lating to murder), section 1114 (relating to property in whole or in part owned, pos- (3) by adding the following at the end: protection of officers and employees of the sessed, or used by, or leased to, the United ‘‘(5) the term ‘national of the United United States), section 1116 (relating to mur- States, or any department or agency thereof, States’ has the meaning prescribed in sec- der of foreign officials, official guests, or or any institution or organization receiving tion 101(a)(22) of the Immigration and Na- internationally protected persons),’’; Federal financial assistance shall be fined tionality Act (8 U.S.C. 1101(a)(22)).’’. (6) by inserting after ‘‘section 1203 (relat- under this title or imprisoned for not more SEC. 107. EXPANSION AND MODIFICATION OF ing to hostage taking),’’ the following: ‘‘sec- than 25 years, or both, but— WEAPONS OF MASS DESTRUCTION tion 1361 (relating to willful injury of Gov- ‘‘(1) if personal injury results to any person STATUTE. other than the offender, the term of impris- Section 2332a of title 18, United States ernment property), section 1363 (relating to destruction of property within the special onment shall be not more than 40 years; Code, is amended— ‘‘(2) if fire or an explosive is used and its (1) in subsection (a)— maritime and territorial jurisdiction),’’; (7) by inserting after ‘‘section 1708 (theft use creates a substantial risk of serious bod- (A) by inserting ‘‘AGAINST A NATIONAL OR ily injury to any person other than the of- WITHIN THE UNITED STATES’’ after ‘‘OF- from the mail),’’ the following: ‘‘section 1751 (relating to Presidential assassination),’’; fender, the term of imprisonment shall not FENSE’’; be less than 20 years; and (B) by inserting ‘‘, without lawful author- (8) by inserting after ‘‘2114 (relating to bank and postal robbery and theft),’’ the fol- ‘‘(3) if death results to any person other ity’’ after ‘‘A person who’’; than the offender, the offender shall be sub- (C) by inserting ‘‘threatens,’’ before ‘‘at- lowing: ‘‘section 2280 (relating to violence against maritime navigation), section 2281 ject to the death penalty or imprisonment tempts or conspires to use, a weapon of mass for any term of years not less than 30, or for destruction’’; and (relating to violence against maritime fixed platforms),’’; and life.’’. (D) by inserting ‘‘and the results of such (b) CONFORMING AMENDMENT.—Section 81 of use affect interstate or foreign commerce or, (9) by striking ‘‘of this title’’ and inserting the following: ‘‘section 2332 (relating to ter- title 18, United States Code, is amended by in the case of a threat, attempt, or conspir- striking ‘‘fined under this title or imprisoned acy, would have affected interstate or for- rorist acts abroad against United States nationals), section 2332a (relating to use of not more than five years, or both’’ and in- eign commerce’’ before the semicolon at the serting ‘‘imprisoned not more than 25 years end of paragraph (2); weapons of mass destruction), section 2332b (relating to international terrorist acts tran- or fined the greater of the fine under this (2) in subsection (b)(2)(A), by striking ‘‘sec- title or the cost of repairing or replacing any tion 921’’ and inserting ‘‘section 921(a)(4) scending national boundaries), section 2339A (relating to providing material support to property that is damaged or destroyed, or (other than subparagraphs (B) and (C))’’; both’’. (3) in subsection (b), so that subparagraph terrorists) of this title, section 46502 of title 49, United States Code’’. (c) STATUTE OF LIMITATION FOR ARSON OF- (B) of paragraph (2) reads as follows: FENSES.— SEC. 109. EXPANSION OF FEDERAL JURISDIC- ‘‘(B) any weapon that is designed to cause (1) Chapter 213 of title 18, United States death or serious bodily injury through the TION OVER BOMB THREATS. Section 844(e) of title 18, United States Code, is amended by adding at the end the release, dissemination, or impact of toxic or following: poisonous chemicals, or their precursors;’’; Code, is amended by striking ‘‘commerce,’’ (4) by redesignating subsection (b) as sub- and inserting ‘‘interstate or foreign com- ‘‘§ 3295. Arson offenses section (c); and merce, or in or affecting interstate or foreign ‘‘No person shall be prosecuted, tried, or (5) by inserting after subsection (a) the fol- commerce,’’. punished for any non-capital offense under lowing new subsection: SEC. 110. CLARIFICATION OF MARITIME VIO- section 81 or subsection (f), (h), or (i) of sec- ‘‘(b) OFFENSE BY NATIONAL OUTSIDE THE LENCE JURISDICTION. tion 844 of this title unless the indictment is UNITED STATES.—Any national of the United Section 2280(b)(1)(A) of title 18, United found or the information is instituted within States who, without lawful authority and States Code, is amended— 7 years after the date on which the offense outside the United States, uses, or threatens, (1) in clause (ii), by striking ‘‘and the ac- was committed.’’. attempts, or conspires to use, a weapon of tivity is not prohibited as a crime by the (2) The table of sections at the beginning of mass destruction shall be imprisoned for any State in which the activity takes place’’; and chapter 213 of title 18, United States Code, is H2148 CONGRESSIONAL RECORD — HOUSE March 13, 1996 amended by adding at the end the following under that section had not expired, amend ‘‘(A) such information is necessary to the new item: the sentencing guidelines so that the chapter conduct of an authorized foreign counter- ‘‘3295. Arson offenses.’’. 3 adjustment relating to international terintelligence investigation; and rorism only applies to Federal crimes of ter- ‘‘(B) there is information giving reason to (3) Section 844(i) of title 18, United States rorism, as defined in section 2332b(g) of title believe that the consumer has been, or is, in Code, is amended by striking the last sen- 18, United States Code. contact with a foreign power or an agent of tence. TITLE III—INVESTIGATIVE TOOLS a foreign power (as defined in section 101 of SEC. 202. INCREASED PENALTY FOR EXPLOSIVE the Foreign Intelligence Surveillance Act of CONSPIRACIES. SEC. 301. PEN REGISTERS AND TRAP AND TRACE 1978). Section 844 of title 18, United States Code, DEVICES IN FOREIGN COUNTER- ‘‘(2) An order issued under this subsection is amended by adding at the end the follow- INTELLIGENCE INVESTIGATIONS. (a) APPLICATION.—Section 3122(b)(2) of title shall not disclose that it is issued for pur- ing: 18, United States Code, is amended by insert- poses of a counterintelligence investigation. ‘‘(n) Except as otherwise provided in this ing ‘‘or foreign counterintelligence’’ after ‘‘(c) COURT ORDER FOR DISCLOSURE OF section, a person who conspires to commit ‘‘criminal’’. CONSUMER REPORTS.—(1) Notwithstanding any offense defined in this chapter shall be (b) ORDER.— section 604 or any other provision of this subject to the same penalties (other than the (1) Section 3123(a) of title 18, United States title, if requested in writing by the Director penalty of death) as those prescribed for the Code, is amended by inserting ‘‘or foreign of the Federal Bureau of Investigation (or offense the commission of which was the ob- counterintelligence’’ after ‘‘criminal’’. the Director’s designee, whose rank shall be ject of the conspiracy.’’. (2) Section 3123(b)(1) of title 18, United no lower than Assistant Special Agent in SEC. 203. INCREASED AND ALTERNATE CONSPIR- States Code, is amended in subparagraph (B), Charge), a court may issue an order ex parte ACY PENALTIES FOR TERRORISM by striking ‘‘criminal’’. OFFENSES. directing a consumer reporting agency to SEC. 302. DISCLOSURE OF CERTAIN CONSUMER furnish a consumer report to the Federal Bu- (a) TITLE 18 OFFENSES.— REPORTS TO THE FEDERAL BUREAU reau of Investigation, after the court or mag- (1) Sections 32(a)(7), 32(b)(4), 37(a), OF INVESTIGATION. 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), istrate finds, in a proceeding in camera, (a) IN GENERAL.—The Fair Credit Report- that— and 2281(a)(1)(F) of title 18, United States ing Act (15 U.S.C. 1681 et seq.) is amended by Code, are each amended by inserting ‘‘or con- ‘‘(A) the consumer report is necessary for adding after section 623 the following: the conduct of an authorized foreign coun- spires’’ after ‘‘attempts’’. ‘‘SEC. 624. DISCLOSURES TO THE FEDERAL BU- (2) Section 115(b)(2) of title 18, United terintelligence investigation; and REAU OF INVESTIGATION FOR FOR- ‘‘(B) there are specific and articulable facts States Code, is amended by striking ‘‘or at- EIGN COUNTERINTELLIGENCE PUR- giving reason to believe that the consumer tempted kidnapping’’ both places it appears POSES. whose consumer report is sought— and inserting ‘‘, attempted kidnapping, or ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.— conspiracy to kidnap’’. (1) Notwithstanding section 604 or any other ‘‘(i) is an agent of a foreign power; and (3)(A) Section 115(b)(3) of title 18, United provision of this title, a court or magistrate ‘‘(ii) is engaging or has engaged in inter- States Code, is amended by striking ‘‘or at- judge may issue an order ex parte, upon ap- national terrorism (as that term is defined in tempted murder’’ and inserting ‘‘, attempted plication by the Director of the Federal Bu- section 101(c) of the Foreign Intelligence murder, or conspiracy to murder’’. reau of Investigation (or the Director’s des- Surveillance Act of 1978) or clandestine in- (B) Section 115(b)(3) of title 18, United ignee, whose rank shall be no lower than As- telligence activities that involve or may in- States Code, is amended by striking ‘‘and sistant Special Agent in Charge), directing a volve a violation of criminal statutes of the 1113’’ and inserting ‘‘, 1113, and 1117’’. consumer reporting agency to furnish to the United States. (4) Section 175(a) of title 18, United States Federal Bureau of Investigation the names ‘‘(2) An order issued under this subsection Code, is amended by inserting ‘‘or conspires and addresses of all financial institutions (as shall not disclose that it is issued for pur- to do so,’’ after ‘‘any organization to do so,’’. that term is defined in section 1101 of the poses of a counterintelligence investigation. (b) AIRCRAFT PIRACY.— Right to Financial Privacy Act of 1978) at ‘‘(d) CONFIDENTIALITY.—(1) No consumer re- (1) Section 46502(a)(2) of title 49, United which a consumer maintains or has main- porting agency or officer, employee, or agent States Code, is amended by inserting ‘‘or tained an account, to the extent that infor- of a consumer reporting agency shall dis- conspiring’’ after ‘‘attempting’’. mation is in the files of the agency. The close to any person, other than officers, em- (2) Section 46502(b)(1) of title 49, United court or magistrate judge shall issue the ployees, or agents of a consumer reporting States Code, is amended by inserting ‘‘or order if the court or magistrate judge finds, agency necessary to fulfill the requirement conspiring to commit’’ after ‘‘committing’’. that— to disclose information to the Federal Bu- reau of Investigation under this section, that SEC. 204. MANDATORY PENALTY FOR TRANSFER- ‘‘(A) such information is necessary for the RING A FIREARM KNOWING THAT IT conduct of an authorized foreign counter- the Federal Bureau of Investigation has WILL BE USED TO COMMIT A CRIME intelligence investigation; and sought or obtained the identity of financial OF VIOLENCE. ‘‘(B) there are specific and articulable facts institutions or a consumer report respecting Section 924(h) of title 18, United States giving reason to believe that the consumer— any consumer under subsection (a), (b), or Code, is amended— ‘‘(i) is a foreign power (as defined in sec- (c). (1) by inserting ‘‘or having reasonable tion 101 of the Foreign Intelligence Surveil- ‘‘(2) No consumer reporting agency or offi- cause to believe’’ after ‘‘knowing’’; and lance Act of 1978) or a person who is not a cer, employee, or agent of a consumer re- (2) by striking ‘‘imprisoned not more than United States person (as defined in such sec- porting agency shall include in any 10 years, fined in accordance with this title, tion 101) and is an official of a foreign power; consumer report any information that would or both.’’ and inserting ‘‘subject to the same or indicate that the Federal Bureau of Inves- penalties as may be imposed under sub- ‘‘(ii) is an agent of a foreign power and is tigation has sought or obtained such infor- section (c) for a first conviction for the use engaging or has engaged in international ter- mation or a consumer report. or carrying of the firearm.’’. rorism (as that term is defined in section ‘‘(e) PAYMENT OF FEES.—The Federal Bu- SEC. 205. MANDATORY PENALTY FOR TRANSFER- 101(c) of the Foreign Intelligence Surveil- reau of Investigation is authorized, subject RING AN EXPLOSIVE MATERIAL lance Act of 1978) or clandestine intelligence to the availability of appropriations, pay to KNOWING THAT IT WILL BE USED TO activities that involve or may involve a vio- the consumer reporting agency assembling COMMIT A CRIME OF VIOLENCE. lation of criminal statutes of the United or providing reports or information in ac- Section 844 of title 18, United States Code, States. cordance with procedures established under is amended by adding at the end the follow- ‘‘(2) An order issued under this subsection this section, a fee for reimbursement for ing: shall not disclose that it is issued for pur- such costs as are reasonably necessary and ‘‘(o) Whoever knowingly transfers any ex- poses of a counterintelligence investigation. which have been directly incurred in search- plosive materials, knowing or having reason- ‘‘(b) IDENTIFYING INFORMATION.—(1) Not- ing, reproducing, or transporting books, pa- able cause to believe that such explosive ma- withstanding section 604 or any other provi- pers, records, or other data required or re- terials will be used to commit a crime of vio- sion of this title, a court or magistrate judge quested to be produced under this section. lence (as defined in section 924(c)(3) of this shall issue an order ex parte, upon applica- ‘‘(f) LIMIT ON DISSEMINATION.—The Federal title) or drug trafficking crime (as defined in tion by the Director of the Federal Bureau of Bureau of Investigation may not disseminate section 924(c)(2) of this title) shall be subject Investigation (or the Director’s designee, information obtained pursuant to this sec- to the same penalties as may be imposed whose rank shall be no lower than Assistant tion outside of the Federal Bureau of Inves- under subsection (h) for a first conviction for Special Agent in Charge), directing a tigation, except— the use or carrying of the explosive mate- consumer reporting agency to furnish identi- ‘‘(1) to the Department of Justice or any rials.’’. fying information respecting a consumer, other law enforcement agency, as may be SEC. 206. DIRECTIONS TO SENTENCING COMMIS- limited to name, address, former addresses, necessary for the approval or conduct of a SION. places of employment, or former places of foreign counterintelligence investigation; or The United States Sentencing Commission employment, to the Federal Bureau of Inves- ‘‘(2) where the information concerns a per- shall forthwith, in accordance with the pro- tigation. The court or magistrate judge shall son subject to the Uniform Code of Military cedures set forth in section 21(a) of the Sen- issue the order if the court or magistrate Justice, to appropriate investigative au- tencing Act of 1987, as though the authority judge finds, that— thorities within the military department March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2149 concerned as may be necessary for the con- ‘‘CHAPTER 122—ACCESS TO CERTAIN court finds that the circumstances surround- duct of a joint foreign counterintelligence RECORDS ing the violation raise questions of whether investigation. ‘‘Sec. or not an officer or employee of the agency ‘‘(g) RULES OF CONSTRUCTION.—Nothing in ‘‘2720. Disclosure of business records held by or department acted willfully or inten- this section shall be construed to prohibit in- third parties in foreign counter- tionally with respect to the violation, the formation from being furnished by the Fed- intelligence cases. eral Bureau of Investigation pursuant to a agency or department shall promptly initi- ‘‘§ 2720. Disclosure of business records held ate a proceeding to determine whether or not subpoena or court order, or in connection by third parties in foreign counterintel- with a judicial or administrative proceeding disciplinary action is warranted against the ligence cases to enforce the provisions of this Act. Noth- officer or employee who was responsible for ing in this section shall be construed to au- ‘‘(a)(1) A court or magistrate judge may the violation. thorize or permit the withholding of infor- issue an order ex parte, upon application by the Director of the Federal Bureau of Inves- ‘‘(e) As used in this section— mation from the Congress. ‘‘(1) the term ‘common carrier’ means a lo- ‘‘(h) REPORTS TO CONGRESS.—On an annual tigation (or the Director’s designee, whose basis, the Attorney General shall fully in- rank shall be no lower than Assistant Spe- comotive, rail carrier, bus carrying pas- form the Permanent Select Committee on cial Agent in Charge), directing any common sengers, water common carrier, air common Intelligence and the Committee on Banking carrier, public accommodation facility, carrier, or private commercial interstate and Financial Services of the House of Rep- physical storage facility, or vehicle rental carrier for the delivery of packages and resentatives, and the Select Committee on facility to furnish any records in its posses- other objects; Intelligence and the Committee on Banking, sion to the Federal Bureau of Investigation. ‘‘(2) the term ‘public accommodation facil- Housing, and Urban Affairs of the Senate The court or magistrate judge shall issue the ity’ means any inn, hotel, motel, or other es- concerning all requests made pursuant to order if the court or magistrate judge finds tablishment that provides lodging to tran- subsections (a), (b), and (c). that— sient guests; ‘‘(i) DAMAGES.—Any agency or department ‘‘(A) such records are necessary for ‘‘(3) the term ‘physical storage facility’ of the United States obtaining or disclosing counter-terrorism or foreign counterintel- means any business or entity that provides any consumer reports, records, or informa- ligence purposes; and space for the storage of goods or materials, tion contained therein in violation of this ‘‘(B) there are specific and articulable facts or services related to the storage of goods or section is liable to any person harmed by the giving reason to believe that the person to materials, to the public or any segment violation in an amount equal to the sum of— whom the records pertain is— thereof; and ‘‘(1) $100, without regard to the volume of ‘‘(i) a foreign power; or ‘‘(4) the term ‘vehicle rental facility’ consumer reports, records, or information in- ‘‘(ii) an agent of a foreign power and is en- means any person or entity that provides ve- volved; gaging or has engaged in international ter- hicles for rent, lease, loan, or other similar ‘‘(2) any actual damages sustained by the rorism (as that term is defined in section use, to the public or any segment thereof.’’. person harmed as a result of the disclosure; 101(c) of the Foreign Intelligence Surveil- ‘‘(3) if the violation is found to have been (b) CLERICAL AMENDMENT.—The table of lance Act of 1978) or clandestine intelligence willful or intentional, such punitive damages chapters at the beginning of part I of title 18, activities that involve or may involve a vio- as a court may allow; and United States Code, is amended by inserting lation of criminal statutes of the United ‘‘(4) in the case of any successful action to after the item relating to chapter 121 the fol- States. lowing new item: enforce liability under this subsection, the ‘‘(2) An order issued under this subsection costs of the action, together with reasonable shall not disclose that it is issued for pur- ‘‘122. Access to certain records ...... 2720’’. attorney fees, as determined by the court. poses of a counterintelligence investigation. ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLA- ‘‘(b) No common carrier, public accommo- SEC. 304. STUDY OF TAGGING EXPLOSIVE MATE- TIONS.—If a court determines that any agen- dation facility, physical storage facility, or RIALS, DETECTION OF EXPLOSIVES cy or department of the United States has vehicle rental facility, or any officer, em- AND EXPLOSIVE MATERIALS, REN- DERING EXPLOSIVE COMPONENTS violated any provision of this section and the ployee, or agent of such common carrier, court finds that the circumstances surround- INERT, AND IMPOSING CONTROLS public accommodation facility, physical ing the violation raise questions of whether OF PRECURSORS OF EXPLOSIVES. storage facility, or vehicle rental facility, or not an officer or employee of the agency shall disclose to any person, other than (a) STUDY.—The Attorney General, in con- or department acted willfully or inten- sultation with other Federal, State and local tionally with respect to the violation, the those officers, agents, or employees of the common carrier, public accommodation fa- officials with expertise in this area and such agency or department shall promptly initi- other individuals as the Attorney General ate a proceeding to determine whether or not cility, physical storage facility, or vehicle deems appropriate, shall conduct a study disciplinary action is warranted against the rental facility necessary to fulfill the re- officer or employee who was responsible for quirement to disclose the information to the concerning— the violation. Federal Bureau of Investigation under this (1) the tagging of explosive materials for ‘‘(k) GOOD-FAITH EXCEPTION.—Notwith- section. purposes of detection and identification; standing any other provision of this title, ‘‘(c)(1) The Federal Bureau of Investigation (2) technology for devices to improve the any consumer reporting agency or agent or may not disseminate information obtained detection of explosives materials; employee thereof making disclosure of pursuant to this section outside the Federal (3) whether common chemicals used to consumer reports or identifying information Bureau of Investigation, except— manufacture explosive materials can be ren- pursuant to this subsection in good-faith re- ‘‘(A) to the Department of Justice or any dered inert and whether it is feasible to reliance upon a certification of the Federal Bu- other law enforcement agency, as may be quire it; and reau of Investigation pursuant to provisions necessary for the approval or conduct of a (4) whether controls can be imposed on cer- of this section shall not be liable to any per- foreign counterintelligence investigation; or tain precursor chemicals used to manufac- son for such disclosure under this title, the ‘‘(B) where the information concerns a per- ture explosive materials and whether it is constitution of any State, or any law or reg- son subject to the Uniform Code of Military feasible to require it. ulation of any State or any political subdivi- Justice, to appropriate investigative au- (b) REPORT.—Not later than 180 days after sion of any State notwithstanding. thorities within the military department the date of the enactment of this Act, the ‘‘(l) INJUNCTIVE RELIEF.—In addition to any concerned as may be necessary for the con- other remedy contained in this section, in- duct of a joint foreign counterintelligence Attorney General shall submit to the Con- junctive relief shall be available to require investigation. gress a report that contains the results of compliance with the procedures of this sec- ‘‘(2) Any agency or department of the Unit- the study required by this section. The At- tion. In the event of any successful action ed States obtaining or disclosing any infor- torney General shall make the report avail- under this subsection, costs together with mation in violation of this paragraph shall able to the public. reasonable attorney fees, as determined by be liable to any person harmed by the viola- SEC. 305. APPLICATION OF STATUTORY EXCLU- the court, may be recovered.’’. tion in an amount equal to the sum of— (b) CLERICAL AMENDMENT.—The table of SIONARY RULE CONCERNING INTER- sections at the beginning of the Fair Credit ‘‘(A) $100 without regard to the volume of CEPTED WIRE OR ORAL COMMU- Reporting Act (15 U.S.C. 1681a et seq.) is information involved; NICATIONS. ‘‘(B) any actual damages sustained by the amended by adding after the item relating to Section 2515 of title 18, United States Code, person harmed as a result of the violation; section 623 the following new item: is amended by adding at the end the follow- ‘‘(C) if the violation is willful or inten- ‘‘624. Disclosures to the Federal Bureau of ing: ‘‘This section shall not apply to the dis- Investigation for foreign coun- tional, such punitive damages as a court may allow; and closure by the United States in a criminal terintelligence purposes.’’. trial or hearing or before a grand jury of the SEC. 303. DISCLOSURE OF BUSINESS RECORDS ‘‘(D) in the case of any successful action to enforce liability under this paragraph, the contents of a wire or oral communication, or HELD BY THIRD PARTIES IN FOR- evidence derived therefrom, if any law en- EIGN COUNTERINTELLIGENCE costs of the action, together with reasonable CASES. attorney fees, as determined by the court. forcement officers who intercepted the com- (a) IN GENERAL.—Title 18, United States ‘‘(d) If a court determines that any agency munication or gathered the evidence derived Code, is amended by inserting after chapter or department of the United States has vio- 121 the following: lated any provision of this section and the H2150 CONGRESSIONAL RECORD — HOUSE March 13, 1996 therefrom acted with the reasonably objec- communication services or a remote comput- SEC. 312. STUDY OF THEFTS FROM ARMORIES; tive belief that their actions were in compli- ing service, upon the request of a govern- REPORT TO THE CONGRESS. ance with this chapter.’’. mental entity, shall take all necessary steps (a) STUDY.—The Attorney General of the SEC. 306. EXCLUSION OF CERTAIN TYPES OF IN- to preserve records, and other evidence in its United States shall conduct a study of the FORMATION FROM WIRETAP-RELAT- possession pending the issuance of a court extent of thefts from military arsenals (in- ED DEFINITIONS. order or other process. Such records shall be cluding National Guard armories) of fire- (a) DEFINITION OF ‘‘ELECTRONIC COMMUNICA- retained for a period of 90 days, which period arms, explosives, and other materials that TION’’.—Section 2510(12) of title 18, United shall be extended for an additional 90-day pe- are potentially useful to terrorists. States Code, is amended— riod upon a renewed request by the govern- (b) REPORT TO THE CONGRESS.—Within 6 (1) by striking ‘‘or’’ at the end of subpara- mental entity.’’. months after the date of the enactment of graph (B); SEC. 309. DETENTION HEARING. this Act, the Attorney General shall submit (2) by inserting ‘‘or’’ at the end of subpara- Section 3142(f) of title 18, United States to the Congress a report on the study re- graph (C); and Code, is amended by inserting ‘‘(not includ- quired by subsection (a). (3) by adding a new subparagraph (D), as ing any intermediate Saturday, Sunday, or TITLE IV—NUCLEAR MATERIALS follows: legal holiday)’’ after ‘‘five days’’ and after SEC. 401. EXPANSION OF NUCLEAR MATERIALS ‘‘(D) information stored in a communica- ‘‘three days’’. PROHIBITIONS. tions system used for the electronic storage SEC. 310. REWARD AUTHORITY OF THE ATTOR- Section 831 of title 18, United States Code, and transfer of funds;’’ NEY GENERAL. is amended— (b) DEFINITION OF ‘‘READILY ACCESSIBLE TO (a) IN GENERAL.—Title 18, United States (1) in subsection (a), by striking ‘‘nuclear THE GENERAL PUBLIC’’.—Section 2510(16) of Code, is amended by striking sections 3059 material’’ each place it appears and insert- title 18, United States Code, is amended— through 3059A and inserting the following: ing ‘‘nuclear material or nuclear byproduct (1) by inserting ‘‘or’’ at the end of subpara- ‘‘§ 3059. Reward authority of the Attorney material’’; graph (D); General (2) in subsection (a)(1)(A), by inserting ‘‘or (2) by striking ‘‘or’’ at the end of subpara- ‘‘(a) The Attorney General may pay re- the environment’’ after ‘‘property’’; graph (E); and wards and receive from any department or (3) so that subsection (a)(1)(B) reads as fol- (3) by striking subparagraph (F). agency, funds for the payment of rewards lows: SEC. 307. ACCESS TO TELEPHONE BILLING under this section, to any individual who ‘‘(B)(i) circumstances exist which are like- RECORDS. provides any information unknown to the ly to cause the death of or serious bodily in- (a) SECTION 2709.—Section 2709(b) of title Government leading to the arrest or prosecu- 18, United States Code, is amended— jury to any person or substantial damage to tion of any individual for Federal felony of- property or the environment; or (ii) such cir- (1) in paragraph (1)(A), by inserting ‘‘local fenses. and long distance’’ before ‘‘toll billing cumstances are represented to the defendant ‘‘(b) If the reward exceeds $100,000, the At- to exist;’’; records’’; torney General shall give notice of that fact (2) by striking ‘‘and’’ at the end of para- (4) in subsection (a)(6), by inserting ‘‘or the to the Senate and the House of Representa- environment’’ after ‘‘property’’; graph (1); tives not later than 30 days before authoriz- (3) by striking the period at the end of (5) so that subsection (c)(2) reads as fol- ing the payment of the reward. lows: paragraph (2) and inserting ‘‘; and’’; and ‘‘(c) A determination made by the Attor- ‘‘(2) an offender or a victim is a national of (4) by adding at the end a new paragraph ney General as to whether to authorize an the United States or a United States cor- (3), as follows: award under this section and as to the poration or other legal entity;’’; ‘‘(3) request the name, address, length of amount of any reward authorized shall not (6) in subsection (c)(3), by striking ‘‘at the service, and local and long distance toll bill- be subject to judicial review. ing records of a person or entity if the Direc- ‘‘(d) If the Attorney General determines time of the offense the nuclear material is in tor or the Director’s designee (in a position that the identity of the recipient of a reward use, storage, or transport, for peaceful pur- not lower than Deputy Assistant Director) or of the members of the recipient’s imme- poses, and’’; certifies in writing to the wire or electronic diate family must be protected, the Attorney (7) by striking ‘‘or’’ at the end of sub- communication service provider to which General may take such measures in connec- section (c)(3); the request is made that the information tion with the payment of the reward as the (8) in subsection (c)(4), by striking ‘‘nu- sought is relevant to an authorized inter- Attorney General deems necessary to effect clear material for peaceful purposes’’ and in- national terrorism investigation (as defined such protection. serting ‘‘nuclear material or nuclear byprod- in section 2331 of this title).’’. ‘‘(e) No officer or employee of any govern- uct material’’; (b) SECTION 2703.—Section 2703(c)(1)(C) of mental entity may receive a reward under (9) by striking the period at the end of subtitle 18, United States Code, is amended by this section for conduct in performance of section (c)(4) and inserting ‘‘; or’’; inserting ‘‘local and long distance’’ before his or her official duties. (10) by adding at the end of subsection (c) ‘‘telephone toll billing records’’. ‘‘(f) Any individual (and the immediate the following: (c) CIVIL REMEDY.—Section 2707 of title 18, family of such individual) who furnishes in- ‘‘(5) the governmental entity under sub- United States Code, is amended— formation which would justify a reward section (a)(5) is the United States or the (1) in subsection (a), by striking ‘‘cus- under this section or a reward by the Sec- threat under subsection (a)(6) is directed at tomer’’ and inserting ‘‘any other person’’; retary of State under section 36 of the State the United States.’’; (2) in subsection (c), inserting before the Department Basic Authorities Act of 1956 (11) in subsection (f)(1)(A), by striking period at the end the following: ‘‘, and if the may, in the discretion of the Attorney Gen- ‘‘with an isotopic concentration not in ex- violation is willful or intentional, such puni- eral, participate in the Attorney General’s cess of 80 percent plutonium 238’’; tive damages as the court may allow, and, in witness security program under chapter 224 (12) in subsection (f)(1)(C) by inserting ‘‘en- the case of any successful action to enforce of this title.’’. riched uranium, defined as’’ before ‘‘ura- liability under this section, the costs of the (b) CLERICAL AMENDMENT.—The table of nium’’; action, together with reasonable attorney sections at the beginning of chapter 203 of (13) in subsection (f), by redesignating fees, as determined by the court’’; and title 18, United States Code, is amended by paragraphs (2), (3), and (4) as paragraphs (3), (3) by adding at the end the following: striking the items relating to section 3059 (4), and (5), respectively; ‘‘(f) DISCIPLINARY ACTIONS FOR VIOLA- and 3059A and inserting the following new (14) by inserting after subsection (f)(1) the TIONS.—If a court determines that any agen- item: following: cy or department of the United States has ‘‘3059. Reward authority of the Attorney ‘‘(2) the term ‘nuclear byproduct material’ violated this chapter and the court finds General.’’. means any material containing any radio- that the circumstances surrounding the vio- (c) CONFORMING AMENDMENT.—Section 1751 active isotope created through an irradiation lation raise questions of whether or not an of title 18, United States Code, is amended by process in the operation of a nuclear reactor officer or employee of the agency or depart- striking subsection (g). or accelerator;’’; ment acted willfully or intentionally with SEC. 311. PROTECTION OF FEDERAL GOVERN- (15) by striking ‘‘and’’ at the end of sub- respect to the violation, the agency or de- MENT BUILDINGS IN THE DISTRICT section (f)(4), as redesignated; partment shall promptly initiate a proceed- OF COLUMBIA. (16) by striking the period at the end of ing to determine whether or not disciplinary The Attorney General is authorized— subsection (f)(5), as redesignated, and insert- action is warranted against the officer or (1) to prohibit vehicles from parking or ing a semicolon; and employee who was responsible for the viola- standing on any street or roadway adjacent (17) by adding at the end of subsection (f) tion.’’. to any building in the District of Columbia the following: SEC. 308. REQUIREMENT TO PRESERVE RECORD which is in whole or in part owned, pos- ‘‘(6) the term ‘national of the United EVIDENCE. sessed, used by, or leased to the Federal Gov- States’ has the meaning prescribed in sec- Section 2703 of title 18, United States Code, ernment and used by Federal law enforce- tion 101(a)(22) of the Immigration and Na- is amended by adding at the end the follow- ment authorities; and tionality Act (8 U.S.C. 1101(a)(22)); and ing: (2) to prohibit any person or entity from ‘‘(7) the term ‘United States corporation or ‘‘(f) REQUIREMENT TO PRESERVE EVI- conducting business on any property imme- other legal entity’ means any corporation or DENCE.—A provider of wire or electronic diately adjacent to any such building. other entity organized under the laws of the March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2151 United States or any State, district, comment, transportation, transfer, receipt, or TITLE VI—IMMIGRATION-RELATED monwealth, territory or possession of the possession of any plastic explosive, which PROVISIONS United States.’’. was imported, brought into, or manufactured Subtitle A—Removal of Alien Terrorists in the United States before such effective TITLE V—CONVENTION ON THE MARKING PART 1—REMOVAL PROCEDURES FOR date by any person. OF PLASTIC EXPLOSIVES ALIEN TERRORISTS ‘‘(B) Until the 15-year period that begins SEC. 501. DEFINITIONS. on the date of entry into force of the Conven- SEC. 601. REMOVAL PROCEDURES FOR ALIEN Section 841 of title 18, United States Code, tion on the Marking of Plastic Explosives TERRORISTS. is amended by adding at the end the follow- with respect to the United States has ex- (a) IN GENERAL.—The Immigration and Na- ing: pired, paragraph (1) shall not apply to the tionality Act is amended— ‘‘(o) ‘Convention on the Marking of Plastic shipment, transportation, transfer, receipt, (1) by adding at the end of the table of con- Explosives’ means the Convention on the or possession of any plastic explosive, which tents the following: Marking of Plastic Explosives for the Pur- was imported, brought into, or manufactured ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES pose of Detection, Done at Montreal on 1 in the United States before the effective date FOR ALIEN TERRORISTS March 1991. of this subsection by or on behalf of any ‘‘(p) ‘Detection agent’ means any one of ‘‘Sec. 501. Definitions. agency of the United States performing a the substances specified in this subsection ‘‘Sec. 502. Establishment of special removal military or police function (including any when introduced into a plastic explosive or court; panel of attorneys to as- military reserve component) or by or on be- formulated in such explosive as a part of the sist with classified information. half of the National Guard of any State. ‘‘Sec. 503. Application for initiation of spe- manufacturing process in such a manner as ‘‘(o) It shall be unlawful for any person, to achieve homogeneous distribution in the cial removal proceeding. other than an agency of the United States ‘‘Sec. 504. Consideration of application. finished explosive, including— (including any military reserve component) ‘‘Sec. 505. Special removal hearings. ‘‘(1) Ethylene glycol dinitrate (EGDN), or the National Guard of any State, possess- ‘‘Sec. 506. Consideration of classified infor- C H (NO ) , molecular weight 152, when the 2 4 3 2 ing any plastic explosive on the effective mation. minimum concentration in the finished ex- date of this subsection, to fail to report to ‘‘Sec. 507. Appeals. plosive is 0.2 percent by mass; the Secretary within 120 days after the effec- ‘‘Sec. 508. Detention and custody.’’; ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane tive date of this subsection the quantity of and (DMNB), C6H12(NO2)2, molecular weight 176, such explosives possessed, the manufacturer when the minimum concentration in the fin- (2) by adding at the end the following new or importer, any marks of identification on title: ished explosive is 0.1 percent by mass; such explosives, and such other information ‘‘TITLE V—SPECIAL REMOVAL ‘‘(3) Para-Mononitrotoluene (p-MNT), as the Secretary may by regulations pre- PROCEDURES FOR ALIEN TERRORISTS C7H7NO2, molecular weight 137, when the scribe.’’. minimum concentration in the finished ex- ‘‘DEFINITIONS plosive is 0.5 percent by mass; SEC. 503. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States ‘‘SEC. 501. In this title: ‘‘(4) Ortho-Mononitrotoluene (o-MNT), ‘‘(1) The term ‘alien terrorist’ means an C H NO , molecular weight 137, when the Code, is amended to read as follows: 7 7 2 ‘‘(a) Any person who violates subsections alien described in section 241(a)(4)(B). minimum concentration in the finished ex- (a) through (i) or (l) through (o) of section ‘‘(2) The term ‘classified information’ has plosive is 0.5 percent by mass; and 842 of this title shall be fined under this the meaning given such term in section 1(a) ‘‘(5) any other substance in the concentra- title, imprisoned not more than 10 years, or of the Classified Information Procedures Act tion specified by the Secretary, after con- both.’’. (18 U.S.C. App.). sultation with the Secretary of State and ‘‘(3) The term ‘national security’ has the the Secretary of Defense, which has been SEC. 504. EXCEPTIONS. Section 845 of title 18, United States Code, meaning given such term in section 1(b) of added to the table in part 2 of the Technical the Classified Information Procedures Act Annex to the Convention on the Marking of is amended— (1) in subsection (a), by inserting ‘‘(l), (m), (18 U.S.C. App.). Plastic Explosives. ‘‘(4) The term ‘special attorney’ means an ‘‘(q) ‘Plastic explosive’ means an explosive (n), or (o) of section 842 and subsections’’ after ‘‘subsections’’; attorney who is on the panel established material in flexible or elastic sheet form for- under section 502(e). mulated with one or more high explosives (2) in subsection (a)(1), by inserting ‘‘and which pertains to safety’’ before the semi- ‘‘(5) The term ‘special removal court’ which in their pure form have a vapor pres- means the court established under section ¥ colon; and sure less than 10 4 Pa at a temperature of 502(a). 25°C., is formulated with a binder material, (3) by adding at the end the following: ‘‘(c) It is an affirmative defense against ‘‘(6) The term ‘special removal hearing’ and is as a mixture malleable or flexible at means a hearing under section 505. normal room temperature.’’. any proceeding involving subsection (l), (m), (n), or (o) of section 842 of this title if the ‘‘(7) The term ‘special removal proceeding’ SEC. 502. REQUIREMENT OF DETECTION AGENTS means a proceeding under this title. FOR PLASTIC EXPLOSIVES. proponent proves by a preponderance of the Section 842 of title 18, United States Code, evidence that the plastic explosive— ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; is amended by adding at the end the follow- ‘‘(1) consisted of a small amount of plastic PANEL OF ATTORNEYS TO ASSIST WITH CLAS- ing: explosive intended for and utilized solely in SIFIED INFORMATION ‘‘(l) It shall be unlawful for any person to lawful— ‘‘SEC. 502. (a) IN GENERAL.—The Chief Jus- manufacture any plastic explosive which ‘‘(A) research, development, or testing of tice of the United States shall publicly des- does not contain a detection agent. new or modified explosive materials; ignate 5 district court judges from 5 of the ‘‘(m)(1) it shall be unlawful for any person ‘‘(B) training in explosives detection or de- United States judicial circuits who shall con- to import or bring into the United States, or velopment or testing of explosives detection stitute a court which shall have jurisdiction export from the United States, any plastic equipment; or to conduct all special removal proceedings. explosive which does not contain a detection ‘‘(C) forensic science purposes; or ‘‘(b) TERMS.—Each judge designated under agent. ‘‘(2) was plastic explosive which, within 3 subsection (a) shall serve for a term of 5 ‘‘(2) Until the 15-year period that begins years after the effective date of this para- years and shall be eligible for redesignation, with the date of entry into force of the Con- graph, will be or is incorporated in a mili- except that the four associate judges first so vention on the Marking of Plastic Explosives tary device within the territory of the Unit- designated shall be designated for terms of with respect to the United States has ex- ed States and remains an integral part of one, two, three, and four years so that the pired, paragraph (1) shall not apply to the such military device, or is intended to be, or term of one judge shall expire each year. importation or bringing into the United is incorporated in, and remains an integral ‘‘(c) CHIEF JUDGE.—The Chief Justice shall States, or the exportation from the United part of a military device that is intended to publicly designate one of the judges of the States, of any plastic explosive which was become, or has become, the property of any special removal court to be the chief judge of imported, brought into, or manufactured in agency of the United States performing mili- the court. The chief judge shall promulgate the United States before the effective date of tary or police functions (including any mili- rules to facilitate the functioning of the this subsection by or on behalf of any agency tary reserve component) or the National court and shall be responsible for assigning of the United States performing military or Guard of any State, wherever such device is the consideration of cases to the various police functions (including any military Re- located. For purposes of this subsection, the judges. serve component) or by or on behalf of the term ‘military device’ includes shells, ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NA- National Guard of any State. bombs, projectiles, mines, missiles, rockets, TURE OF PROCEEDINGS.—The provisions of ‘‘(n)(1) It shall be unlawful for any person shaped charges, grenades, perforators, and section 103(c) of the Foreign Intelligence to ship, transport, transfer, receive, or pos- similar devices lawfully manufactured exclu- Surveillance Act of 1978 (50 U.S.C. 1803(c)) sess any plastic explosive which does not sively for military or police purposes.’’. shall apply to proceedings under this title in contain a detection agent. SEC. 505. EFFECTIVE DATE. the same manner as they apply to proceed- ‘‘(2)(A) During the 3-year period that be- The amendments made by this title shall ings under such Act. gins on the effective date of this subsection, take effect 1 year after the date of the enact- ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL paragraph (1) shall not apply to the shipment of this Act. ATTORNEYS.—The special removal court shall H2152 CONGRESSIONAL RECORD — HOUSE March 13, 1996 provide for the designation of a panel of at- ‘‘(1) the alien’s rights regarding removal may request the judge to issue a subpoena torneys each of whom— and expulsion shall be governed solely by the for the presence of a named witness (which ‘‘(1) has a security clearance which affords provisions of this title, and subpoena may also command the person to the attorney access to classified informa- ‘‘(2) except as they are specifically ref- whom it is directed to produce books, papers, tion, and erenced, no other provisions of this Act shall documents, or other objects designated ‘‘(2) has agreed to represent permanent be applicable. therein) upon a satisfactory showing that resident aliens with respect to classified in- ‘‘SPECIAL REMOVAL HEARINGS the presence of the witness is necessary for formation under sections 506 and 507(c)(2)(B) the determination of any material matter. ‘‘SEC. 505. (a) IN GENERAL.—In any case in Such a request may be made ex parte except in accordance with (and subject to the pen- which the application for the order is ap- that the judge shall inform the Department alties under) this title. proved under section 504, a special removal of Justice of any request for a subpoena by ‘‘APPLICATION FOR INITIATION OF SPECIAL hearing shall be conducted under this section the alien for a witness or material if compli- REMOVAL PROCEEDING for the purpose of determining whether the ance with such a subpoena would reveal evi- ‘‘SEC. 503. (a) IN GENERAL.—Whenever the alien to whom the order pertains should be dence or the source of evidence which has Attorney General has classified information removed from the United States on the that an alien is an alien terrorist, the Attor- been introduced, or which the Department of grounds that the alien is an alien terrorist. Justice has received permission to introduce, ney General, in the Attorney General’s dis- Consistent with section 506, the alien shall cretion, may seek removal of the alien under in camera and ex parte pursuant to sub- be given reasonable notice of the nature of section (e) and section 506, and the Depart- this title through the filing with the special the charges against the alien and a general removal court of a written application de- ment of Justice shall be given a reasonable account of the basis for the charges. The opportunity to oppose the issuance of such a scribed in subsection (b) that seeks an order alien shall be given notice, reasonable under authorizing a special removal proceeding subpoena. all the circumstances, of the time and place ‘‘(2) PAYMENT FOR ATTENDANCE.—If an ap- under this title. The application shall be sub- at which the hearing will be held. The hear- mitted in camera and ex parte and shall be plication for a subpoena by the alien also ing shall be held as expeditiously as possible. makes a showing that the alien is financially filed under seal with the court. ‘‘(b) USE OF SAME JUDGE.—The special re- ‘‘(b) CONTENTS OF APPLICATION.—Each ap- unable to pay for the attendance of a witness moval hearing shall be held before the same plication for a special removal proceeding so requested, the court may order the costs judge who granted the order pursuant to sec- shall include all of the following: incurred by the process and the fees of the tion 504 unless that judge is deemed unavail- ‘‘(1) The identity of the Department of Jus- witness so subpoenaed to be paid from funds able due to illness or disability by the chief tice attorney making the application. appropriated for the enforcement of title II. judge of the special removal court, or has ‘‘(2) The approval of the Attorney General ‘‘(3) NATIONWIDE SERVICE.—A subpoena died, in which case the chief judge shall as- or the Deputy Attorney General for the fil- under this subsection may be served any- sign another judge to conduct the special re- ing of the application based upon a finding where in the United States. moval hearing. A decision by the chief judge by that individual that the application satis- ‘‘(4) WITNESS FEES.—A witness subpoenaed pursuant to the preceding sentence shall not fies the criteria and requirements of this under this subsection shall receive the same be subject to review by either the alien or title. fees and expenses as a witness subpoenaed in the Department of Justice. ‘‘(3) The identity of the alien for whom au- connection with a civil proceeding in a court ‘‘(c) RIGHTS IN HEARING.— thorization for the special removal proceed- of the United States. ‘‘(1) PUBLIC HEARING.—The special removal ing is sought. ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA- hearing shall be open to the public. ‘‘(4) A statement of the facts and cir- TION.—Nothing in this subsection is intended ‘‘(2) RIGHT OF COUNSEL.—The alien shall cumstances relied on by the Department of to allow an alien to have access to classified have a right to be present at such hearing Justice to establish that— information. and to be represented by counsel. Any alien ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA- ‘‘(A) the alien is an alien terrorist and is financially unable to obtain counsel shall be TION.— physically present in the United States, and entitled to have counsel assigned to rep- ‘‘(1) IN GENERAL.—Classified information ‘‘(B) with respect to such alien, adherence resent the alien. Such counsel shall be ap- that has been summarized pursuant to sec- to the provisions of title II regarding the de- pointed by the judge pursuant to the plan for tion 506(b) and classified information for portation of aliens would pose a risk to the furnishing representation for any person fi- which findings described in section national security of the United States. nancially unable to obtain adequate rep- 506(b)(4)(B) have been made and for which no ‘‘(5) An oath or affirmation respecting each resentation for the district in which the summary is provided shall be introduced (ei- of the facts and statements described in the hearing is conducted, as provided for in sec- ther in writing or through testimony) in previous paragraphs. tion 3006A of title 18, United States Code. All camera and ex parte and neither the alien ‘‘(c) RIGHT TO DISMISS.—The Department of nor the public shall be informed of such evi- Justice retains the right to dismiss a re- provisions of that section shall apply and, dence or its sources other than through ref- moval action under this title at any stage of for purposes of determining the maximum the proceeding. amount of compensation, the matter shall be erence to the summary (if any) provided pur- treated as if a felony was charged. suant to such section. Notwithstanding the ‘‘CONSIDERATION OF APPLICATION ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien previous sentence, the Department of Justice ‘‘SEC. 504. (a) IN GENERAL.—In the case of shall have a right to introduce evidence on may, in its discretion and after coordination an application under section 503 to the spe- the alien’s own behalf. with the originating agency, elect to intro- cial removal court, a single judge of the ‘‘(4) EXAMINATION OF WITNESSES.—Except as duce such evidence in open session. court shall be assigned to consider the appli- provided in section 506, the alien shall have ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL- cation. The judge, in accordance with the a reasonable opportunity to examine the evi- LANCE INFORMATION.— rules of the court, shall consider the applica- dence against the alien and to cross-examine ‘‘(A) USE OF ELECTRONIC SURVEILLANCE.— tion and may consider other information, in- any witness. The Government is authorized to use in a cluding classified information, presented ‘‘(5) RECORD.—A verbatim record of the special removal proceeding the fruits of elec- under oath or affirmation. The judge shall proceedings and of all testimony and evi- tronic surveillance and unconsented physical consider the application (and any hearing searches authorized under the Foreign Intel- thereof) in camera and ex parte. A verbatim dence offered or produced at such a hearing ligence Surveillance Act of 1978 (50 U.S.C. record shall be maintained of any such hear- shall be kept. ing. ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR- 1801 et seq.) without regard to subsections ‘‘(b) APPROVAL OF ORDER.—The judge shall ING.—The decision of the judge in the hear- (c), (e), (f), (g), and (h) of section 106 of that enter ex parte the order requested in the ap- ing shall be based only on the evidence intro- Act. plication if the judge finds, on the basis of duced at the hearing, including evidence in- ‘‘(B) NO DISCOVERY OF ELECTRONIC SURVEIL- such application and such other information troduced under subsection (e). LANCE INFORMATION.—An alien subject to re- (if any), that there is probable cause to be- ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the moval under this title shall have no right of lieve that— hearing, the judge is not authorized to con- discovery of information derived from elec- ‘‘(1) the alien who is the subject of the ap- sider or provide for relief from removal based tronic surveillance authorized under the For- plication has been correctly identified and is on any of the following: eign Intelligence Surveillance Act of 1978 or an alien terrorist, and ‘‘(A) Asylum under section 208. otherwise for national security purposes. Nor ‘‘(2) adherence to the provisions of title II ‘‘(B) Withholding of deportation under sec- shall such alien have the right to seek sup- regarding the deportation of the identified tion 243(h). pression of evidence. alien would pose a risk to the national secu- ‘‘(C) Suspension of deportation under sec- ‘‘(C) CERTAIN PROCEDURES NOT APPLICA- rity of the United States. tion 244(a) or 244(e). BLE.—The provisions and requirements of ‘‘(c) DENIAL OF ORDER.—If the judge denies ‘‘(D) Adjustment of status under section section 3504 of title 18, United States Code, the order requested in the application, the 245. shall not apply to procedures under this judge shall prepare a written statement of ‘‘(E) Registry under section 249. title. the judge’s reasons for the denial. ‘‘(d) SUBPOENAS.— ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an ‘‘(1) REQUEST.—At any time prior to the this section shall prevent the United States order is issued under this section with re- conclusion of the special removal hearing, from seeking protective orders and from as- spect to an alien— either the alien or the Department of Justice serting privileges ordinarily available to the March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2153

United States to protect against the disclo- ‘‘(4) CONDITIONS FOR TERMINATION OF PRO- ‘‘(A) concerning whether an item of evi- sure of classified information, including the CEEDINGS IF SUMMARY NOT APPROVED.— dence may be introduced in camera and ex invocation of the military and state secrets ‘‘(A) IN GENERAL.—If, subsequent to the op- parte, or privileges. portunity described in paragraph (3), the ‘‘(B) concerning the contents of any sum- ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The judge does not approve the summary, the mary of evidence to be introduced in camera Federal Rules of Evidence shall not apply to judge shall terminate the special removal and ex parte prepared pursuant to section hearings under this section. Evidence intro- hearing unless the judge makes the findings 506(b); or duced at the special removal hearing, either described in subparagraph (B). ‘‘(2) the refusal of the court to make the in open session or in camera and ex parte, ‘‘(B) FINDINGS.—The findings described in findings permitted by section 506(b)(4)(B). may, in the discretion of the Department of this subparagraph are, with respect to an In any interlocutory appeal taken pursuant Justice, include all or part of the informa- alien, that— to this subsection, the entire record, includ- tion presented under section 504 used to ob- ‘‘(i) the continued presence of the alien in ing any proposed order of the judge or sum- tain the order for the hearing under this sec- the United States, and mary of evidence, shall be transmitted to the tion. ‘‘(ii) the provision of the required sum- Court of Appeals under seal and the matter ‘‘(g) ARGUMENTS.—Following the receipt of mary, shall be heard ex parte. evidence, the attorneys for the Department would likely cause serious and irreparable ‘‘(c) APPEALS OF DECISION IN HEARING.— of Justice and for the alien shall be given harm to the national security or death or se- ‘‘(1) IN GENERAL.—Subject to paragraph (2), fair opportunity to present argument as to rious bodily injury to any person. the decision of the judge after a special re- whether the evidence is sufficient to justify ‘‘(5) CONTINUATION OF HEARING WITHOUT moval hearing may be appealed by either the the removal of the alien. The attorney for SUMMARY.—If a judge makes the findings de- alien or the Department of Justice to the the Department of Justice shall open the ar- scribed in paragraph (4)(B)— United States Court of Appeals for the Dis- gument. The attorney for the alien shall be ‘‘(A) if the alien involved is an alien law- trict of Columbia Circuit by notice of appeal. permitted to reply. The attorney for the De- fully admitted for permanent residence, the ‘‘(2) AUTOMATIC APPEALS IN CASES OF PER- partment of Justice shall then be permitted procedures described in subsection (c) shall MANENT RESIDENT ALIENS IN WHICH NO SUM- to reply in rebuttal. The judge may allow apply; and MARY PROVIDED.— any part of the argument that refers to evi- ‘‘(B) in all cases the special removal hear- ‘‘(A) IN GENERAL.—Unless the alien waives dence received in camera and ex parte to be ing shall continue, the Department of Jus- the right to a review under this paragraph, heard in camera and ex parte. tice shall cause to be delivered to the alien in any case involving an alien lawfully ad- ‘‘(h) BURDEN OF PROOF.—In the hearing the a statement that no summary is possible, mitted for permanent residence who is de- Department of Justice has the burden of and the classified information submitted in nied a written summary of classified infor- showing by clear and convincing evidence camera and ex parte may be used pursuant mation under section 506(b)(4) and with re- that the alien is subject to removal because to section 505(e). spect to which the procedures described in the alien is an alien terrorist. If the judge ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND section 506(c) apply, any order issued by the finds that the Department of Justice has met CHALLENGES TO CLASSIFIED INFORMATION BY judge shall be reviewed by the Court of Ap- this burden, the judge shall order the alien SPECIAL ATTORNEYS IN CASE OF LAWFUL PER- peals for the District of Columbia Circuit. removed and detained pending removal from MANENT ALIENS.— ‘‘(B) USE OF SPECIAL ATTORNEY.—With re- the United States. If the alien was released ‘‘(1) IN GENERAL.—The procedures described spect to any issue relating to classified infor- pending the special removal hearing, the in this subsection are that the judge (under mation that arises in such review, the alien judge shall order the Attorney General to rules of the special removal court) shall des- shall be represented only by the special at- take the alien into custody. ignate a special attorney (as defined in sec- torney designated under section 506(c)(1) on ‘‘(i) WRITTEN ORDER.—At the time of ren- tion 501(4)), (and the alien facing deportation behalf of the alien. dering a decision as to whether the alien under these procedures, may choose which ‘‘(d) GENERAL PROVISIONS RELATING TO AP- shall be removed, the judge shall prepare a special attorney shall be so designated, if the PEALS.— written order containing a statement of alien makes that choice not later than 45 ‘‘(1) NOTICE.—A notice of appeal pursuant facts found and conclusions of law. Any por- days after the date on which the alien re- to subsection (b) or (c) (other than under tion of the order that would reveal the sub- ceives notice that the Government intends subsection (c)(2)) must be filed within 20 days stance or source of information received in to use such procedures) to assist the alien after the date of the order with respect to camera and ex parte pursuant to subsection and the court— which the appeal is sought, during which (e) shall not be made available to the alien ‘‘(A) by reviewing in camera the classified time the order shall not be executed. or the public. information on behalf of the alien, and ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal ‘‘CONSIDERATION OF CLASSIFIED INFORMATION ‘‘(B) by challenging through an in camera or review to the Court of Appeals pursuant ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA proceeding the veracity of the evidence con- to subsection (b) or (c)— AND EX PARTE.—In any case in which the ap- tained in the classified information. ‘‘(A) the entire record shall be transmitted plication for the order authorizing the spe- ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe- to the Court of Appeals, and cial procedures of this title is approved, the cial attorney receiving classified informa- ‘‘(B) information received pursuant to sec- judge who granted the order shall consider tion under paragraph (1)— tion 505(e), and any portion of the judge’s each item of classified information the De- ‘‘(A) shall not disclosure the information order that would reveal the substance or partment of Justice proposes to introduce in to the alien or to any other attorney rep- source of such information, shall be trans- camera and ex parte at the special removal resenting the alien, and mitted under seal. hearing and shall order the introduction of ‘‘(B) who discloses such information in vio- ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In such information pursuant to section 505(e) lation of subparagraph (A) shall be subject to an appeal or review to the Court of Appeals if the judge determines the information to be a fine under title 18, United States Code, and pursuant to subsection (b) or (c): relevant. imprisoned for not less than 10 years nor ‘‘(A) REVIEW.—The appeal or review shall ‘‘(b) PREPARATION AND PROVISION OF WRIT- more than 25 years. be heard as expeditiously as practicable and TEN SUMMARY.— ‘‘APPEALS the Court may dispense with full briefing ‘‘(1) PREPARATION.—The Department of ‘‘SEC. 507. (a) APPEALS OF DENIALS OF AP- and hear the matter solely on the record of Justice shall prepare a written summary of PLICATIONS FOR ORDERS.—The Department of the judge of the special removal court and on such classified information which does not Justice may seek a review of the denial of an such briefs or motions as the Court may re- pose a risk to national security. order sought in an application by the United quire to be filed by the parties. ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE States Court of Appeals for the District of ‘‘(B) DISPOSITION.—The Court shall uphold AND PROVISION TO ALIEN.—The judge shall ap- Columbia Circuit by notice of appeal which or reverse the judge’s order within 60 days prove the summary so long as the judge finds must be filed within 20 days after the date of after the date of the issuance of the judge’s that the summary is sufficient— such denial. In such a case the entire record final order. ‘‘(A) to inform the alien of the general na- of the proceeding shall be transmitted to the ‘‘(4) STANDARD FOR REVIEW.—In an appeal ture of the evidence that the alien is an alien Court of Appeals under seal and the Court of or review to the Court of Appeals pursuant terrorist, and Appeals shall hear the matter ex parte. In to subsection (b) or (c): ‘‘(B) to permit the alien to prepare a de- such a case the Court of Appeals shall review ‘‘(A) QUESTIONS OF LAW.—The Court of Ap- fense against deportation. questions of law de novo, but a prior finding peals shall review all questions of law de The Department of Justice shall cause to be on any question of fact shall not be set aside novo. delivered to the alien a copy of the sum- unless such finding was clearly erroneous. ‘‘(B) QUESTIONS OF FACT.—(i) Subject to mary. ‘‘(b) APPEALS OF DETERMINATIONS ABOUT clause (ii), a prior finding on any question of ‘‘(3) OPPORTUNITY FOR CORRECTION AND SUMMARIES OF CLASSIFIED INFORMATION.—Ei- fact shall not be set aside unless such finding RESUBMITTAL.—If the judge does not approve ther party may take an interlocutory appeal was clearly erroneous. the summary, the judge shall provide the De- to the United States Court of Appeals for the ‘‘(ii) In the case of a review under sub- partment a reasonable opportunity to cor- District of Columbia Circuit of— section (c)(2) in which an alien lawfully ad- rect the deficiencies identified by the court ‘‘(1) any determination by the judge pursu- mitted for permanent residence was denied a and to submit a revised summary. ant to section 506(a)— written summary of classified information H2154 CONGRESSIONAL RECORD — HOUSE March 13, 1996

under section 506(b)(4), the Court of Appeals ‘‘(1) IN GENERAL.—If a judge of the special ‘‘(1) DELAY IN REMOVAL.—Notwithstanding shall review questions of fact de novo. removal court denies the order sought in an the provisions of subsection (c)(2), the Attor- ‘‘(e) CERTIORARI.—Following a decision by application with respect to an alien and the ney General may hold in abeyance the re- the Court of Appeals pursuant to subsection Department of Justice seeks review of such moval of an alien who has been ordered re- (b) or (c), either the alien or the Department denial, the judge shall release the alien from moved pursuant to this title to allow the of Justice may petition the Supreme Court custody subject to the least restrictive con- trial of such alien on any Federal or State for a writ of certiorari. In any such case, any dition or combination of conditions of re- criminal charge and the service of any sen- information transmitted to the Court of Ap- lease described in section 3142(b) and clauses tence of confinement resulting from such a peals under seal shall, if such information is (i) through (xiv) of section 3142(c)(1)(B) of trial. also submitted to the Supreme Court, be title 18, United States Code, that will reason- ‘‘(2) MAINTENANCE OF CUSTODY.—Pending transmitted under seal. Any order of re- ably assure the appearance of the alien at the commencement of any service of a sen- moval shall not be stayed pending disposi- any future proceeding pursuant to this title tence of confinement by an alien described in tion of a writ of certiorari except as provided and will not endanger the safety of any other paragraph (1), such an alien shall remain in by the Court of Appeals or a Justice of the person or the community. the custody of the Attorney General, unless Supreme Court. ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If the Attorney General determines that tem- ‘‘(f) APPEALS OF DETENTION ORDERS.— the judge finds no such condition or com- porary release of the alien to the custody of ‘‘(1) IN GENERAL.— The provisions of sec- bination of conditions, the alien shall remain State authorities for confinement in a State tions 3145 through 3148 of title 18, United in custody until the completion of any ap- facility is appropriate and would not endan- States Code, pertaining to review and appeal peal authorized by this title. ger national security or public safety. of a release or detention order, penalties for ‘‘(c) CUSTODY AND RELEASE AFTER HEAR- failure to appear, penalties for an offense ‘‘(3) SUBSEQUENT REMOVAL.—Following the ING.— completion of a sentence of confinement by committed while on release, and sanctions ‘‘(1) RELEASE.— for violation of a release condition shall an alien described in paragraph (1) or follow- ‘‘(A) IN GENERAL.—Subject to subparagraph ing the completion of State criminal pro- apply to an alien to whom section 508(b)(1) (B), if the judge decides pursuant to section applies. In applying the previous sentence— ceedings which do not result in a sentence of 505(i) that an alien should not be removed, confinement of an alien released to the cus- ‘‘(A) for purposes of section 3145 of such the alien shall be released from custody. title an appeal shall be taken to the United tody of State authorities pursuant to para- ‘‘(B) CUSTODY PENDING APPEAL.—If the At- graph (2), such an alien shall be returned to States Court of Appeals for the District of torney General takes an appeal from such the custody of the Attorney General who Columbia Circuit, and decision, the alien shall remain in custody, shall proceed to carry out the provisions of ‘‘(B) for purposes of section 3146 of such subject to the provisions of section 3142 of subsection (c)(2) concerning removal of the title the alien shall be considered released in title 18, United States Code. alien. connection with a charge of an offense pun- ‘‘(2) CUSTODY AND REMOVAL.— ‘‘(e) APPLICATION OF CERTAIN PROVISIONS ishable by life imprisonment. ‘‘(A) CUSTODY.—If the judge decides pursu- RELATING TO ESCAPE OF PRISONERS.—For ‘‘(2) NO REVIEW OF CONTINUED DETENTION.— ant to section 505(i) that an alien shall be re- purposes of sections 751 and 752 of title 18, The determinations and actions of the Attor- moved, the alien shall be detained pending ney General pursuant to section 508(c)(2)(C) United States Code, an alien in the custody the outcome of any appeal. After the conclu- of the Attorney General pursuant to this shall not be subject to judicial review, in- sion of any judicial review thereof which af- cluding application for a writ of habeas cor- title shall be subject to the penalties pro- firms the removal order, the Attorney Gen- vided by those sections in relation to a per- pus, except for a claim by the alien that con- eral shall retain the alien in custody and re- son committed to the custody of the Attor- tinued detention violates the alien’s rights move the alien to a country specified under ney General by virtue of an arrest on a under the Constitution. Jurisdiction over subparagraph (B). charge of a felony. any such challenge shall lie exclusively in ‘‘(B) REMOVAL.— ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.— the United States Court of Appeals for the ‘‘(i) IN GENERAL.—The removal of an alien ‘‘(1) FAMILY AND ATTORNEY VISITS.—An District of Columbia Circuit. shall be to any country which the alien shall alien in the custody of the Attorney General ‘‘DETENTION AND CUSTODY designate if such designation does not, in the pursuant to this title shall be given reason- ‘‘SEC. 508. (a) INITIAL CUSTODY.— judgment of the Attorney General, in con- able opportunity to communicate with and ‘‘(1) UPON FILING APPLICATION.—Subject to sultation with the Secretary of State, impair receive visits from members of the alien’s paragraphs (2) and (3), the Attorney General the obligation of the United States under family, and to contact, retain, and commu- may take into custody any alien with re- any treaty (including a treaty pertaining to nicate with an attorney. spect to whom an application under section extradition) or otherwise adversely affect ‘‘(2) DIPLOMATIC CONTACT.—An alien in the 503 has been filed and, notwithstanding any the foreign policy of the United States. custody of the Attorney General pursuant to other provision of law, may retain such an ‘‘(ii) ALTERNATE COUNTRIES.—If the alien this title shall have the right to contact an alien in custody in accordance with the pro- refuses to designate a country to which the appropriate diplomatic or consular official of cedures authorized by this title. alien wishes to be removed or if the Attorney the alien’s country of citizenship or nation- ‘‘(2) SPECIAL RULES FOR PERMANENT RESI- General, in consultation with the Secretary ality or of any country providing representa- DENT ALIENS.—An alien lawfully admitted for of State, determines that removal of the tion services therefore. The Attorney Gen- permanent residence shall be entitled to a alien to the country so designated would im- eral shall notify the appropriate embassy, release hearing before the judge assigned to pair a treaty obligation or adversely affect mission, or consular office of the alien’s de- hear the special removal hearing. Such an United States foreign policy, the Attorney tention.’’. alien shall be detained pending the special General shall cause the alien to be removed (b) JURISDICTION OVER EXCLUSION ORDERS removal hearing, unless the alien dem- to any country willing to receive such alien. FOR ALIEN TERRORISTS.—Section 106(b) of the onstrates to the court that— ‘‘(C) CONTINUED DETENTION.—If no country Immigration and Nationality Act (8 U.S.C. ‘‘(A) the alien, if released upon such terms is willing to receive such an alien, the Attor- 1105a(b)) is amended by adding at the end the and conditions as the court may prescribe ney General may, notwithstanding any other following sentence: ‘‘Jurisdiction to review (including the posting of any monetary provision of law, retain the alien in custody. an order entered pursuant to the provisions amount), is not likely to flee, and The Attorney General, in coordination with of section 235(c) concerning an alien exclud- ‘‘(B) the alien’s release will not endanger the Secretary of State, shall make periodic able under section 212(a)(3)(B) shall rest ex- national security or the safety of any person efforts to reach agreement with other coun- clusively in the United States Court of Ap- or the community. tries to accept such an alien and at least peals for the District of Columbia Circuit.’’. The judge may consider classified informa- every 6 months shall provide to the attorney (c) CRIMINAL PENALTY FOR REENTRY OF tion submitted in camera and ex parte in representing the alien at the special removal ALIEN TERRORISTS.—Section 276(b) of such making a determination under this para- hearing a written report on the Attorney Act (8 U.S.C. 1326(b)) is amended— graph. General’s efforts. Any alien in custody pur- (1) by striking ‘‘or’’ at the end of paragraph ‘‘(3) RELEASE IF ORDER DENIED AND NO RE- suant to this subparagraph shall be released (1), VIEW SOUGHT.— from custody solely at the discretion of the (2) by striking the period at the end of ‘‘(A) IN GENERAL.—Subject to subparagraph Attorney General and subject to such condi- paragraph (2) and inserting ‘‘; or’’, and (B), if a judge of the special removal court tions as the Attorney General shall deem ap- (3) by inserting after paragraph (2) the fol- denies the order sought in an application propriate. lowing new paragraph: with respect to an alien and the Department ‘‘(D) FINGERPRINTING.—Before an alien is ‘‘(3) who has been excluded from the United of Justice does not seek review of such de- transported out of the United States pursu- States pursuant to section 235(c) because the nial, the alien shall be released from cus- ant to this subsection, or pursuant to an alien was excludable under section tody. order of exclusion because such alien is ex- 212(a)(3)(B) or who has been removed from ‘‘(B) APPLICATION OF REGULAR PROCE- cludable under section 212(a)(3)(B), the alien the United States pursuant to the provisions DURES.—Subparagraph (A) shall not prevent shall be photographed and fingerprinted, and of title V, and who thereafter, without the the arrest and detention of the alien pursu- shall be advised of the provisions of section permission of the Attorney General, enters ant to title II. 276(b). the United States or attempts to do so shall ‘‘(b) CONDITIONAL RELEASE IF ORDER DE- ‘‘(d) CONTINUED DETENTION PENDING be fined under title 18, United States Code, NIED AND REVIEW SOUGHT.— TRIAL.— and imprisoned for a period of 10 years, March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2155

which sentence shall not run concurrently submit, for ex parte and in camera review, (c) VOLUNTARY DEPARTURE.—Section with any other sentence.’’. classified information considered in making 244(e)(2) of such Act (8 U.S.C. 1254(e)(2)) is (d) ELIMINATION OF CUSTODY REVIEW BY HA- the designation. The court shall hold unlaw- amended by inserting ‘‘under section BEAS CORPUS.—Section 106(a) of such Act (8 ful and set aside the designation if the court 241(a)(4)(B) or’’ after ‘‘who is deportable’’. U.S.C. 1105a(a)) is amended— finds the designation to be arbitrary, capri- (d) ADJUSTMENT OF STATUS.—Section 245(c) (1) by adding ‘‘and’’ at the end of paragraph cious, an abuse of discretion, or otherwise of such Act (8 U.S.C. 1255(c)) is amended— (8), not in accordance with law, lacking substan- (1) by striking ‘‘or’’ before ‘‘(5)’’, and (2) by striking ‘‘; and’’ at the end of para- tial support in the administrative record (2) by inserting before the period at the end graph (9) and inserting a period, and taken as a whole or in classified information the following: ‘‘, or (6) an alien who is de- (3) by striking paragraph (10). submitted to the court under the previous portable under section 241(a)(4)(B)’’. (e) EFFECTIVE DATE.—The amendments sentence, contrary to constitutional right, (e) REGISTRY.—Section 249(d) of such Act (8 made by this section shall take effect on the power, privilege, or immunity, or not in ac- U.S.C. 1259(d)) is amended by inserting ‘‘and date of the enactment of this Act and shall cord with the procedures required by law. is not deportable under section 241(a)(4)(B)’’ apply to all aliens without regard to the date ‘‘(IV) CONGRESSIONAL AUTHORITY TO REMOVE after ‘‘ineligible to citizenship’’. of entry or attempted entry into the United DESIGNATION.—The Congress reserves the au- (f) EFFECTIVE DATE.—The amendments States. thority to remove, by law, the designation of made by this section shall take effect on the SEC. 602. FUNDING FOR DETENTION AND RE- an organization as a terrorist organization date of the enactment of this Act and shall MOVAL OF ALIEN TERRORISTS. for purposes of this Act. apply to applications filed before, on, or In addition to amounts otherwise appro- ‘‘(V) SUNSET.—Subject to subclause (IV), after such date if final action has not been priated, there are authorized to be appro- the designation under this clause of an orga- taken on them before such date. priated for each fiscal year (beginning with nization as a terrorist organization shall be Subtitle B—Expedited Exclusion fiscal year 1996) $5,000,000 to the Immigration effective for a period of 2 years from the date SEC. 621. INSPECTION AND EXCLUSION BY IMMI- and Naturalization Service for the purpose of of the initial publication of the terrorist or- GRATION OFFICERS. detaining and removing alien terrorists. ganization designation by the Secretary of (a) IN GENERAL.—Subsection (b) of section PART 2—EXCLUSION AND DENIAL OF State. At the end of such period (but no 235 of the Immigration and Nationality Act ASYLUM FOR ALIEN TERRORISTS sooner than 60 days prior to the termination (8 U.S.C. 1225) is amended to read as follows: of the 2-year-designation period), the Sec- SEC. 611. MEMBERSHIP IN TERRORIST ORGANI- ‘‘(b)(1)(A) If the examining immigration of- ZATION AS GROUND FOR EXCLU- retary of State, in consultation with the At- ficer determines that an alien seeking SION. torney General, may redesignate the organi- entry— (a) IN GENERAL.—Section 212(a)(3)(B) of the zation in conformity with the requirements ‘‘(i) is excludable under section 212(a)(6)(C) Immigration and Nationality Act (8 U.S.C. of this clause for designation of the organiza- or 212(a)(7), and 1182(a)(3)(B)) is amended— tion. ‘‘(ii) does not indicate either an intention (1) in clause (i)— ‘‘(VI) OTHER AUTHORITY TO REMOVE DES- to apply for asylum under section 208 or a (A) by striking ‘‘or’’ at the end of IGNATION.—The Secretary of State, in con- fear of persecution, subclause (I), sultation with the Attorney General, may the officer shall order the alien excluded (B) in subclause (II), by inserting ‘‘engaged remove the terrorist organization designa- from the United States without further hear- in or’’ after ‘‘believe,’’, and tion from any organization previously des- ing or review. (C) by inserting after subclause (II) the fol- ignated as such an organization, at any time, ‘‘(B) The examining immigration officer lowing: so long as the Secretary publishes notice of shall refer for an interview by an asylum of- ‘‘(III) is a representative of a terrorist or- the removal in the Federal Register. The ficer under subparagraph (C) any alien who is ganization, or Secretary is not required to report to Con- excludable under section 212(a)(6)(C) or ‘‘(IV) is a member of a terrorist organiza- gress prior to so removing such designation. 212(a)(7) and has indicated an intention to tion which the alien knows or should have ‘‘(v) REPRESENTATIVE DEFINED.—In this apply for asylum under section 208 or a fear known is a terrorist organization,’’; and subparagraph, the term ‘representative’ in- of persecution. (2) by adding at the end the following: cludes an officer, official, or spokesman of ‘‘(C)(i) An asylum officer shall promptly ‘‘(iv) TERRORIST ORGANIZATION DEFINED.— the organization and any person who directs, conduct interviews of aliens referred under ‘‘(I) DESIGNATION.—For purposes of this counsels, commands or induces the organiza- subparagraph (B). Act, the term ‘terrorist organization’ means tion or its members to engage in terrorist ‘‘(ii) If the officer determines at the time a foreign organization designated in the Fed- activity. The determination by the Sec- of the interview that an alien has a credible eral Register as a terrorist organization by retary of State or the Attorney General that fear of persecution (as defined in clause (v)), the Secretary of State, in consultation with an alien is a representative of a terrorist or- the alien shall be detained for an asylum the Attorney General, based upon a finding ganization shall be subject to judicial rehearing before an asylum officer under sec- that the organization engages in, or has en- view.’’. tion 208. gaged in, terrorist activity that threatens (b) EFFECTIVE DATE.—The amendments ‘‘(iii)(I) Subject to subclause (II), if the of- the national security of the United States. made by this section shall take effect on the ficer determines that the alien does not have date of the enactment of this Act. ‘‘(II) PROCESS.—At least 3 days before des- a credible fear of persecution, the officer ignating an organization as a terrorist orga- SEC. 612. DENIAL OF ASYLUM TO ALIEN TERROR- shall order the alien excluded from the Unit- ISTS. nization through publication in the Federal ed States without further hearing or review. (a) IN GENERAL.—Section 208(a) of the Im- Register, the Secretary of State, in consulta- ‘‘(II) The Attorney General shall promul- migration and Nationality Act (8 U.S.C. tion with the Attorney General, shall notify gate regulations to provide for the imme- 1158(a)) is amended by adding at the end the the Committees on the Judiciary of the diate review by a supervisory asylum office following: ‘‘The Attorney General may not House of Representatives and the Senate of at the port of entry of a determination under grant an alien asylum if the Attorney Gen- the intent to make such designation and the subclause (I). eral determines that the alien is excludable findings and basis for designation. The Sec- ‘‘(iv) The Attorney General shall provide under subclause (I), (II), or (III) of section retary of State, in consultation with the At- 212(a)(3)(B)(i) or deportable under section information concerning the asylum inter- torney General, shall create an administra- 241(a)(4)(B).’’. view described in this subparagraph to aliens tive record and may use classified informa- (b) EFFECTIVE DATE.—The amendment who may be eligible. An alien who is eligible tion in making such a designation. Such in- made by subsection (a) shall take effect on for such interview may consult with a person formation is not subject to disclosure so long the date of the enactment of this Act and or persons of the alien’s choosing prior to as it remains classified, except that it may apply to asylum determinations made on or the interview or any review thereof, accord- be disclosed to a court ex parte and in cam- after such date. ing to regulations prescribed by the Attor- era under subclause (III) for purposes of judi- SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN ney General. Such consultation shall be at cial review of such a designation. The Sec- TERRORISTS. no expense to the Government and shall not retary of State, in consultation with the At- (a) WITHHOLDING OF DEPORTATION.—Section delay the process. torney General, shall provide notice and an 243(h)(2) of the Immigration and Nationality ‘‘(v) For purposes of this subparagraph, the opportunity for public comment prior to the Act (8 U.S.C. 1253(h)(2)) is amended by adding term ‘credible fear of persecution’ means (I) creation of the administrative record under at the end the following new sentence: ‘‘For that it is more probable than not that the this subclause. purposes of subparagraph (D), an alien who is statements made by the alien in support of ‘‘(III) JUDICIAL REVIEW.—Any organization described in section 241(a)(4)(B) shall be con- the alien’s claim are true, and (II) that there designated as a terrorist organization under sidered to be an alien for whom there are is a significant possibility, in light of such the preceding provisions of this clause may, reasonable grounds for regarding as a danger statements and of such other facts as are not later than 30 days after the date of the to the security of the United States.’’. known to the officer, that the alien could es- designation, seek judicial review thereof in (b) SUSPENSION OF DEPORTATION.—Section tablish eligibility for asylum under section the United States Court of Appeals for the 244(a) of such Act (8 U.S.C. 1254(a)) is amend- 208. District of Columbia Circuit. Such review ed by striking ‘‘section 241(a)(4)(D)’’ and in- ‘‘(D) As used in this paragraph, the term shall be based solely upon the administrative serting ‘‘subparagraph (B) or (D) of section ‘asylum officer’ means an immigration offi- record, except that the Government may 241(a)(4)’’. cer who— H2156 CONGRESSIONAL RECORD — HOUSE March 13, 1996 ‘‘(i) has had professional training in coun- ‘‘(A) whether the petitioner is an alien, if ‘‘(II) for criminal law enforcement pur- try conditions, asylum law, and interview the petitioner makes a showing that the pe- poses against the alien whose application is techniques; and titioner’s claim of United States nationality to be disclosed if the alleged criminal activ- ‘‘(ii) is supervised by an officer who meets is not frivolous; ity occurred after the legalization applica- the condition in clause (i). ‘‘(B) whether the petitioner was ordered tion was filed and such activity involves ter- ‘‘(E)(i) An exclusion order entered in ac- specially excluded under section 235(b)(1)(A); rorist activity or poses either an immediate cordance with subparagraph (A) is not sub- and risk to life or to national security, or would ject to administrative appeal, except that ‘‘(C) whether the petitioner can prove by a be prosecutable as an aggravated felony, but the Attorney General shall provide by regu- preponderance of the evidence that the peti- without regard to the length of sentence lation for prompt review of such an order tioner is an alien lawfully admitted for per- that could be imposed on the applicant’’. against an alien who claims under oath, or manent residence and is entitled to such re- (b) SPECIAL AGRICULTURAL WORKER PRO- as permitted under penalty of perjury under view as is provided by the Attorney General GRAM.—Section 210(b) of such Act (8 U.S.C. section 1746 of title 28, United States Code, pursuant to section 235(b)(1)(E)(i). 1160(b)) is amended— after having been warned of the penalties for ‘‘(3) In any case where the court deter- (1) in paragraph (5), by inserting ‘‘, except falsely making such claim under such condi- mines that an alien was not ordered spe- as allowed by a court order issued pursuant tions, to have been lawfully admitted for cially excluded, or was not properly subject to paragraph (6)’’ after ‘‘consent of the permanent residence. to special exclusion under the regulations alien’’, and ‘‘(ii) In any action brought against an alien adopted by the Attorney General, the court (2) in paragraph (6), by inserting after sub- under section 275(a) or section 276, the court may order no relief beyond requiring that paragraph (C) the following: shall not have jurisdiction to hear any claim the alien receive a hearing in accordance ‘‘Notwithstanding the previous sentence, the attacking the validity of an order of exclu- with section 236, or a determination in ac- Attorney General may authorize an applica- sion entered under subparagraph (A). cordance with section 235(c) or 273(d). tion to a Federal court of competent juris- ‘‘(2)(A) Except as provided in subparagraph ‘‘(4) In determining whether an alien has diction for, and a judge of such court may (B), if the examining immigration officer de- been ordered specially excluded, the court’s grant, an order authorizing disclosure of in- termines that an alien seeking entry is not inquiry shall be limited to whether such an formation contained in the application of clearly and beyond a doubt entitled to enter, order was in fact issued and whether it re- the alien to be used (i) for identification of the alien shall be detained for a hearing be- lates to the petitioner.’’. the alien when there is reason to believe that fore a special inquiry officer. (b) PRECLUSION OF COLLATERAL ATTACKS.— the alien has been killed or severely inca- ‘‘(B) The provisions of subparagraph (A) Section 235 of such Act (8 U.S.C. 1225) is pacitated, or (ii) for criminal law enforce- shall not apply— amended by adding at the end the following ment purposes against the alien whose appli- ‘‘(i) to an alien crewman, new subsection: cation is to be disclosed if the alleged crimi- ‘‘(ii) to an alien described in paragraph ‘‘(d) In any action brought for the assess- nal activity occurred after the special agri- (1)(A) or (1)(C)(iii)(I), or ment of penalties for improper entry or re- cultural worker application was filed and ‘‘(iii) if the conditions described in section entry of an alien under section 275 or section such activity involves terrorist activity or 273(d) exist. 276, no court shall have jurisdiction to hear ‘‘(3) The decision of the examining immi- claims collaterally attacking the validity of poses either an immediate risk to life or to gration officer, if favorable to the admission orders of exclusion, special exclusion, or de- national security, or would be prosecutable of any alien, shall be subject to challenge by portation entered under this section or sec- as an aggravated felony, but without regard any other immigration officer and such chal- tions 236 and 242.’’. to the length of sentence that could be im- lenge shall operate to take the alien whose (c) CLERICAL AMENDMENT.—The item relat- posed on the applicant.’’. privilege to enter is so challenged, before a ing to section 106 in the table of contents of SEC. 632. WAIVER AUTHORITY CONCERNING NO- special inquiry officer for a hearing on exclu- such Act is amended to read as follows: TICE OF DENIAL OF APPLICATION FOR VISAS. sion of the alien.’’. ‘‘Sec. 106. Judicial review of orders of depor- Section 212(b) of the Immigration and Na- (b) CONFORMING AMENDMENT.—Section tation and exclusion, and spe- tionality Act (8 U.S.C. 1182(b)) is amended— 237(a) of such Act (8 U.S.C. 1227(a)) is amend- cial exclusion.’’. ed— (1) by redesignating paragraphs (1) and (2) SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT as subparagraphs (A) and (B); (1) in the second sentence of paragraph (1), BEEN INSPECTED AND ADMITTED. (2) by striking ‘‘If’’ and inserting ‘‘(1) Sub- by striking ‘‘Deportation’’ and inserting (a) IN GENERAL.—Section 241 of the Immi- ject to paragraph (2), if’’; and ‘‘Subject to section 235(b)(1), deportation’’, gration and Nationality Act (8 U.S.C. 1251) is and amended by adding at the end the following (3) by adding at the end the following new (2) in the first sentence of paragraph (2), by new subsection: paragraph: striking ‘‘If’’ and inserting ‘‘Subject to sec- ‘‘(d) Notwithstanding any other provision ‘‘(2) With respect to applications for visas, tion 235(b)(1), if’’. of this title, an alien found in the United the Secretary of State may waive the appli- (c) EFFECTIVE DATE.—The amendments States who has not been admitted to the cation of paragraph (1) in the case of a par- made by this section shall take effect on the United States after inspection in accordance ticular alien or any class or classes of aliens first day of the first month that begins more with section 235 is deemed for purposes of excludable under subsection (a)(2) or (a)(3).’’. than 90 days after the date of the enactment this Act to be seeking entry and admission PART 2—ASSET FORFEITURE FOR of this Act. to the United States and shall be subject to PASSPORT AND VISA OFFENSES SEC. 622. JUDICIAL REVIEW. examination and exclusion by the Attorney SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT (a) PRECLUSION OF JUDICIAL REVIEW.—Sec- General under chapter 4. In the case of such AND VISA RELATED OFFENSES. tion 106 of the Immigration and Nationality an alien the Attorney General shall provide Section 982 of title 18, United States Code, Act (8 U.S.C. 1105a) is amended— by regulation an opportunity for the alien to is amended— (1) by amending the section heading to establish that the alien was so admitted.’’. (1) in subsection (a), by inserting after read as follows: (b) EFFECTIVE DATE.—The amendment paragraph (5) the following new paragraph: ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION made by subsection (a) shall take effect on ‘‘(6) The court, in imposing sentence on a AND EXCLUSION, AND SPECIAL EXCLUSION’’; and the first day of the first month beginning person convicted of a violation of, or conspir- more than 90 days after the date of the en- acy to violate, section 1541, 1542, 1543, 1544, or (2) by adding at the end the following new actment of this Act. 1546 of this title, or a violation of, or conspir- subsection: ‘‘(e)(1) Notwithstanding any other provi- Subtitle C—Improved Information and acy to violate, section 1028 of this title if sion of law, and except as provided in this Processing committed in connection with passport or subsection, no court shall have jurisdiction PART 1—IMMIGRATION PROCEDURES visa issuance or use, shall order that the per- to review any individual determination, or SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL son forfeit to the United States any prop- to entertain any other cause or claim, aris- INS FILES THROUGH COURT ORDER. erty, real or personal, which the person used, ing from or relating to the implementation (a) LEGALIZATION PROGRAM.—Section or intended to be used, in committing, or fa- or operation of section 235(b)(1). Regardless 245A(c)(5) of the Immigration and National- cilitating the commission of, the violation, of the nature of the action or claim, or the ity Act (8 U.S.C. 1255a(c)(5)) is amended— and any property constituting, or derived party or parties bringing the action, no (1) by inserting ‘‘(i)’’ after ‘‘except that the from, or traceable to, any proceeds the per- court shall have jurisdiction or authority to Attorney General’’, and son obtained, directly or indirectly, as a re- enter declaratory, injunctive, or other equi- (2) by inserting after ‘‘title 13, United sult of such violation.’’; and table relief not specifically authorized in States Code’’ the following: ‘‘and (ii) may au- (2) in subsection (b)(1)(B), by inserting ‘‘or this subsection nor to certify a class under thorize an application to a Federal court of (a)(6)’’ after ‘‘(a)(2)’’. Rule 23 of the Federal Rules of Civil Proce- competent jurisdiction for, and a judge of SEC. 642. SUBPOENAS FOR BANK RECORDS. dure. such court may grant, an order authorizing Section 986(a) of title 18, United States ‘‘(2) Judicial review of any cause, claim, or disclosure of information contained in the Code, is amended by inserting ‘‘1028, 1541, individual determination covered under application of the alien to be used— 1542, 1543, 1544, 1546,’’ before ‘‘1956’’. paragraph (1) shall only be available in ha- ‘‘(I) for identification of the alien when SEC. 643. EFFECTIVE DATE. beas corpus proceedings, and shall be limited there is reason to believe that the alien has The amendments made by this subtitle to determinations of— been killed or severely incapacitated; or shall take effect on the first day of the first March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2157 month that begins more than 90 days after ‘‘(O) an offense described in section 275(a) shall have jurisdiction to review any other the date of the enactment of this Act. or 276 committed by an alien who was pre- issue.’’. Subtitle D—Employee Verification by viously deported on the basis of a conviction (c) PRESUMPTION OF DEPORTABILITY.—Sec- Security Services Companies for an offense described in another subpara- tion 242A of the Immigration and National- SEC. 651. PERMITTING SECURITY SERVICES COM- graph of this paragraph;’’; and ity Act (8 U.S.C. 1252a) is amended by insert- PANIES TO REQUEST ADDITIONAL (8) by inserting after subparagraph (Q), as ing after subsection (b) the following new DOCUMENTATION. so redesignated, the following new subpara- subsection: (a) IN GENERAL.—Section 274B(a)(6) of the graphs: ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An Immigration and Nationality Act (8 U.S.C. ‘‘(R) an offense relating to commercial alien convicted of an aggravated felony shall 1324b(a)(6)) is amended— bribery, counterfeiting, forgery, or traffick- be conclusively presumed to be deportable (1) by striking ‘‘For purposes’’ and inserting in vehicles the identification numbers of from the United States.’’. ing ‘‘(A) Except as provided in subparagraph which have been altered for which a sentence (d) EFFECTIVE DATE.—The amendments (B), for purposes’’, and of 5 years’ imprisonment or more may be im- made by this section shall apply to all aliens (2) by adding at the end the following new posed; against whom deportation proceedings are subparagraph: ‘‘(S) an offense relating to obstruction of initiated after the date of the enactment of ‘‘(B) Subparagraph (A) shall not apply to a justice, perjury or subornation of perjury, or this Act. request made in connection with an individ- bribery of a witness, for which a sentence of SEC. 664. RESTRICTING THE DEFENSE TO EXCLU- ual seeking employment in a company (or di- 5 years’ imprisonment or more may be im- SION BASED ON 7 YEARS PERMA- vision of a company) engaged in the business posed; NENT RESIDENCE FOR CERTAIN of providing security services to protect per- ‘‘(T) an offense relating to a failure to ap- CRIMINAL ALIENS. sons, institutions, buildings, or other pos- pear before a court pursuant to a court order The last sentence of section 212(c) of the sible targets of international terrorism (as to answer to or dispose of a charge of a fel- Immigration and Nationality Act (8 U.S.C. defined in section 2331(1) of title 18, United ony for which a sentence of 2 years’ impris- 1182(c)) is amended by striking ‘‘has served States Code).’’. onment or more may be imposed; and’’. for such felony or felonies’’ and all that fol- (b) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments lows through the period and inserting ‘‘has made by subsection (a) shall apply to remade by subsection (a) shall apply to convic- been sentenced for such felony or felonies to quests for documents made on or after the tions entered on or after the date of the en- a term of imprisonment of at least 5 years, if date of the enactment of this Act with re- actment of this Act, except that the amend- the time for appealing such conviction or spect to individuals who are or were hired ment made by subsection (a)(3) shall take ef- sentence has expired and the sentence has before, on, or after the date of the enactment fect as if included in the enactment of sec- become final.’’. of this Act. tion 222 of the Immigration and Nationality SEC. 665. LIMITATION ON COLLATERAL ATTACKS Subtitle E—Criminal Alien Deportation Technical Corrections Act of 1994. ON UNDERLYING DEPORTATION ORDER. Improvements SEC. 663. DEPORTATION PROCEDURES FOR CER- N ENERAL SEC. 661. SHORT TITLE. TAIN CRIMINAL ALIENS WHO ARE (a) I G .—Section 276 of the Immi- This subtitle may be cited as the ‘‘Crimi- NOT PERMANENT RESIDENTS. gration and Nationality Act (8 U.S.C. 1326) is nal Alien Deportation Improvements Act of (a) ADMINISTRATIVE HEARINGS.—Section amended by adding at the end the following 1995’’. 242A(b) of the Immigration and Nationality new subsection: ‘‘(c) In a criminal proceeding under this SEC. 662. ADDITIONAL EXPANSION OF DEFINI- Act (8 U.S.C. 1252a(b)), as added by section TION OF AGGRAVATED FELONY. 130004(a) of the Violent Crime Control and section, an alien may not challenge the va- (a) IN GENERAL.—Section 101(a)(43) of the Law Enforcement Act of 1994 (Public Law lidity of the deportation order described in Immigration and Nationality Act (8 U.S.C. 103–322), is amended— subsection (a)(1) or subsection (b) unless the 1101(a)(43)), as amended by section 222 of the (1) in paragraph (2)— alien demonstrates that— Immigration and Nationality Technical Cor- (A) by striking ‘‘and’’ at the end of sub- ‘‘(1) the alien exhausted any administra- rections Act of 1994 (Public Law 103–416), is paragraph (A) and inserting ‘‘or’’, and tive remedies that may have been available amended— (B) by amending subparagraph (B) to read to seek relief against the order; (1) in subparagraph (J), by inserting ‘‘, or as follows: ‘‘(2) the deportation proceedings at which an offense described in section 1084 (if it is a ‘‘(B) had permanent resident status on a the order was issued improperly deprived the second or subsequent offense) or 1955 of that conditional basis (as described in section 216) alien of the opportunity for judicial review; title (relating to gambling offenses),’’ after at the time that proceedings under this sec- and ‘‘corrupt organizations)’’; tion commenced.’’; ‘‘(3) the entry of the order was fundamen- (2) in subparagraph (K)— (2) in paragraph (3), by striking ‘‘30 cal- tally unfair.’’. (A) by striking ‘‘or’’ at the end of clause endar days’’ and inserting ‘‘14 calendar (b) EFFECTIVE DATE.—The amendment (i), days’’; made by subsection (a) shall apply to crimi- (B) by redesignating clause (ii) as clause (3) in paragraph (4)(B), by striking nal proceedings initiated after the date of (iii), and ‘‘proccedings’’ and inserting ‘‘proceedings’’; the enactment of this Act. (C) by inserting after clause (i) the follow- (4) in paragraph (4)— SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYS- ing new clause: (A) by redesignating subparagraphs (D) and TEM. ‘‘(ii) is described in section 2421, 2422, or (E) as subparagraphs (F) and (G), respec- Section 130002(a) of the Violent Crime Con- 2423 of title 18, United States Code (relating tively; and trol and Law Enforcement Act of 1994 (Public to transportation for the purpose of prostitu- (B) by adding after subparagraph (C) the Law 103–322) is amended to read as follows: tion) for commercial advantage; or’’; following new subparagraphs: ‘‘(a) OPERATION AND PURPOSE.—The Com- (3) by amending subparagraph (N) to read ‘‘(D) such proceedings are conducted in, or missioner of Immigration and Naturalization as follows: translated for the alien into, a language the shall, under the authority of section ‘‘(N) an offense described in paragraph alien understands; 242(a)(3)(A) of the Immigration and National- (1)(A) or (2) of section 274(a) (relating to ‘‘(E) a determination is made for the ity Act (8 U.S.C. 1252(a)(3)(A)), operate a alien smuggling) for which the term of im- record at such proceedings that the individ- criminal alien identification system. The prisonment imposed (regardless of any sus- ual who appears to respond in such a pro- criminal alien identification system shall be pension of imprisonment) is at least 5 ceeding is an alien subject to such an expe- used to assist Federal, State, and local law years;’’; dited proceeding under this section and is, in enforcement agencies in identifying and lo- (4) by amending subparagraph (O) to read fact, the alien named in the notice for such cating aliens who may be subject to deporta- as follows: proceeding;’’. tion by reason of their conviction of aggra- ‘‘(O) an offense (i) which either is falsely (5) by adding at the end the following new vated felonies.’’. making, forging, counterfeiting, mutilating, paragraph: SEC. 667. ESTABLISHING CERTAIN ALIEN SMUG- or altering a passport or instrument in viola- ‘‘(5) No alien described in this section shall GLING-RELATED CRIMES AS RICO- tion of section 1543 of title 18, United States be eligible for any relief from deportation PREDICATE OFFENSES. Code, or is described in section 1546(a) of that the Attorney General may grant in the Section 1961(1) of title 18, United States such title (relating to document fraud) and Attorney General’s discretion.’’. Code, is amended— (ii) for which the term of imprisonment im- (b) LIMIT ON JUDICIAL REVIEW.—Subsection (1) by inserting ‘‘section 1028 (relating to posed (regardless of any suspension of such (d) of section 106 of the Immigration and Na- fraud and related activity in connection with imprisonment) is at least 18 months;’’ tionality Act (8 U.S.C. 1105a), as added by identification documents) if the act indict- (5) in subparagraph (P), by striking ‘‘15 section 130004(b) of the Violent Crime Con- able under section 1028 was committed for years’’ and inserting ‘‘5 years’’, and by strik- trol and Law Enforcement Act of 1994 (Public the purpose of financial gain,’’ before ‘‘sec- ing ‘‘and’’ at the end; Law 103–322), is amended to read as follows: tion 1029’’; (6) by redesignating subparagraphs (O), (P), ‘‘(d) Notwithstanding subsection (c), a peti- (2) by inserting ‘‘section 1542 (relating to and (Q) as subparagraphs (P), (Q), and (U), re- tion for review or for habeas corpus on behalf false statement in application and use of spectively; of an alien described in section 242A(c) may passport) if the act indictable under section (7) by inserting after subparagraph (N) the only challenge whether the alien is in fact an 1542 was committed for the purpose of finan- following new subparagraph: alien described in such section, and no court cial gain, section 1543 (relating to forgery or H2158 CONGRESSIONAL RECORD — HOUSE March 13, 1996 false use of passport) if the act indictable procedural right or benefit that is legally en- (5) Any recommendations of appropriate under section 1543 was committed for the forceable by any party against the United officials of the Mexican Government on pro- purpose of financial gain, section 1544 (relat- States or its agencies or officers or any other grams to achieve the goals of, and ensure full ing to misuse of passport) if the act indict- person.’’. compliance with, the Treaty. able under section 1544 was committed for (2) Section 225 of the Immigration and Na- (6) An assessment of whether the rec- the purpose of financial gain, section 1546 tionality Technical Corrections Act of 1994 ommendations under this subsection require (relating to fraud and misuse of visas, per- (Public Law 103–416) is amended by striking the renegotiation of the Treaty. mits, and other documents) if the act indict- ‘‘and nothing in’’ and all that follows (7) The additional funds required to imple- able under section 1546 was committed for through ‘‘1252(i))’’. ment each recommendation under this sub- the purpose of financial gain, sections 1581– (3) The amendments made by this subsection. 1588 (relating to peonage and slavery),’’ after section shall take effect as if included in the SEC. 674. JUSTICE DEPARTMENT ASSISTANCE IN ‘‘section 1513 (relating to retaliating against enactment of the Immigration and National- BRINGING TO JUSTICE ALIENS WHO a witness, victim, or an informant),’’; ity Technical Corrections Act of 1994 (Public FLEE PROSECUTION FOR CRIMES IN (3) by striking ‘‘or’’ before ‘‘(E)’’; and Law 103–416). THE UNITED STATES. (4) by inserting before the period at the end SEC. 672. CONSTRUCTION OF EXPEDITED DEPOR- (a) ASSISTANCE TO STATES.—The Attorney the following: ‘‘, or (F) any act which is in- TATION REQUIREMENTS. General, in cooperation with the Commis- dictable under the Immigration and Nation- No amendment made by this Act shall be sioner of Immigration and Naturalization ality Act, section 274 (relating to bringing in construed to create any substantive or pro- and the Secretary of State, shall designate and harboring certain aliens), section 277 (re- cedural right or benefit that is legally en- an office within the Department of Justice lating to aiding or assisting certain aliens to forceable by any party against the United to provide technical and prosecutorial assist- enter the United States), or section 278 (re- States or its agencies or officers or any other ance to States and political subdivisions of lating to importation of alien for immoral person. States in efforts to bring to justice aliens purpose) if the act indictable under such sec- SEC. 673. STUDY OF PRISONER TRANSFER TREA- who flee prosecution for crimes in the United tion of such Act was committed for the pur- TY WITH MEXICO. States. pose of financial gain’’. (a) REPORT TO CONGRESS.—Not later than (b) REPORT TO CONGRESS.—Not later than 180 days after the date of the enactment of SEC. 668. AUTHORITY FOR ALIEN SMUGGLING IN- one year after the date of the enactment of VESTIGATIONS. this Act, the Secretary of State and the At- this Act, the Attorney General shall compile Section 2516(1) of title 18, United States torney General shall submit to the Congress and submit to the Congress a report which Code, is amended— a report that describes the use and effective- assesses the nature and extent of the prob- (1) by striking ‘‘and’’ at the end of para- ness of the Prisoner Transfer Treaty with lem of bringing to justice aliens who flee graph (n), Mexico (in this section referred to as the prosecution for crimes in the United States. (2) by redesignating paragraph (o) as para- ‘‘Treaty’’) to remove from the United States SEC. 675. PRISONER TRANSFER TREATIES. aliens who have been convicted of crimes in graph (p), and (a) NEGOTIATION.—Congress advises the the United States. (3) by inserting after paragraph (n) the fol- President to begin to negotiate and renego- (b) USE OF TREATY.—The report under sub- tiate, not later than 90 days after the date of lowing new paragraph: section (a) shall include the following infor- the enactment of this Act, bilateral prisoner ‘‘(o) a felony violation of section 1028 (re- mation: transfer treaties. The focus of such negotia- lating to production of false identification (1) The number of aliens convicted of a tions shall be to expedite the transfer of documents), section 1542 (relating to false criminal offense in the United States since aliens unlawfully in the United States who statements in passport applications), section November 30, 1977, who would have been or are incarcerated in United States prisons, to 1546 (relating to fraud and misuse of visas, are eligible for transfer pursuant to the ensure that a transferred prisoner serves the permits, and other documents) of this title Treaty. balance of the sentence imposed by the Unit- or a violation of section 274, 277, or 278 of the (2) The number of aliens described in para- ed States courts, and to eliminate any re- Immigration and Nationality Act (relating graph (1) who have been transferred pursuant quirement of prisoner consent to such a to the smuggling of aliens); or’’. to the Treaty. transfer. SEC. 669. EXPANSION OF CRITERIA FOR DEPOR- (3) The number of aliens described in para- (b) CERTIFICATION.—The President shall TATION FOR CRIMES OF MORAL graph (2) who have been incarcerated in full TURPITUDE. submit to the Congress, annually, a certifi- compliance with the Treaty. (a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) cation as to whether each prisoner transfer (4) The number of aliens who are incarcer- of the Immigration and Nationality Act (8 treaty in force is effective in returning ated in a penal institution in the United U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read aliens unlawfully in the United States who States who are eligible for transfer pursuant as follows: have committed offenses for which they are to the Treaty. ‘‘(II) is convicted of a crime for which a incarcerated in the United States to their (5) The number of aliens described in para- sentence of one year or longer may be im- country of nationality for further incarcer- graph (4) who are incarcerated in State and posed,’’. ation. local penal institutions. (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVENESS OF TREATY.—The report SEC. 676. INTERIOR REPATRIATION PROGRAM. made by subsection (a) shall apply to aliens under subsection (a) shall include the rec- Not later than 180 days after the date of against whom deportation proceedings are ommendations of the Secretary of State and enactment of this Act, the Attorney General initiated after the date of the enactment of the Attorney General to increase the effec- and the Commissioner of Immigration and this Act. tiveness and use of, and full compliance Naturalization shall develop and implement SEC. 670. PAYMENTS TO POLITICAL SUBDIVI- with, the Treaty. In considering the rec- a program in which aliens who previously SIONS FOR COSTS OF INCARCERAT- ommendations under this subsection, the have illegally entered the United States not ING ILLEGAL ALIENS. Secretary and the Attorney General shall less than 3 times and are deported or re- Amounts appropriated to carry out section consult with such State and local officials in turned to a country contiguous to the United 501 of the Immigration Reform and Control areas disproportionately impacted by aliens States will be returned to locations not less Act of 1986 for fiscal year 1995 shall be avail- convicted of criminal offenses as the Sec- than 500 kilometers from that country’s bor- able to carry out section 242(j) of the Immi- retary and the Attorney General consider ap- der with the United States. gration and Nationality Act in that fiscal propriate. Such recommendations shall ad- SEC. 677. DEPORTATION OF NONVIOLENT OF- year with respect to undocumented criminal dress the following areas: FENDERS PRIOR TO COMPLETION aliens incarcerated under the authority of (1) Changes in Federal laws, regulations, OF SENTENCE OF IMPRISONMENT. political subdivisions of a State. and policies affecting the identification, (a) IN GENERAL.—Section 242(h) of the Im- SEC. 671. MISCELLANEOUS PROVISIONS. prosecution, and deportation of aliens who migration and Nationality Act (8 U.S.C. (a) USE OF ELECTRONIC AND TELEPHONIC have committed a criminal offense in the 1252(h)) is amended to read as follows: MEDIA IN DEPORTATION HEARINGS.—The sec- United States. ‘‘(h)(1) Except as provided in paragraph (2), ond sentence of section 242(b) of the Immi- (2) Changes in State and local laws, regula- an alien sentenced to imprisonment may not gration and Nationality Act (8 U.S.C. 1252(b)) tions, and policies affecting the identifica- be deported until such imprisonment has is amended by inserting before the period the tion, prosecution, and deportation of aliens been terminated by the release of the alien following: ‘‘; except that nothing in this sub- who have committed a criminal offense in from confinement. Parole, supervised re- section shall preclude the Attorney General the United States. lease, probation, or possibility of rearrest or from authorizing proceedings by electronic (3) Changes in the Treaty that may be nec- further confinement in respect of the same or telephonic media (with the consent of the essary to increase the number of aliens con- offense shall not be a ground for deferral of alien) or, where waived or agreed to by the victed of crimes who may be transferred pur- deportation. parties, in the absence of the alien’’. suant to the Treaty. ‘‘(2) The Attorney General is authorized to (b) CODIFICATION.— (4) Methods for preventing the unlawful re- deport an alien in accordance with applica- (1) Section 242(i) of such Act (8 U.S.C. entry into the United States of aliens who ble procedures under this Act prior to the 1252(i)) is amended by adding at the end the have been convicted of criminal offenses in completion of a sentence of imprisonment— following: ‘‘Nothing in this subsection shall the United States and transferred pursuant ‘‘(A) in the case of an alien in the custody be construed to create any substantive or to the Treaty. of the Attorney General, if the Attorney March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2159 General determines that (i) the alien is con- (2) to develop standards to ensure the ade- ‘‘(e) For purposes of paragraph (7) of sub- fined pursuant to a final conviction for a quacy of products produced and compatibil- section (a)— nonviolent offense (other than alien smug- ity with relevant national systems; and ‘‘(1) the terms ‘torture’ and ‘extrajudicial gling), and (ii) such deportation of the alien (3) to identify and assess requirements for killing’ have the meaning given those terms is appropriate and in the best interest of the technologies to assist State and local law en- in section 3 of the Torture Victim Protection United States; or forcement in the national program to com- Act of 1991; ‘‘(B) in the case of an alien in the custody bat terrorism. ‘‘(2) the term ‘hostage taking’ has the of a State (or a political subdivision of a TITLE VIII—MISCELLANEOUS meaning given that term in Article 1 of the International Convention Against the Tak- State), if the chief State official exercising SEC. 801. STUDY OF STATE LICENSING REQUIRE- authority with respect to the incarceration MENTS FOR THE PURCHASE AND ing of Hostages; and of the alien determines that (i) the alien is USE OF HIGH EXPLOSIVES. ‘‘(3) the term ‘aircraft sabotage’ has the confined pursuant to a final conviction for a The Secretary of the Treasury, in con- meaning given that term in Article 1 of the nonviolent offense (other than alien smug- sultation with the Federal Bureau of Inves- Convention for the Suppression of Unlawful gling), (ii) such deportation is appropriate tigation, shall conduct a study of State li- Acts Against the Safety of Civil Aviation.’’. and in the best interest of the State, and (iii) censing requirements for the purchase and (b) EXCEPTION TO IMMUNITY FROM ATTACH- submits a written request to the Attorney use of commercial high explosives, including MENT.— General that such alien be so deported. detonators, detonating cords, dynamite, (1) FOREIGN STATE.—Section 1610(a) of title ‘‘(3) Any alien deported pursuant to this water gel, emulsion, blasting agents, and 28, United States Code, is amended— subsection shall be notified of the penalties boosters. Not later than 180 days after the (A) by striking the period at the end of under the laws of the United States relating date of the enactment of this Act, the Sec- paragraph (6) and inserting ‘‘, or’’; and to the reentry of deported aliens, particu- retary shall report to Congress the results of (B) by adding at the end the following new larly the expanded penalties for aliens de- this study, together with any recommenda- paragraph: ported under paragraph (2).’’. tions the Secretary determines are appro- ‘‘(7) the judgment relates to a claim for which the foreign state is not immune under (b) REENTRY OF ALIEN DEPORTED PRIOR TO priate. section 1605(a)(7), regardless of whether the COMPLETION OF TERM OF IMPRISONMENT.— SEC. 802. COMPENSATION OF VICTIMS OF TER- Section 276 of the Immigration and National- RORISM. property is or was involved with the act upon ity Act (8 U.S.C. 1326) amended by adding at (a) REQUIRING COMPENSATION FOR TERROR- which the claim is based.’’. (2) AGENCY OR INSTRUMENTALITY.—Section the end the following new subsection: IST CRIMES.—Section 1403(d)(3) of the Victims 1610(b)(2) of such title is amended— ‘‘(c) Any alien deported pursuant to sec- of Crime Act of 1984 (42 U.S.C. 10603(d)(3)) is (A) by striking ‘‘or (5)’’ and inserting ‘‘(5), tion 242(h)(2) who enters, attempts to enter, amended— or (7)’’; and or is at any time found in, the United States (1) by inserting ‘‘crimes involving terror- (B) by striking ‘‘used for the activity’’ and (unless the Attorney General has expressly ism,’’ before ‘‘driving while intoxicated’’; inserting ‘‘involved in the act’’. consented to such alien’s reentry) shall be and (2) by inserting a comma after ‘‘driving (c) APPLICABILITY.—The amendments made incarcerated for the remainder of the sen- by this title shall apply to any cause of ac- tence of imprisonment which was pending at while intoxicated’’. (b) FOREIGN TERRORISM.—Section tion arising before, on, or after the date of the time of deportation without any reduc- 1403(b)(6)(B) of the Victims of Crime Act of the enactment of this Act. tion for parole or supervised release. Such 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by SEC. 804. STUDY OF PUBLICLY AVAILABLE IN- alien shall be subject to such other penalties inserting ‘‘are outside the United States (if STRUCTIONAL MATERIAL ON THE relating to the reentry of deported aliens as the compensable crime is terrorism, as de- MAKING OF BOMBS, DESTRUCTIVE may be available under this section or any fined in section 2331 of title 18, United States DEVICES, AND WEAPONS OF MASS DESTRUCTION. other provision of law.’’. Code), or’’ before ‘‘are States not having’’. (a) STUDY.—The Attorney General, in con- TITLE VII—AUTHORIZATION AND SEC. 803. JURISDICTION FOR LAWSUITS AGAINST sultation with such other officials and indi- FUNDING TERRORIST STATES. viduals as the Attorney General deems ap- SEC. 701. FIREFIGHTER AND EMERGENCY SERV- (a) EXCEPTION TO FOREIGN SOVEREIGN IMMU- propriate, shall conduct a study concern- ICES TRAINING. NITY FOR CERTAIN CASES.—Section 1605 of ing— title 28, United States Code, is amended— The Attorney General may award grants in (1) the extent to which there are available (1) in subsection (a)— consultation with the Federal Emergency to the public material in any medium (in- (A) by striking ‘‘or’’ at the end of para- Management Agency for the purposes of pro- cluding print, electronic, or film) that in- graph (5); viding specialized training or equipment to structs how to make bombs, other destruc- (B) by striking the period at the end of enhance the capability of metropolitan fire tive devices, and weapons of mass destruc- paragraph (6) and inserting ‘‘; or’’; and and emergency service departments to re- tion; (C) by adding at the end the following new spond to terrorist attacks. To carry out the (2) the extent to which information gained paragraph: purposes of this section, there is authorized from such material has been used in inci- ‘‘(7) not otherwise covered by paragraph to be appropriated $5,000,000 for fiscal year dents of domestic and international terror- (2), in which money damages are sought 1996. ism; against a foreign state for personal injury or SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES (3) the likelihood that such information death that was caused by an act of torture, TO PROCURE EXPLOSIVE DETEC- may be used in future incidents of terrorism; extrajudicial killing, aircraft sabotage, hos- TION DEVICES AND OTHER and tage taking, or the provision of material sup- COUNTER-TERRORISM TECH- (4) the application of existing Federal laws NOLOGY. port or resources (as defined in section 2339A to such material, the need and utility, if There is authorized to be appropriated not of title 18) for such an act if such act or pro- any, for additional laws, and an assessment to exceed $10,000,000 for fiscal years 1996 and vision of material support is engaged in by of the extent to which the First Amendment 1997 to the President to provide assistance to an official, employee, or agent of such for- protects such material and its private and foreign countries facing an imminent danger eign state while acting within the scope of commercial distribution. of terrorist attack that threatens the na- his or her office, employment, or agency, ex- (b) REPORT.—Not later than 180 days after tional interest of the United States or puts cept that— the date of the enactment of this Act, the United States nationals at risk— ‘‘(A) an action under this paragraph shall Attorney General shall submit to the Con- (1) in obtaining explosive detection devices not be instituted unless the claimant first gress a report that contains the results of and other counter-terrorism technology; and affords the foreign state a reasonable oppor- the study required by this section. The At- (2) in conducting research and development tunity to arbitrate the claim in accordance torney General shall make the report avail- projects on such technology. with accepted international rules of arbitra- able to the public. SEC. 703. RESEARCH AND DEVELOPMENT TO SUP- tion; SEC. 805. COMPILATION OF STATISTICS RELAT- PORT COUNTER-TERRORISM TECH- ‘‘(B) an action under this paragraph shall ING TO INTIMIDATION OF GOVERN- NOLOGIES. not be maintained unless the act upon which MENT EMPLOYEES. There are authorized to be appropriated the claim is based occurred while the indi- (a) FINDINGS.—Congress finds that— not to exceed $10,000,000 to the National In- vidual bringing the claim was a national of (1) threats of violence and acts of violence stitute of Justice Science and Technology the United States (as that term is defined in are mounting against Federal, State, and Office— section 101(a)(22) of the Immigration and Na- local government employees and their fami- (1) to develop technologies that can be used tionality Act); and lies in attempts to stop public servants from to combat terrorism, including technologies ‘‘(C) the court shall decline to hear a claim performing their lawful duties; in the areas of— under this paragraph if the foreign state (2) these acts are a danger to our constitu- (A) detection of weapons, explosives, against whom the claim has been brought es- tional form of government; and chemicals, and persons; tablishes that procedures and remedies are (3) more information is needed as to the ex- (B) tracking; available in such state which comport with tent of the danger and its nature so that (C) surveillance; fundamental fairness and due process.’’; and steps can be taken to protect public servants (D) vulnerability assessment; and (2) by adding at the end the following new at all levels of government in the perform- (E) information technologies; subsection: ance of their duties. H2160 CONGRESSIONAL RECORD — HOUSE March 13, 1996

(b) STATISTICS.—The Attorney General ‘‘(d)(1) The court shall order restitution to offender to an entity designated by the Di- shall acquire data, for the calendar year 1990 a victim in the full amount of the victim’s rector of the Administrative Office of the and each succeeding calendar year about losses as determined by the court and with- United States Courts for accounting and crimes and incidents of threats of violence out consideration of— payment by the entity in accordance with and acts of violence against Federal, State, ‘‘(A) the economic circumstances of the of- this subsection; and local government employees in perform- fender; or ‘‘(2) the entity designated by the Director ance of their lawful duties. Such data shall ‘‘(B) the fact that a victim has received or of the Administrative Office of the United include— is entitled to receive compensation with re- States Courts shall— (1) in the case of crimes against such em- spect to a loss from insurance or any other ‘‘(A) log all transfers in a manner that ployees, the nature of the crime; and source. tracks the offender’s obligations and the cur- (2) in the case of incidents of threats of vi- ‘‘(2) Upon determination of the amount of rent status in meeting those obligations, un- olence and acts of violence, including verbal restitution owed to each victim, the court less, after efforts have been made to enforce and implicit threats against such employees, shall specify in the restitution order the the restitution order and it appears that whether or not criminally punishable, which manner in which and the schedule according compliance cannot be obtained, the court de- deter the employees from the performance of to which the restitution is to be paid, in con- termines that continued recordkeeping their jobs. sideration of— under this subparagraph would not be useful; (c) GUIDELINES.—The Attorney General ‘‘(A) the financial resources and other as- and shall establish guidelines for the collection sets of the offender; ‘‘(B) notify the court and the interested of such data, including what constitutes suf- ‘‘(B) projected earnings and other income parties when an offender is 30 days in arrears ficient evidence of noncriminal incidents re- of the offender; and in meeting those obligations; and quired to be reported. ‘‘(C) any financial obligations of the of- ‘‘(3) the offender shall advise the entity (d) ANNUAL PUBLISHING.—The Attorney fender, including obligations to dependents. designated by the Director of the Adminis- General shall publish an annual summary of ‘‘(3) A restitution order may direct the of- trative Office of the United States Courts of the data acquired under this section. Other- fender to make a single, lump-sum payment, any change in the offender’s address during wise such data shall be used only for re- partial payment at specified intervals, or the term of the restitution order. search and statistical purposes. such in-kind payments as may be agreeable ‘‘(i) A restitution order shall constitute a (e) EXEMPTION.—The United States Secret to the victim and the offender. A restitution lien against all property of the offender and Service is not required to participate in any order shall direct the offender to give appro- may be recorded in any Federal or State of- statistical reporting activity under this sec- priate notice to victims and other persons in fice for the recording of liens against real or tion with respect to any direct or indirect cases where there are multiple victims or personal property. threats made against any individual for other persons who may receive restitution, ‘‘(j) Compliance with the schedule of pay- whom the United States Secret Service is and where the identity of such victims and ment and other terms of a restitution order authorized to provide protection. other persons can be reasonably determined. shall be a condition of any probation, parole, SEC. 806. VICTIM RESTITUTION ACT OF 1995. ‘‘(4) An in-kind payment described in para- or other form of release of an offender. If a (a) ORDER OF RESTITUTION.—Section 3663 of graph (3) may be in the form of— defendant fails to comply with a restitution title 18, United States Code, is amended— ‘‘(A) return of property; order, the court may revoke probation or a (1) in subsection (a)— ‘‘(B) replacement of property; or term of supervised release, modify the term (A) in paragraph (1)— ‘‘(C) services rendered to the victim or to a or conditions of probation or a term of super- (i) by striking ‘‘may order, in addition to person or organization other than the vic- vised release, hold the defendant in con- or, in the case of a misdemeanor, in lieu of tim. tempt of court, enter a restraining order or any other penalty authorized by law’’ and in- ‘‘(e) When the court finds that more than 1 injunction, order the sale of property of the serting ‘‘shall order’’; and offender has contributed to the loss of a vic- defendant, accept a performance bond, or (ii) by adding at the end the following: tim, the court may make each offender lia- take any other action necessary to obtain ‘‘The requirement of this paragraph does not ble for payment of the full amount of res- compliance with the restitution order. In de- affect the power of the court to impose any titution or may apportion liability among termining what action to take, the court other penalty authorized by law. In the case the offenders to reflect the level of contribu- shall consider the defendant’s employment of a misdemeanor, the court may impose res- tion and economic circumstances of each of- status, earning ability, financial resources, titution in lieu of any other penalty author- fender. the willfulness in failing to comply with the ized by law.’’; ‘‘(f) When the court finds that more than 1 restitution order, and any other cir- (B) by adding at the end the following: victim has sustained a loss requiring restitu- cumstances that may have a bearing on the ‘‘(4) In addition to ordering restitution to tion by an offender, the court shall order full defendant’s ability to comply with the res- the victim of the offense of which a defend- restitution to each victim but may provide titution order. ant is convicted, a court may order restitu- for different payment schedules to reflect ‘‘(k) An order of restitution may be en- tion to any person who, as shown by a pre- the economic circumstances of each victim. forced— ponderance of evidence, was harmed phys- ‘‘(g)(1) If the victim has received or is enti- ‘‘(1) by the United States— ically, emotionally, or pecuniarily, by un- tled to receive compensation with respect to ‘‘(A) in the manner provided for the collec- lawful conduct of the defendant during— a loss from insurance or any other source, tion and payment of fines in subchapter B of ‘‘(A) the criminal episode during which the the court shall order that restitution be paid chapter 229 of this title; or offense occurred; or to the person who provided or is obligated to ‘‘(B) in the same manner as a judgment in ‘‘(B) the course of a scheme, conspiracy, or provide the compensation, but the restitu- a civil action; and pattern of unlawful activity related to the tion order shall provide that all restitution ‘‘(2) by a victim named in the order to re- offense.’’; to victims required by the order be paid to ceive the restitution, in the same manner as (2) in subsection (b)(1)(B) by striking ‘‘im- the victims before any restitution is paid to a judgment in a civil action. practical’’ and inserting ‘‘impracticable’’; such a provider of compensation. ‘‘(l) A victim or the offender may petition (3) in subsection (b)(2) by inserting ‘‘emo- ‘‘(2) The issuance of a restitution order the court at any time to modify a restitution tional or’’ after ‘‘resulting in’’; shall not affect the entitlement of a victim order as appropriate in view of a change in (4) in subsection (b)— to receive compensation with respect to a the economic circumstances of the of- (A) by striking ‘‘and’’ at the end of para- loss from insurance or any other source until fender.’’. graph (4); the payments actually received by the vic- (b) PROCEDURE FOR ISSUING ORDER OF RES- (B) by redesignating paragraph (5) as para- tim under the restitution order fully com- TITUTION.—Section 3664 of title 18, United graph (6); and pensate the victim for the loss, at which States Code, is amended— (C) by inserting after paragraph (4) the fol- time a person that has provided compensa- (1) by striking subsection (a); lowing new paragraph: tion to the victim shall be entitled to receive (2) by redesignating subsections (b), (c), ‘‘(5) in any case, reimburse the victim for any payments remaining to be paid under (d), and (e) as subsections (a), (b), (c), and (d); lost income and necessary child care, trans- the restitution order. (3) by amending subsection (a), as redesig- portation, and other expenses related to par- ‘‘(3) Any amount paid to a victim under an nated by paragraph (2), to read as follows: ticipation in the investigation or prosecu- order of restitution shall be set off against ‘‘(a) The court may order the probation tion of the offense or attendance at proceed- any amount later recovered as compensatory service of the court to obtain information ings related to the offense; and’’; damages by the victim in— pertaining to the amount of loss sustained (5) in subsection (c) by striking ‘‘If the ‘‘(A) any Federal civil proceeding; and by any victim as a result of the offense, the court decides to order restitution under this ‘‘(B) any State civil proceeding, to the ex- financial resources of the defendant, the fi- section, the’’ and inserting ‘‘The’’; tent provided by the law of the State. nancial needs and earning ability of the de- (6) by striking subsections (d), (e), (f), (g), ‘‘(h) A restitution order shall provide fendant and the defendant’s dependents, and and (h); that— such other factors as the court deems appro- (7) by redesignating subsection (i) as sub- ‘‘(1) all fines, penalties, costs, restitution priate. The probation service of the court section (m); and payments and other forms of transfers of shall include the information collected in (8) by inserting after subsection (c) the fol- money or property made pursuant to the the report of presentence investigation or in lowing: sentence of the court shall be made by the a separate report, as the court directs.’’; and March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2161 (4) by adding at the end thereof the follow- shall be made to the appropriate district (4) by amending subsection (e), as redesig- ing new subsection: court. If application is made to a circuit nated by paragraph (2), to read as follows: ‘‘(e) The court may refer any issue arising judge, the application shall be transferred to ‘‘(e)(1) In a proceeding instituted by an ap- in connection with a proposed order of res- the appropriate district court. If an applica- plication for a writ of habeas corpus by a titution to a magistrate or special master tion is made to or transferred to the district person in custody pursuant to the judgment for proposed findings of fact and rec- court and denied, renewal of the application of a State court, a determination of a factual ommendations as to disposition, subject to a before a circuit judge shall not be permitted. issue made by a State court shall be pre- de novo determination of the issue by the The applicant may, pursuant to section 2253 sumed to be correct. The applicant shall court.’’. of title 28, United States Code, appeal to the have the burden of rebutting the presump- TITLE IX—HABEAS CORPUS REFORM appropriate court of appeals from the order tion of correctness by clear and convincing SEC. 901. FILING DEADLINES. of the district court denying the writ. evidence. Section 2244 of title 28, United States Code, ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a ‘‘(2) If the applicant has failed to develop is amended by adding at the end the follow- habeas corpus proceeding in which the deten- the factual basis of a claim in State court ing new subsection: tion complained of arises out of process is- proceedings, the court shall not hold an evi- ‘‘(d)(1) A 1-year period of limitation shall sued by a State court, an appeal by the ap- dentiary hearing on the claim unless the ap- apply to an application for a write of habeas plicant for the writ may not proceed unless plicant shows that— corpus by a person in custody pursuant to a district or a circuit judge issues a certifi- ‘‘(A) the claim relies on— the judgment of a State court. The limita- cate of appealability pursuant to section ‘‘(i) a new rule of constitutional law, made tion period shall run from the latest of— 2253(c) of title 28, United States Code. If an retroactive to cases on collateral review by ‘‘(A) the date on which the judgment be- appeal is taken by the applicant, the district the Supreme Court, that was previously un- came final by the conclusion of direct review judge who rendered the judgment shall ei- available; or or the expiration of the time for seeking ther issue a certificate of appealability or ‘‘(ii) a factual predicate that could not such review; state the reasons why such a certificate have been previously discovered through the ‘‘(B) the date on which the impediment to should not issue. The certificate or the state- exercise of due diligence; and filing an application created by State action ment shall be forwarded to the court of ap- ‘‘(B) the facts underlying the claim would in violation of the Constitution or laws of peals with the notice of appeal and the file of be sufficient to establish by clear and con- the United States is removed, if the appli- the proceedings in the district court. If the vincing evidence that but for constitutional cant was prevented from filing by such State district judge has denied the certificate, the error, no reasonable factfinder would have action; applicant for the writ may then request issu- found the applicant guilty of the underlying ‘‘(C) the date on which the constitutional ance of the certificate by a circuit judge. If offense.’’; and right asserted was initially recognized by the such a request is addressed to the court of (5) by adding at the end the following new Supreme Court, if the right has been newly appeals, it shall be deemed addressed to the subsections: recognized by the Supreme Court and made judges thereof and shall be considered by a ‘‘(h) Except as provided in section 408 of retroactively applicable to cases on collat- circuit judge or judges as the court deems the Controlled Substances Act, in all pro- eral review; or appropriate. If no express request for a cer- ceedings brought under this section, and any ‘‘(D) the date on which the factual predi- tificate is filed, the notice of appeal shall be subsequent proceedings on review, the court cate of the claim or claims presented could deemed to constitute a request addressed to may appoint counsel for an applicant who is have been discovered through the exercise of the judges of the court of appeals. If an ap- or becomes financially unable to afford coun- due diligence. peal is taken by a State or its representa- sel, except as provided by a rule promulgated ‘‘(2) The time during which a properly filed tive, a certificate of appealability is not re- by the Supreme Court pursuant to statutory application for State post-conviction or quired.’’. authority. Appointment of counsel under other collateral review with respect to the SEC. 904. SECTION 2254 AMENDMENTS. this section shall be governed by section pertinent judgment or claim shall not be Section 2254 of title 28, United States Code, 3006A of title 18. counted toward any period of limitation is amended— ‘‘(i) The ineffectiveness or incompetence of under this subsection.’’. (1) by amending subsection (b) to read as counsel during Federal or State collateral SEC. 902. APPEAL. follows: post-conviction proceedings shall not be a Section 2253 of title 28, United States Code, ‘‘(b)(1) An application for a writ of habeas ground for relief in a proceeding arising is amended to read as follows: corpus on behalf of a person in custody pur- under section 2254.’’. ‘‘§ 2253. Appeal suant to the judgment of a State court shall SEC. 905. SECTION 2255 AMENDMENTS. Section 2255 of title 28, United States Code, ‘‘(a) In a habeas corpus proceeding or a not be granted unless it appears that— is amended— proceeding under section 2255 before a dis- ‘‘(A) the applicant has exhausted the rem- trict judge, the final order shall be subject to edies available in the courts of the State; or (1) by striking the second and fifth undes- review, on appeal, by the court of appeals for ‘‘(B)(i) there is an absence of available ignated paragraphs; and the circuit in which the proceeding is held. State corrective process; or (2) by adding at the end the following new ‘‘(b) There shall be no right of appeal from ‘‘(ii) circumstances exist that render such undesignated paragraphs: a final order in a proceeding to test the va- process ineffective to protect the rights of ‘‘A 1-year period of limitation shall apply lidity of a warrant to remove to another dis- the applicant. to a motion under this section. The limita- trict or place for commitment or trial a per- ‘‘(2) An application for a writ of habeas tion period shall run from the latest of— son charged with a criminal offense against corpus may be denied on the merits, not- ‘‘(1) the date on which the judgment of the United States, or to test the validity of withstanding the failure of the applicant to conviction becomes final; such person’s detention pending removal pro- exhaust the remedies available in the courts ‘‘(2) the date on which the impediment to ceedings. of the State. making a motion created by governmental ‘‘(c)(1) Unless a circuit justice or judge is- ‘‘(3) A State shall not be deemed to have action in violation of the Constitution or sues a certificate of appealability, an appeal waived the exhaustion requirement or be es- laws of the United States is removed, if the may not be taken to the court of appeals topped from reliance upon the requirement movant was prevented from making a mo- from— unless the State, through counsel, expressly tion by such governmental action; ‘‘(A) the final order in a habeas corpus pro- waives the requirement.’’; ‘‘(3) the date on which the right asserted ceeding in which the detention complained (2) by redesignating subsections (d), (e), was initially recognized by the Supreme of arises out of process issued by a State and (f) as subsections (e), (f), and (g), respec- Court, if that right has been newly recog- court; or tively; nized by the Supreme Court and made retro- ‘‘(B) the final order in a proceeding under (3) by inserting after subsection (c) the fol- actively applicable to cases on collateral re- section 2255. lowing new subsection: view; or ‘‘(2) A certificate of appealability may ‘‘(d) An application for a writ of habeas ‘‘(4) the date on which the facts supporting issue under paragraph (1) only if the appli- corpus on behalf of a person in custody pur- the claim or claims presented could have cant has made a substantial showing of the suant to the judgment of a State court shall been discovered through the exercise of due denial of a constitutional right. not be granted with respect to any claim diligence. ‘‘(3) The certificate of appealability under that was adjudicated on the merits in State ‘‘Except as provided in section 408 of the paragraph (1) shall indicate which specific court proceedings unless the adjudication of Controlled Substances Act, in all proceed- issue or issues satisfy the showing required the claim— ings brought under this section, and any sub- by paragraph (2).’’. ‘‘(1) resulted in a decision that was con- sequent proceedings on review, the court SEC. 903. AMENDMENT OF FEDERAL RULES OF trary to, or involved an unreasonable appli- may appoint counsel for a movant who is or APPELLATE PROCEDURE. cation of, clearly established Federal law, as becomes financially unable to afford counsel Rule 22 of the Federal Rules of Appellate determined by the Supreme Court of the shall be in the discretion of the court, except Procedure is amended to read as follows: United States; or as provided by a rule promulgated by the Su- ‘‘Rule 22. Habeas corpus and section 2255 ‘‘(2) resulted in a decision that was based preme Court pursuant to statutory author- proceedings on an unreasonable determination of the ity. Appointment of counsel under this sec- ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.— facts in light of the evidence presented in the tion shall be governed by section 3006A of An application for a writ of habeas corpus State court proceeding.’’; title 18. H2162 CONGRESSIONAL RECORD — HOUSE March 13, 1996 ‘‘A second or successive motion must be ‘‘2261. Prisoners in State custody subject to shall recite that the State has invoked the certified as provided in section 2244 by a capital sentence; appointment post-conviction review procedures of this panel of the appropriate court of appeals to of counsel; requirement of rule chapter and that the scheduled execution is contain— of court or statute; procedures subject to stay. ‘‘(1) newly discovered evidence that, if for appointment. ‘‘(b) A stay of execution granted pursuant proven and viewed in light of the evidence as ‘‘2262. Mandatory stay of execution; dura- to subsection (a) shall expire if— a whole, would be sufficient to establish by tion; limits on stays of execu- ‘‘(1) a State prisoner fails to file a habeas clear and convincing evidence that no rea- tion; successive petitions. corpus application under section 2254 within sonable factfinder would have found the ‘‘2263. Filing of habeas corpus application; the time required in section 2263; movant guilty of the offense; or time requirements; tolling ‘‘(2) before a court of competent jurisdic- ‘‘(2) a new rule of constitutional law, made rules. tion, in the presence of counsel, unless the retroactive to cases on collateral review by ‘‘2264. Scope of Federal review; district court prisoner has competently and knowingly the Supreme Court, that was previously un- adjudications. waived such counsel, and after having been available.’’. ‘‘2265. Application to State unitary review advised of the consequences, a State prisoner SEC. 906. LIMITS ON SECOND OR SUCCESSIVE AP- procedure. under capital sentence waives the right to PLICATIONS. ‘‘2266. Limitation periods for determining pursue habeas corpus review under section (a) CONFORMING AMENDMENT TO SECTION applications and motions. 2254; or 2244(a).—Section 2244(a) of title 28, United ‘‘§ 2261. Prisoners in State custody subject to ‘‘(3) a State prisoner files a habeas corpus States Code, is amended by striking ‘‘and the capital sentence; appointment of counsel; petition under section 2254 within the time petition’’ and all that follows through ‘‘by requirement of rule of court or statute; pro- required by section 2263 and fails to make a such inquiry.’’ and inserting ‘‘, except as procedures for appointment substantial showing of the denial of a Fed- eral right or is denied relief in the district vided in section 2255.’’. ‘‘(a) This chapter shall apply to cases aris- (b) LIMITS ON SECOND OR SUCCESSIVE APPLI- court or at any subsequent stage of review. ing under section 2254 brought by prisoners CATIONS.—Section 2244(b) of title 28, United ‘‘(c) If one of the conditions in subsection in State custody who are subject to a capital States Code, is amended to read as follows: (b) has occurred, no Federal court thereafter ‘‘(b)(1) A claim presented in a second or sentence. It shall apply only if the provisions shall have the authority to enter a stay of successive habeas corpus application under of subsections (b) and (c) are satisfied. execution in the case, unless the court of ap- section 2254 that was presented in a prior ap- ‘‘(b) This chapter is applicable if a State peals approves the filing of a second or suc- plication shall be dismissed. establishes by statute, rule of its court of cessive application under section 2244(b). last resort, or by another agency authorized ‘‘(2) A claim presented in a second or suc- ‘‘§ 2263. Filing of habeas corpus application; by State law, a mechanism for the appoint- cessive habeas corpus application under sec- time requirements; tolling rules ment, compensation, and payment of reason- tion 2254 that was not presented in a prior ‘‘(a) Any application under this chapter for application shall be dismissed unless— able litigation expenses of competent counsel in State post-conviction proceedings habeas corpus relief under section 2254 must ‘‘(A) the applicant shows that the claim re- be filed in the appropriate district court not lies on a new rule of constitutional law, brought by indigent prisoners whose capital convictions and sentences have been upheld later than 180 days after final State court af- made retroactive to cases on collateral re- firmance of the conviction and sentence on on direct appeal to the court of last resort in view by the Supreme Court, that was pre- direct review or the expiration of the time the State or have otherwise become final for viously unavailable; or for seeking such review. ‘‘(B)(i) the factual predicate for the claim State law purposes. The rule of court or stat- ‘‘(b) The time requirements established by could not have been discovered previously ute must provide standards of competency subsection (a) shall be tolled— through the exercise of due diligence; and for the appointment of such counsel. ‘‘(1) from the date that a petition for cer- ‘‘(ii) the facts underlying the claim, if ‘‘(c) Any mechanism for the appointment, tiorari is filed in the Supreme Court until proven and viewed in light of the evidence as compensation, and reimbursement of counsel the date of final disposition of the petition if a whole, would be sufficient to establish by as provided in subsection (b) must offer a State prisoner files the petition to secure clear and convincing evidence that, but for counsel to all State prisoners under capital review by the Supreme Court of the affirm- constitutional error, no reasonable sentence and must provide for the entry of ance of a capital sentence on direct review factfinder would have found the applicant an order by a court of record— by the court of last resort of the State or guilty of the underlying offense. ‘‘(1) appointing one or more counsels to other final State court decision on direct re- ‘‘(3)(A) Before a second or successive appli- represent the prisoner upon a finding that view; cation permitted by this section is filed in the prisoner is indigent and accepted the ‘‘(2) from the date on which the first peti- the district court, the applicant shall move offer or is unable competently to decide tion for post-conviction review or other col- in the appropriate court of appeals for an whether to accept or reject the offer; lateral relief is filed until the final State order authorizing the district court to con- ‘‘(2) finding, after a hearing if necessary, court disposition of such petition; and sider the application. that the prisoner rejected the offer of coun- ‘‘(3) during an additional period not to ex- ‘‘(B) A motion in the court of appeals for sel and made the decision with an under- ceed 30 days, if— an order authorizing the district court to standing of its legal consequences; or ‘‘(A) a motion for an extension of time is consider a second or successive application ‘‘(3) denying the appointment of counsel filed in the Federal district court that would shall be determined by a three-judge panel of upon a finding that the prisoner is not indi- have jurisdiction over the case upon the fil- the court of appeals. gent. ‘‘(C) The court of appeals may authorize ing of a habeas corpus application under sec- ‘‘(d) No counsel appointed pursuant to sub- tion 2254; and the filing of a second or successive applica- sections (b) and (c) to represent a State pris- tion only if it determines that the applica- ‘‘(B) a showing of good cause is made for oner under capital sentence shall have pre- the failure to file the habeas corpus application makes a prima facie showing that the viously represented the prisoner at trial or application satisfies the requirements of this tion within the time period established by on direct appeal in the case for which the ap- this section. subsection. pointment is made unless the prisoner and ‘‘(D) The court of appeals shall grant or counsel expressly request continued rep- ‘‘§ 2264. Scope of Federal review; district deny the authorization to file a second or resentation. court adjudications successive application not later than 30 days ‘‘(e) The ineffectiveness or incompetence of ‘‘(a) Whenever a State prisoner under cap- after the filing of the motion. counsel during State or Federal post-convic- ital sentence files a petition for habeas cor- ‘‘(E) The grant or denial of an authorization proceedings in a capital case shall not pus relief to which this chapter applies, the tion by a court of appeals to file a second or district court shall only consider a claim or successive application shall not be appeal- be a ground for relief in a proceeding arising under section 2254. This limitation shall not claims that have been raised and decided on able and shall not be the subject of a petition the merits in the State courts, unless the for rehearing or for a writ of certiorari. preclude the appointment of different counsel, on the court’s own motion or at the re- failure to raise the claim properly is— ‘‘(4) A district court shall dismiss any ‘‘(1) the result of State action in violation claim presented in a second or successive ap- quest of the prisoner, at any phase of State or Federal post-conviction proceedings on of the Constitution or laws of the United plication that the court of appeals has au- States; thorized to be filed unless the applicant the basis of the ineffectiveness or incompetence of counsel in such proceedings. ‘‘(2) the result of the Supreme Court rec- shows that the claim satisfies the require- ognition of a new Federal right that is made ments of this section.’’. ‘‘§ 2262. Mandatory stay of execution; dura- retroactively applicable; or SEC. 907. DEATH PENALTY LITIGATION PROCE- tion; limits on stays of execution; succes- ‘‘(3) based on a factual predicate that could DURES. sive petitions not have been discovered through the exer- (a) ADDITION OF CHAPTER TO TITLE 28, UNIT- ‘‘(a) Upon the entry in the appropriate cise of due diligence in time to present the ED STATES CODE.—Title 28, United States State court of record of an order under sec- claim for State or Federal post-conviction Code, is amended by inserting after chapter tion 2261(c), a warrant or order setting an review. 153 the following new chapter: execution date for a State prisoner shall be ‘‘(b) Following review subject to sub- ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS stayed upon application to any court that sections (a), (d), and (e) of section 2254, the PROCEDURES IN CAPITAL CASES would have jurisdiction over any proceedings court shall rule on the claims properly be- ‘‘Sec. filed under section 2254. The application fore it. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2163 ‘‘§ 2265. Application to State unitary review a delay in the disposition of an application is pleading is required, in which case the court procedure warranted are as follows: shall decide whether to grant the petition ‘‘(a) For purposes of this section, a ‘uni- ‘‘(I) Whether the failure to allow the delay not later than 30 days after the date on tary review’ procedure means a State proce- would be likely to result in a miscarriage of which the responsive pleading is filed. dure that authorizes a person under sentence justice. ‘‘(ii) If a petition for rehearing or rehear- of death to raise, in the course of direct re- ‘‘(II) Whether the case is so unusual or so ing en banc is granted, the court of appeals view of the judgment, such claims as could complex, due to the number of defendants, shall hear and render a final determination be raised on collateral attack. This chapter the nature of the prosecution, or the exist- of the appeal not later than 120 days after shall apply, as provided in this section, in re- ence of novel questions of fact or law, that it the date on which the order granting rehear- lation to a State unitary review procedure if is unreasonable to expect adequate briefing ing or rehearing en banc is entered. ‘‘(2) The time limitations under paragraph the State establishes by rule of its court of within the time limitations established by (1) shall apply to— last resort or by statute a mechanism for the subparagraph (A). ‘‘(A) an initial application for a writ of ha- appointment, compensation, and payment of ‘‘(III) Whether the failure to allow a delay reasonable litigation expenses of competent in a case, that, taken as a whole, is not so beas corpus; counsel in the unitary review proceedings, unusual or so complex as described in ‘‘(B) any second or successive application including expenses relating to the litigation subclause (II), but would otherwise deny the for a writ of habeas corpus; and of collateral claims in the proceedings. The applicant reasonable time to obtain counsel, ‘‘(C) any redetermination of an application rule of court or statute must provide stand- would unreasonably deny the applicant or for a writ of habeas corpus or related appeal ards of competency for the appointment of the government continuity of counsel, or following a remand by the court of appeals such counsel. would deny counsel for the applicant or the en banc or the Supreme Court for further ‘‘(b) To qualify under this section, a uni- government the reasonable time necessary proceedings, in which case the limitation pe- tary review procedure must include an offer for effective preparation, taking into ac- riod shall run from the date the remand is of counsel following trial for the purpose of count the exercise of due diligence. ordered. ‘‘(3) The time limitations under this sec- representation on unitary review, and entry ‘‘(iii) No delay in disposition shall be per- tion shall not be construed to entitle an ap- of an order, as provided in section 2261(c), missible because of general congestion of the plicant to a stay of execution, to which the concerning appointment of counsel or waiver court’s calendar. applicant would otherwise not be entitled, or denial of appointment of counsel for that ‘‘(iv) The court shall transmit a copy of for the purpose of litigating any application purpose. No counsel appointed to represent any order issued under clause (i) to the Di- the prisoner in the unitary review proceed- or appeal. rector of the Administrative Office of the ‘‘(4)(A) The failure of a court to meet or ings shall have previously represented the United States Courts for inclusion in the re- comply with a time limitation under this prisoner at trial in the case for which the ap- port under paragraph (5). section shall not be a ground for granting re- pointment is made unless the prisoner and ‘‘(2) The time limitations under paragraph lief from a judgment of conviction or sen- counsel expressly request continued rep- (1) shall apply to— tence. resentation. ‘‘(A) an initial application for a writ of ha- ‘‘(B) The State may enforce a time limita- ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall beas corpus; tion under this section by applying for a writ apply in relation to cases involving a sen- ‘‘(B) any second or successive application of mandamus to the Supreme Court. tence of death from any State having a uni- for a writ of habeas corpus; and ‘‘(5) The Administrative Office of United tary review procedure that qualifies under ‘‘(C) any redetermination of an application States Courts shall submit to Congress an this section. References to State ‘post-con- for a writ of habeas corpus following a re- annual report on the compliance by the viction review’ and ‘direct review’ in such mand by the court of appeals or the Supreme courts of appeals with the time limitations sections shall be understood as referring to Court for further proceedings, in which case under this section.’’. unitary review under the State procedure. the limitation period shall run from the date (b) TECHNICAL AMENDMENT.—The table of The reference in section 2262(a) to ‘an order the remand is ordered. chapters at the beginning of part VI of title under section 2261(c)’ shall be understood as ‘‘(3)(A) The time limitations under this 28, United States Code, is amended by adding referring to the post-trial order under subsection shall not be construed to entitle an after the item relating to chapter 153 the fol- section (b) concerning representation in the applicant to a stay of execution, to which lowing new item: unitary review proceedings, but if a tran- the applicant would otherwise not be enti- ‘‘154. Special habeas corpus pro- script of the trial proceedings is unavailable tled, for the purpose of litigating any appli- cedures in capital cases ...... 2261’’. at the time of the filing of such an order in cation or appeal. the appropriate State court, then the start (c) EFFECTIVE DATE.—Chapter 154 of title ‘‘(B) No amendment to an application for a 28, United States Code (as added by sub- of the 180-day limitation period under sec- writ of habeas corpus under this chapter tion 2263 shall be deferred until a transcript section (a)) shall apply to cases pending on shall be permitted after the filing of the an- or after the date of enactment of this Act. is made available to the prisoner or counsel swer to the application, except on the of the prisoner. SEC. 908. TECHNICAL AMENDMENT. grounds specified in section 2244(b). Section 408(q) of the Controlled Substances ‘‘§ 2266. Limitation periods for determining ‘‘(4)(A) The failure of a court to meet or Act (21 U.S.C. 848(q)) is amended by amend- applications and motions comply with a time limitation under this ing paragraph (9) to read as follows: ‘‘(a) The adjudication of any application section shall not be a ground for granting re- ‘‘(9) Upon a finding that investigative, ex- under section 2254 that is subject to this lief from a judgment of conviction or sen- pert, or other services are reasonably nec- chapter, and the adjudication of any motion tence. essary for the representation of the defend- under section 2255 by a person under sen- ‘‘(B) The State may enforce a time limita- ant, whether in connection with issues relat- tence of death, shall be given priority by the tion under this section by petitioning for a ing to guilt or the sentence, the court may district court and by the court of appeals writ of mandamus to the court of appeals. authorize the defendant’s attorneys to ob- over all noncapital matters. The court of appeals shall act on the petition tain such services on behalf of the defendant ‘‘(b)(1)(A) A district court shall render a for a writ or mandamus not later than 30 and, if so authorized, shall order the pay- final determination and enter a final judg- days after the filing of the petition. ment of fees and expenses therefor under ment on any application for a writ of habeas ‘‘(5)(A) The Administrative Office of Unit- paragraph (10). No ex parte proceeding, com- corpus brought under this chapter in a cap- ed States Courts shall submit to Congress an munication, or request may be considered ital case not later than 180 days after the annual report on the compliance by the dis- pursuant to this section unless a proper date on which the application is filed. trict courts with the time limitations under showing is made concerning the need for con- ‘‘(B) A district court shall afford the par- this section. fidentiality. Any such proceeding, commu- ties at least 120 days in which to complete ‘‘(B) The report described in subparagraph nication, or request shall be transcribed and all actions, including the preparation of all (A) shall include copies of the orders submit- made a part of the record available for appel- pleadings and briefs, and if necessary, a hearted by the district courts under paragraph late review.’’. ing, prior to the submission of the case for (1)(B)(iv). SEC. 909. SEVERABILITY. decision. ‘‘(c)(1)(A) A court of appeals shall hear and If any provision of this title, an amend- ‘‘(C)(i) A district court may delay for not render a final determination of any appeal of ment made by this title, or the application more than one additional 30-day period be- an order granting or denying, in whole or in of such provision or amendment to any per- yond the period specified in subparagraph part, an application brought under this chap- son or circumstance is held to be unconstitu- (A), the rendering of a determination of an ter in a capital case not later than 120 days tional, the remainder of this title, the application for a writ of habeas corpus if the after the date on which the reply brief is amendments made by this title, and the ap- court issues a written order making a find- filed, or if no reply brief is filed, not later plication of the provisions of such to any ing, and stating the reasons for the finding, than 120 days after the date on which the an- person or circumstances shall not be affected that the ends of justice that would be served swering brief is filed. thereby. by allowing the delay outweigh the best in- ‘‘(B)(i) A court of appeals shall decide terests of the public and the applicant in a whether to grant a petition for rehearing or The CHAIRMAN. No amendments are speedy disposition of the application. other request for rehearing en banc not later in order except the amendments print- ‘‘(ii) The factors, among others, that a than 30 days after the date on which the peti- ed in House Report 104–480 and amend- court shall consider in determining whether tion for rehearing is filed unless a responsive ments en bloc described in section 2 of H2164 CONGRESSIONAL RECORD — HOUSE March 13, 1996 House Resolution 380. Amendments act occurred in the foreign state against Page 52, strike line 1 and all that follows printed in the report shall be consid- which the claim has been brought and the through line 17 on page 53. ered in the order printed, may be of- claimant has not afforded’’. Redesignate succeeding sections accordingly, and modify cross references and the fered only by a Member designated in Page 137, beginning in line 21, strike ‘‘an action under’’ and all that follows through table of contents accordingly. the report, shall be considered as hav- ‘‘national’’ and insert ‘‘if the claimant or Page 125, strike line 13 and all that follows ing been read, shall not be subject to victim was not a national’’. through line 20. amendment except as specified in the Page 138, line 2, insert ‘‘when the act upon Redesignate succeeding sections accord- report, and shall not be subject to a de- which the claim is based occurred’’ after ingly, and modify cross references and the mand for division of the question. De- ‘‘Act)’’. table of contents accordingly. bate time for each amendment shall be Page 138, line 2, strike ‘‘and’’ and insert The CHAIRMAN. Pursuant to the equally divided and controlled by the ‘‘or’’. rule, the gentleman from Illinois [Mr. Page 138, line 3, strike ‘‘the court shall’’ HYDE] and a Member opposed each will proponent and an opponent of the and all that follows through ‘‘has been amendment. brought’’ in line 5, and insert ‘‘if the act oc- control 10 minutes. The Chairman of the Committee of curred in the foreign state against which the The Chair recognizes the gentleman the Whole may postpone until a time claim has been brought and that state’’. from Illinois [Mr. HYDE]. during further consideration in the Page 138, beginning in line 9, strike ‘‘new Mr. HYDE. Mr. Chairman, I yield my- Committee of the Whole a request for a subsection’’. self such time as I may consume. recorded vote on any amendment made Page 138, line 22, strike the close quotation (Mr. HYDE asked and was given per- in order by the resolution and may remark and the period that follows it. mission to revise and extend his reduce to not less than 5 minutes the Page 138, after line 22, insert the following: marks.) ‘‘(f) No action shall be maintained under Mr. HYDE. Mr. Chairman, the man- time for voting by electronic device on subsection (a)(7) unless the action is com- any postponed question that imme- menced not later than 10 years after the date ager’s amendment that we are discuss- diately follows another vote by elec- on which the cause of action arose. All prin- ing now changes the short title of the tronic device without intervening busi- ciples of equitable tolling, including the pe- bill to the ‘‘Effective Death Penalty ness, provided that the time for voting riod during which the foreign state was im- and Public Safety Act of 1996.’’ by electronic device on the first in any mune from suit, shall apply in calculating It conforms the language in section series of questions shall not be less this limitation period.’’. 102, ‘‘prohibiting material support to Page 151, after line 5, insert the following: than 15 minutes. terrorists,’’ to the language already It shall be in order at any time for SEC. 807. OVERSEAS LAW ENFORCEMENT TRAIN- used in section 204. In other words, it ING ACTIVITIES. says, ‘‘has reasonable cause to be- the chairman of the Committee on the The Director of the Federal Bureau of In- Judiciary or a designee to offer amend- vestigation is authorized to support law en- lieve,’’ instead of ‘‘should have ments en bloc consisting of amend- forcement training activities in foreign known.’’ This amendment would codify ments printed in the report not earlier countries for the purpose of improving the current case law on actual and con- disposed of or germane modifications effectiveness of the United States in inves- structive knowledge of criminal activ- of such amendments. tigating and prosecuting transnational of- ity. The amendments en bloc shall be fenses. This amendment strikes both section considered read—except that modifica- SEC. 808. CLOSED CIRCUIT TELEVISED COURT 302 and section 303. Section 302 has to tions shall be reported—shall not be PROCEEDINGS FOR VICTIMS OF do with disclosure of certain consumer CRIME. reports to the FBI, and section 303 has subject to amendment or to a demand (a) IN GENERAL.—Notwithstanding any pro- for a division of the question, and shall vision of the Federal Rules of Criminal Pro- to do with disclosure of business be debatable for 20 minutes, equally di- cedure to the contrary, in order to permit records held by third parties in foreign vided and controlled by the chairman victims of crime to watch criminal trial pro- counterintelligence cases. Both of and ranking minority member of the ceedings in cases where the venue of the trial those sections are stricken in their en- Committee on the Judiciary or their is changed— tirety. designees. (1) out of the State in which the case was Next, the amendment amends section The original proponents of the initially brought; and 803, having to do with jurisdiction for (2) more than 350 miles from the location lawsuits against terrorist states, which amendments en bloc shall have permis- in which those proceedings originally would sion to insert statements in the CON- have taken place; in turn amends the existing Foreign Sovereign Immunities Act, 28 U.S.C. GRESSIONAL RECORD immediately be- the courts involved shall, if donations under fore disposition of the amendments en subsection (b) will defray the entire cost of section 1602–1611. This section would bloc. doing so, order closed circuit televising of allow lawsuits by U.S. citizens against It is now in order to consider amend- the proceedings to that location, for viewing terrorist states who are responsible for ment No. 1 printed in House Report by such persons the courts determine have a state-sponsored torture, extrajudicial 104–480. compelling interest in doing so and are oth- killing, aircraft sabotage, hostage-tak- erwise unable to do so by reason of the in- AMENDMENT NO. 1 OFFERED BY MR. HYDE ing, or the provision of material sup- convenience and expense caused by the port or resources for such acts which Mr. HYDE. Mr. Chairman, I offer an change of venue. amendment. result in death or personal injury. (b) NO REBROADCAST.—No rebroadcast of The manager’s amendment would The CHAIRMAN. The Clerk will des- the proceedings shall be made. ignate the amendment. (c) LIMITED ACCESS.— change the language in the committee- The text of the amendment is as fol- (1) GENERALLY.—No other person, other reported bill requiring that plaintiffs lows: than official court and security personnel, or filing suit under this section must first Amendment No. 1 offered by Mr. HYDE: On other persons specifically designated by the give the foreign state an opportunity the first page, beginning in line 4, strike courts, shall be permitted to view the closed to arbitrate the claim. The manager’s ‘‘Comprehensive’’ and all that follows televising of the proceedings. amendment would only require pretrial through ‘‘1995’’ in line 5 and insert ‘‘Effective (2) EXCEPTION.—The courts shall not des- arbitration if the terrorist act upon Death Penalty and Public Safety Act of ignate a person under paragraph (1) if the which the lawsuit is based occurred presiding judge at the trial determines that 1996’’. within the boundaries of the country Page 6, line 1, strike ‘‘should have known’’ testimony by that person would be materi- and insert ‘‘has reasonable cause to believe’’. ally affected if that person heard other testi- being sued. Page 34, strike line 19 and all that follows mony at the trial. The manager’s amendment also con- through the matter appearing before line 3 (d) DONATIONS.—The Administrative Office tains a statute of limitations provision on page 47, and redesignate succeeding sec- of the United States Courts may accept do- for such suits. The manager’s amend- tions and any cross references (including the nations to enable the courts to carry out ment makes it clear that these law- table of contents) accordingly. subsection (a). No appropriated money shall suits must be filed within 10 years after Page 137, line 15, insert ‘‘the court shall de- be used to carry out such subsection the terrorist act, but allows cases to be cline to hear a claim under this paragraph’’ (e) DEFINITION.—As used in this section, after ‘‘except that’’. the term ‘‘State’’ includes the District of Co- filed after the enactment of this provi- Page 137, beginning in line 16, strike ‘‘an lumbia and any other possession or territory sion, so long as the suit was previously action under’’ and all that follows through of the United States. blocked in Federal court based upon ‘‘affords’’ ending in line 18, and insert ‘‘if the Modify the table of contents accordingly. sovereign immunity grounds. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2165 This amendment provides for closed about which one is better, which one is tend that trial, who have a great desire circuit televised court proceedings to more complete, how one deals more ef- and interest and a need to attend that allow victims to watch a criminal trial fectively with antiterrorism. Here is a trial. where the trial is moved out of the very compelling example. In Conyers- Mr. Chairman, the language has safe- State and a significant distance from Nadler-Berman, we have the stronger guards. The proceedings are not to be where it originally would have taken protections for United States citizens rebroadcast elsewhere. They are not place; that is, Oklahoma City to Den- who are the victims of violence in ter- available for Court TV or CNN or any- ver. The provision authorizes the ac- rorist states like Libya by allowing the one else that might wish to do so, be- ceptance of donations to pay the cost. suits against the terrorist nations to cause we want to minimize the disrup- No new spending is authorized. be brought directly in the United tive effect that some might fear would The amendment adds section 807, giv- States court. otherwise occur. Certainly the judge ing the FBI authority to conduct law Notice that, please. Mr. Chairman, retains his ability to say, if someone is enforcement training and instruction this is not fine print. This is a huge, a witness who might be affected by to foreign law enforcement officers in enormous difference in dealing with hearing the proceedings, then they can order to improve the effectiveness of the people that everybody keeps decry- be excluded, as the law already re- the United States in investigating and ing that we have to deal with. This is quires. prosecuting transnational criminal of- not rhetoric. We are talking about But to the people who otherwise fenses. With so many countries emerg- whose bill is going to be more effective. would have to relocate 600 miles for ing from Soviet dominance, it is imper- Currently, Mr. Chairman, the For- who knows how long, for an extended ative that the United States establish eign Sovereign Immunities Act pre- period of time, because of this trial, ties and help create professional law vents suits against foreign govern- this takes into account their need. enforcement organizations so that our ments, even if they sponsor terrorism. This allows them to exercise their efforts to investigate and prosecute This manager’s amendment by my rights as victims, for what little com- international criminal offenses is en- friend, the chairman, will allow such fort and help it might be to them; but hanced. suits against foreign terrorists in some whatever we can provide to them, we The amendment also strikes section instances. We allow it in the U.S. certainly want to do. Mr. Chairman, 310 of the bill, relating to the Attorney courts in all instances. Please, this is a this makes that possible. General’s reward authority. This provi- very important distinction. I therefore, I was pleased to hear this morning, sion violates rule XXI, clause 5(a), of reluctantly, oppose the manager’s Mr. Chairman, that the Judicial Con- the House rules in that it would pro- amendment. ference of the United States has en- vide different uses for appropriated Mr. Chairman, I reserve the balance dorsed this approach. It is a very nar- funds than those which were originally of my time. rowly crafted exception to the normal intended. In addition, reward authority Mr. HYDE. Mr. Chairman, I am rule against televising criminal pro- for the Attorney General has been en- pleased to yield 31⁄2 minutes to the gen- ceedings in Federal court; but it will be acted into law elsewhere. The Justice tleman from Oklahoma [Mr. ISTOOK]. of great benefit, we hope, for those who Department supports this change. Mr. ISTOOK. Mr. Chairman, I rise in had family members who suffered ei- Lastly, the amendment strikes sec- support of the amendment, as well as ther by loss of life of injury in that ter- tion 670 of the bill because it also vio- the legislation to which it is offered. rible explosion. lates rule XXI, clause 5(a), of the rules Mr. Chairman, in Oklahoma City last Finally, Mr. Chairman, the death of the House. It proposed to allocate April 19 when we had the horrific penalty reform provisions in this meas- fiscal year 1995 funds for the Depart- bombing that occurred, several things ure are very important to those same ment of Justice for purposes other than happened that have still not come to family members. As one person who those originally intended in that ap- rest that affect the 168 families of the lost a family member said to me, she propriations bill. Moreover, the provi- 168 people that were killed in that ex- does not want her newborn child to sion is moot because all fiscal 1995 ap- plosion. grow to adulthood before she can expe- propriations have already been ex- I appreciate the fact that the gen- rience the resolution of knowing that pended. tleman from Illinois, Mr. HYDE, the the person or persons responsible have Mr. Chairman, I reserve the balance chairman, has incorporated in this been brought to justice, and that jus- of my time. amendment language that was sug- tice, including the death penalty, can The CHAIRMAN. Does the gentleman gested to him by my colleague, the be carried out on that person. We do from Michigan [Mr. CONYERS] seek the gentleman from Oklahoma, Mr. LUCAS; not want these persons to have those time in opposition? language that was suggested to him by multiple years of uncertainty which Mr. CONYERS. I do, Mr. Chairman. myself, and language that I know Sen- this bill will remove by reforming the The CHAIRMAN. The gentleman ator NICKLES has expressed great inter- death penalty procedure so, again it from Michigan will be recognized for 10 est in. can be swift as well as sure. minutes. Mr. Chairman, the trial has been Mr. CONYERS. Mr. Chairman, I have Mr. CONYERS. Mr. Chairman, I yield moved from Oklahoma City to Denver, no further requests for time, and I myself such time as I may consume. a distance of some 600 miles. When we yield back the balance of my time. Mr. Chairman, the manager’s amend- have 168 stricken families with spouses, Mr. HYDE. Mr. Chairman, I yield 2 ment is not all bad. There are parts of husbands, fathers, children, grand- minutes to the gentleman from New it with which I think those of us on our parents, grandchildren, and other rel- York [Mr. LAZIO]. side would agree. atives, all of whom have a great inter- Mr. LAZIO of New York. Mr. Chair- It does, however, raise issues which est in the trial proceedings, we need to man, I want to begin by complimenting were not debated or even discussed dur- understand that we have a law on the the gentleman from Illinois [Mr. ing the committee markup. Why do we books that says a victim of a violent HYDE], chairman of the Committee on stay for weeks and months in the com- crime has a statutory right to attend the Judiciary, for putting in a bill that mittee and then come on the floor to the trial. But unfortunately, when this strikes a delicate compromise between get the latest version? I agree that ob- many people desire to attend the trial those who would cry out for personal ligation to require pretrial arbitration to exercise their right as victims, they freedom and those who understand and and lawsuits against terrorist states cannot do so if the trial has been recognize the tremendous threat to na- where terrorism occurs outside our Na- moved 600 miles away. It is a great tional security that terrorism poses to tion’s borders is a good idea. But why understaking and a great difficulty. Americans, both here and abroad. not go all the way and eliminate this Fortunately, Mr. Chairman, this por- I rise today in support of the amend- procedural obstacle completely, as does tion of the amendment specifies that ment and to the underlying bill, H.R. Conyers-Nadler? shall be a closed circuit rebroadcast 2703. This is a bill that goes a long way That is the difference. We are not back to the original location, to Okla- toward enabling us as a Nation to pro- talking about whether these are good homa City, for the benefit of those who tect ourselves from terrorism. Provid- points or bad points. We are talking are victims and have the right to ating physical security is, and it should H2166 CONGRESSIONAL RECORD — HOUSE March 13, 1996 be, the first order of business of any going to Denver to watch the trial seems cruel local officials, non-governmental organiza- government. and unfair. tions, including all national police organiza- The preamble to the United States I believe victims deserve the opportunity to tions, national sporting organizations and Constitution states that the view the trial of those accused of committing national industry associations with expertise in this area and such other individuals as foundational reason the Federal Gov- a crime. Although it is uncommon for a trial to shall be deemed necessary. Such study shall ernment is formed is to establish jus- be moved out of state, this manager's amend- be presented to Congress twelve months tice and to ensure domestic tran- ment would provide relief for those victims. after the enactment of this Act and made quility. Undoubtedly, as the Oklahoma This is the least we can do for those that ex- available to the public, including any data bombing and the bombing of the World perience such a great loss. tapes or data used to form such rec- Trade Center have reminded us, the Support the manager's amendment and ommendations. presence of terrorists is both home- show your support for victims of crime. (c) There are authorized to be appropriated grown and abroad. They are here in our The CHAIRMAN. The question is on for the study and recommendations such the amendment offered by the gen- sums as may be necessary. communities and they are there over- Page 34, strike line 6, and all that follows seas. Recent events in Tel Aviv and Je- tleman from Illinois [Mr. HYDE]. through the matter following line 2 but be- rusalem and Israel and Japan have also The amendment was agreed to. fore line 3 on page 47. demonstrated how tragically simple it The CHAIRMAN. It is now in order to Redesignate succeeding sections accord- is to commit terrorist acts in a crowd- consider amendment No. 2 printed in ingly. ed place. House Report 104–480. Page 48, strike lines 3 through 14. Redesignate succeeding sections accord- AMENDMENT NO. 2 OFFERED BY MR. BARR What terrorism does is to create a ingly. paralyzing fear in a targeted populace. Mr. BARR. Mr. Chairman, I offer an Page 63, strike line 14 and all that follows It is murder for political gain. Taking amendment. through line 23 on page 94. precautions against terrorist acts does The CHAIRMAN. The Clerk will des- Redesignate succeeding sections accord- not allow the terrorists to win, as some ignate the amendment. ingly. have suggested, but rather it renders The text of the amendment is as fol- Page 95, strike line 10 and all that follows lows: through line 17 on page 100. terrorists impotent by eliminating ac- Redesignate succeeding sections accord- cess and the means to perpetrate the AMENDMENT NO 2. OFFERED BY MR. BARR: ingly. terrorism. Page 28, strike lines 10 through 20, and in- Page 6, line 1, strike ‘‘or should have What we seek to do here today is to sert the following: known’’. strike a balance between preserving SEC. 112. STUDY AND RECOMMENDATIONS FOR Page 32, line 22, strike the one-m dash and freedoms we hold so dear and still pro- ASSESSING AND REDUCING THE all that follows through ‘‘(2)’’ on page 33, run tecting ourselves from terrorist acts. THREAT TO LAW ENFORCEMENT OF- in the material before and after the matter FICERS FROM THE CRIMINAL USE so stricken, and realign the margins of lines Our society places an extremely high OF FIREARMS AND AMMUNITION. 1 through 5 on page 33 so as to be flush to the value on liberty and privacy, but this (a) The Secretary of the Treasury, in con- margin. bill does not compromise it. How free junction with the Attorney General, shall Page 47, after line 22, insert the following: are we if we live in constant fear of or- conduct a study and make recommendations (b) EXCLUSION.—No study undertaken ganized murder on a massive scale in concerning— under this section shall include black or (1) the extent and nature of the deaths and smokeless powder among the explosive mate- the places we work, travel, and live? serious injuries, in the line of duty during This bill achieves a balance by combat- rials considered. the last decade, for law enforcement officers, Page 47, line 23, strike ‘‘(b)’’ and insert ing this threat while maintaining the including— ‘‘(c)’’. values that make America the freest (A) those officers who were feloniously Page 49, strike line 12 and all that follows Nation in the world. killed or seriously injured and those that through line 7 on page 51. died or were seriously injured as a result of b 1345 Redsignate succeeding sections accord- accidents or other non-felonious causes; and ingly. This bill is a good compromise and (B) those officers feloniously killed or seriously injured with firearms, those killed or The CHAIRMAN. Pursuant to the collectively reflects society’s outrage rule, the gentleman from Georgia [Mr. and commitment to defeating terror- seriously injured with, separately, handguns firing handgun caliber ammunition, hand- BARR] and a Member opposed each will ism here and abroad. It ends the spec- guns firing rifle caliber ammunition, rifles control 30 minutes. tacle of organizations like Hamas rais- firing rifle caliber ammunition, rifles firing Mr. HYDE. Mr. Chairman, I rise in ing millions of dollars here in America handgun caliber ammunition and shotguns; opposition to the amendment, and I to finance terrorism and murder and claim the 30 minutes in opposition. abroad, including murder of Ameri- (C) those officers feloniously killed or seri- The CHAIRMAN. The gentleman ously injured with firearms, and killings or cans. from Illinois [Mr. HYDE] will be recog- I urge my colleagues to vote a re- serious injuries committed with firearms taken by officers’ assailants from officers, nized for 30 minutes. sounding ‘‘yes’’ on this bill. and those committed with other officers’ Mr. HYDE. Mr. Chairman, I yield 15 Mr. LUCAS. Mr. Chairman, I rise today in firearms; and minutes to the gentleman from Michi- support of Mr. HYDE's amendment to H.R. (D) those killed or seriously injured began [Mr. CONYERS], and I ask unani- 2703. I support this amendment because cause shots attributable to projectiles de- mous consent that he be permitted to among other things, it provides for closed-cir- fined as ‘‘armor piercing ammunition’’ under yield blocks of time to other Members. cuit broadcating of court proceedings in cases 18, § 921(a)(17)(B)(i) and (ii) pierced the pro- The CHAIRMAN. Is there objection where a trial has been moved out of State, tective material of bullet resistant vests or to the request of the gentleman from bullet resistant headgear; and and more than 350 miles from the location (2) whether current passive defensive strat- Illinois? where the proceedings would have taken egies, such as body armor, are adequate to There was no objection. place. I appreciate the chairman and his staff's counter the criminal use of firearms against The CHAIRMAN. The Chair recog- efforts on this provision. law officers; and nizes the gentleman from Georgia [Mr. As the Member of Congress who represents (3) the calibers of ammunition that are— BARR]. downtown Oklahoma City, I believe this provi- (A) sold in the greatest quantities; and Mr. BARR. Mr. Chairman, I yield my- sion is crucial, especially in light of the upcom- (B) their common uses, according to con- self such time as I may consume. sultations with industry, sporting organiza- ing trial of the suspects in the bombing of the tions and law enforcement; and Mr. Chairman, we are debating here Alfred P. Murrah building. Recently, this trial (C) the calibers commonly used for civilian today fundamentally important legis- was moved from Oklahoma City to Denver, defensive or sporting uses that would be af- lation. It is fundamentally important and the judge ruled cameras impermissible in fected by any prohibition on non-law en- legislation because there is no more the courtroom. forcement sales of such ammunition, if such basic, more critical, more fundamental For the victims and survivors of this, the ammunition is capable of penetrating mini- and more important duty of our Gov- worst terrorist attack to occur on U.S. soil, the mum level bullet resistant vests; and ernment than to protect its citizens, (D) recommendations for increase in body trial and any subsequent punishment of those armor capabilities to further protect law en- their homes, their businesses, our pub- who committed this heinous crime are part of forcement from threat. lic institutions from acts of terrorism, the healing process. For most, this is a time (b) In conducting the study, the Secretary from acts perpetrated by criminals in to rebuild their lives, therefore the upheaval of shall consult with other Federal, State and whatever capacity whatsoever. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2167 Mr. Chairman, I think it is also im- I would draw attention, for example, areas. It is not a vast expansion of Fed- portant as we debate this important Mr. Chairman, to section 212(a)(3)(b) of eral authority. For example, further, bill, the effective Death Penalty and our Immigration Act, which clearly de- Mr. Chairman, with regard to title I, Public Safety Act of 1996, to be careful fines and gives the Government full the bill does prohibit material support and mindful of how best to frame the and plenary power to exclude and de- to terrorist organizations. It is clearly debate over these issues. port not only terrorists but terrorist limited to those who provide material, I do not think it would be appro- organizations. I would also draw atten- demonstrable, substantive support to priate, Mr. Chairman, to think of our tion, Mr. Chairman, to the provision in terrorist organizations, not any organi- framing this debate in terms of pre- my amendment which would seek to zation but terrorist organizations. venting every act of terrorism. If we delete section 601 of this bill that re- Further with regard to title I, it is framed the debate thusly, then we lates to special, read that secret pro- important to recognize the very strict would be forever frustrated in our anal- ceedings to exclude or deport aliens limitations included in H.R. 2703. For ysis, in our efforts, because we will with provable terrorist connections. example, with regard to acts of terror- never stop criminal activities, no mat- If the Barr amendment is adopted, ism transcending national boundaries, ter how many laws we pass, no matter Mr. Chairman, on this particular point, there are several explicit limiting pro- how effectively or how broadly all of as one example of the balance in my visions in this legislation. The underly- those criminal laws are enforced. amendment, we will be doing nothing, ing predicate with provides for the Rather, Mr. Chairman, we need to absolutely nothing to weaken the very basic Federal jurisdiction, in the first keep this debate focused on two things. strong tools that our Government cur- place, it must cross national bound- First, Mr. Chairman, how can we most rently has under the Immigration Act, aries. There must be one of several ad- effectively and most comprehensively for one example, to exclude and deport ditional jurisdictional bases before the minimize the chances for acts of terror terrorists or terrorist organizations. Federal Government can become in- being committed against our citizens, My amendment, with regard specifi- volved. our institutions, and our homes? The cally to section 601, would simply say Third, the Attorney General must second point that we must keep in we must do so openly, in the light of certify explicitly in writing that the mind, Mr. Chairman, throughout this day, without having the entire proceed- proposed case which it seeks to pros- and other debates that we will have in ings not only secret but so secret that ecute is also a Federal crime of terror- this great body, is how would we do so, the defendant himself or herself is not ism that explicitly, and I repeat explic- how do we pass laws that minimize the even made aware of the evidence itly, requires that the crime be de- chance for terrorist acts and other against them other than in at best a signed to influence or to affect U.S. criminal acts being committed, bal- summary form, with that summary Government policies or conduct. It anced against the very important, fun- provided by the Government. must relate, then, to a series of explic- damentally important civil liberties I would also want to ensure that my itly laid out provisions in our current that all of us here in this country colleagues know that again, for exam- enjoy enshrined in that great docu- criminal code. ple, with regard to my proposed dele- For those Members, Mr. Chairman, ment, our Constitution. tion of section 601, that the provisions Indeed, Mr. Chairman, the balancing who are very properly fearful of abuse of the Classified Information Protec- of Government power, which does occur of these concerns is fundamental to the tion Act or CIPA remain fully avail- from time to time, and are hesitant to very makeup, the very structure of our able to the Government. If my amend- grant ever-increasing powers to the Government; the balance between indi- ment is adopted, it does not weaken Government without a firm constitu- vidual freedom and government power, the ability of our Government to pro- tional and practical basis for doing so, and another balance that is important tect against disclosure of classified, I say to them that those provisions in to keep in mind, Mr. Chairman, the important national security informa- title I are replete with provisions that balance between government account- tion in whatever proceeding, including explicitly limit the reach of the Fed- ability and absolute government exclusion or deportation proceedings. power. I would also like, Mr. Chairman, to eral Government only to those in- Mr. Chairman, this bill that we are focus on many of the limitations that stances of criminal behavior directly considering here today, crafted in large the chairman and others who support affecting our Federal public institu- part by my esteemed colleague from Il- this legislation have very properly tions and personnel. linois, the great chairman of the Judi- crafted into the bill, that provide a Returning, Mr. Chairman, to my pro- ciary Committee, in almost every re- very real and very substantial limit on posed amendment and its constituent spect properly balances those concerns, expansion and abuse of Federal author- parts, I believe it does correct some re- and indeed should be a hallmark for ity, and we all know that from time to maining imbalances in H.R. 2703 on the American people to look to in time that does in fact occur. which the chairman and his staff and I terms of how to craft legislation that For example, Mr. Chairman, with re- and my staff and dozens of other indi- does protect our citizens while being gard to title I of this bill, there is pro- viduals have worked mightily for the mindful of the important civil liberties tection afforded to all Federal employ- better half of a year on this. For exam- guaranteed to all of us. ees and former Federal employees ple, Mr. Chairman, there are provisions But, Mr. Chairman, I have before this against somebody seeking to kill them in this bill currently which I would House today at this time an amend- because of their Federal employment. seek to delete, which do not affect the ment that includes several provisions This corrects, I think, Mr. Chairman, underlying important substance of the that I believe strengthen that balance an imbalance in the current laws of our bill but which would avoid potential on the side of protecting individual lib- country that would afford that protec- problems in the future. erties, while at the same time giving to tion only to certain covered, explicitly If the Government, for example, Mr. the Government those tools that it listed in our statute, categories of Fed- Chairman, is going to prosecute some- needs to effectively investigate and eral employees. one who sells a firearm to somebody prosecute acts of terror. I do not think, Mr. Chairman, that if who then later uses it in the commis- With regard to the various provisions a person who works for our Social Se- sion of a crime, I do not believe it is in H.R. 2703 that my amendment seeks curity Administration goes to work, unreasonable to require the Govern- to delete, Mr. Chairman, I think it is that he or she should do so knowing ment to prove beyond a reasonable also important to note that in many of that they are any less valuable to our doubt that the person that sold that these instances I have proposed their country and should receive any less firearm knew that it was going to be deletion knowing that there are exist- protection than somebody that works subsequently used in the commission of ing, current Federal laws which will re- across the hall from them, that may a crime. main on the books and fully available work for the U.S. attorney’s office in- Changing and lowering that burden to our law enforcement agencies and stead of for the Social Security Admin- substantially, Mr. Chairman, as the our Federal prosecutors, laws and ade- istration. current provisions of H.R. 2703 would quate safeguards to protect us against This bill properly protects against do, to the person having reasonable acts of terrorism. abuses of Federal authority in these cause to believe, for example, that the H2168 CONGRESSIONAL RECORD — HOUSE March 13, 1996 firearm might be used in a future will strengthen that study that is re- counterterrorism center, which the in- crime, is too vague. It is unnecessary. quired currently by H.R. 2703. With re- telligence agencies and the FBI want- The Government can currently reach gard, Mr. Chairman, to what I consider ed, to my regret. the person that sells a firearm with the linchpin of this legislation, and We have no way to pay for digital te- reasonable knowledge that it will be that is habeas corpus reform, it is im- lephony, which will permit our law en- used in the commission of a crime. portant to recognize that the proposed forcement to wiretap fiber optics, A further provision explicitly dealt amendments in H.R. 2703 to our Fed- which is the wave of the future, to my with, Mr. Chairman, in my omnibus eral habeas corpus laws strike a very regret. But, we bent over backwards to amendment addresses section 305, the appropriate balance between Federal accommodate the distinguished gen- so-called Mack truck provision. I call and States’ rights that is not currently tleman because we wanted his support. this a Mack truck provision, Mr. Chair- in place. The reforms contemplated by Evidently, we did not bend over far man, because it is so broad, in looking H.R. 2703 will stop the endless, point- enough, because now we have several back over it, that one could drive a less, and abusive delays currently other objections to our bill that he Mack truck through it. available to those in our State court seeks to strike. b 1400 system to avoid the carrying out of a First of all, let me make clear I re- sist with whatever strength I can mus- This is the so-called good-faith ex- death sentence. I was dismayed, though not sur- ter the gentleman’s amendment with- ception to the exclusionary rule for out in any way diminishing my pro- wiretap evidence. In layman’s terms, prised, to read, Mr. Chairman, that re- found respect for his sincerity and for Mr. Chairman, this provision would cently in my home State of Georgia a his scholarship. allow the Government to use whatever new trial had just been granted to an But, for example, he strikes section it overhears in any electronic surveil- inmate in a State institution in Geor- 301 of the bill relating to pen registers lance activity, whether related to a gia who had committed murder and and trap and trace devices for foreign crime of terrorism or any other crime who had been sentenced to death. Not 2 counterintelligence investigations. We or other behavior which the Govern- years before, not 5, not 20, but 23 years are talking about counterespionage ment seeks to stop, even if that evi- before, and had just been granted a new cases where one is suspected of being a dence was acquired illegally, as long as trial. the Government can go into court and The reforms of our habeas corpus spy for a foreign government. Pen reg- show that it believed or its agents be- laws in this bill strengthen us and get isters record the telephone numbers lieved that they were operating in good us back to what our habeas corpus laws called from a telephone; trap and trace faith. were intended to be, and that is a true devices record the telephone numbers Mr. Chairman, in title 18, there are safety valve for serious abuse by either calling into a telephone. The law re- very extensive steps which the Govern- a Federal or a State court judge. They quires that a court order must be ob- ment must take in each and every in- bring a better balance, because under tained before these devices can be instance in which it seeks to surveil one this bill no longer would a Federal stalled, and it does not seem to me too of our citizens or anybody else elec- judge be able to arbitrarily take in any big a stretch for our law enforcement tronically in this country. As a former habeas corpus case that he or she to learn who is calling whom in an ap- United States attorney, Mr. Chairman, wants for whatever reason they want. propriate criminal investigation after I had to be involved in that process on Rather, they would have to, under H.R. a court order. numerous occasions. It is a very power- 2703, they would have to show that This is especially vital in espionage ful law enforcement tool. But by the there is an articulable and reasonable cases because of the necessarily secre- same token, Mr. Chairman, those safe- basis for bringing that case into the tive nature of the contacts between a guards built into the current title 18 of Federal system. It is a true safety spy and a foreign government agent. our code which restrict the ability of valve. Yet it would not be one that There is no fourth amendment protec- our Government to engage in elec- could continue to be abused as the cur- tion for one’s telephone number. But, tronic surveillance are very proper be- rent provisions allow. in striking this from the bill, we seem cause of the very invasive nature, in- Moreover, Mr. Chairman, the provi- to imply one. herent nature of electronic surveil- sions in H.R. 2703 that relate to reform Strike section 305, this is serious. lance. of our Federal habeas corpus laws This provides in the bill a good-faith I do not believe, Mr. Chairman, that would place reasonable time limits on exception to the statutory exclusion- we should in any way at this time be the use of the Federal habeas corpus ary rule for wiretap evidence. In other granting such very broad exception au- provision. There have to be reasonable words, if you get a court order, a war- thority to the Government as the cur- limits. There has to be a reasonable rant to wiretap, and there is a defect, a rent section 305 would do. H.R. 2703 balance, else it will be an unreasonable technical defect, but it was made in also, Mr. Chairman, would require a system and wreak havoc on the Amer- good faith as determined by a judge, study of so-called armor-piercing am- ican people, as we have seen in decade you still have a suppression of that evi- munition. My proposed amendment im- after decade. dence, because it did not comply with proves on that requirement. It im- Mr. Chairman, I reserve the balance the fourth amendment. proves on that requirement, Mr. Chair- of my time. Well, I hate to remind our people, but man, by requiring that the Secretary Mr. HYDE. Mr. Chairman, I yield my- this Contract With America, which was of the Treasury, in carrying out this self such time as I may consume. signed by myself and the gentleman important study to protect the lives of (Mr. HYDE asked and was given per- from Georgia and others, specifically our police officers, is conducted in a mission to revise and extend his re- provides, on page 62, for a good-faith comprehensive way and in a com- marks.) exception to the exclusionary rule. The prehensive context, studying not only Mr. HYDE. Mr. Chairman, this is a contract says too many guilty go free the effects, the availability of armor- very interesting and important debate. because of simple technical errors com- piercing ammunition, which, I would Frankly, as the distinguished gen- mitted by officers who believed they hasten to add, is currently illegal tleman from Georgia said, we nego- were conducting proper investigations. under U.S. law. My proposed amend- tiated for 3 months trying to get a bill May I say, the gentleman from Geor- ment, which changes and expands the in proper shape that would be accept- gia was a leading defender of the good- nature of that study, does nothing as able to people of different points of faith exception to the exclusionary does H.R. 2703 currently does nothing view in this matter. We took out emer- rule on February 7, 1995. I have his re- to amend or weaken or delete the pro- gency wiretap provisions, to my regret. marks here, and they do make stirring visions currently in Federal law in We took out roving wiretap provisions, reading, and I commend them to my title 18, section 922, that make the im- to my regret. We took out use of the colleagues. But that is out, under the portation or sale of armor-piercing am- military to protect against the use of gentleman’s amendment, somewhat to munition illegal in this country. chemical warfare, say, in mass trans- my surprise. This provision, though simple, Mr. portation, to my regret. We took out Another part of the bill that the gen- Chairman, in my proposed amendment funding provisions for that domestic tleman from Georgia strikes is section March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2169 601, the alien terrorist removal provi- cial review is provided to the group or court order against any person, wheth- sions. I vehemently oppose effort to the individual. er they are foreign or domestic, terror- strip these provisions from the bill. I do not know how much more pro- ist or somebody that simply violates These were thoroughly discussed, detection you can have to protect us one of the other provisions of our bated in committee, and the bill will be from alien terrorists, who really have criminal laws. We are not weakening incomplete without these alien terror- no right to come in this country, any- that capability which our Government ist removal provisions. They do not way. In any event, that is barred, and now has. deny due process rights to aliens. An the process by which these groups are With regard to my distinguished alien will not find himself in these pro- designated as terrorists. And, so, with chairman’s reference to the good-faith ceedings unless a Federal district court Hamas, Hezbollah, Islamic Jihad, there exception, oh, how I wish it were as judge finds that there is probable cause is no way to designate them as terror- limiting as he would have us believe. It to believe that the alien is a terrorist ist organizations. does not simply say, if wiretap evi- and that the use of normal deportation We can designate a terrorist country dence is sought to be introduced into proceedings would pose a risk to the under another law, thank God. They evidence and yet is excludable because national security of the United States. have not found that yet or they would of a technical defect in the wiretap The alien in entitled to court-ap- take that away. documentation, that it can be admit- pointed counsel at these special hear- But here they are not going to let ted. ings, which will be open to the public. you designate terrorist organizations. It is not so limiting. It applies to any The alien gets extensive rights to Your Washington Post today, on page evidence whatsoever, in whatever type confront and cross-examination wit- A18, says Hamas is raising money in of case whatsoever, that is obtained by nesses and examine any nonclassified the United States today. Are you com- our Government pursuant to electronic information. fortable with that? I am not. surveillance, gathered in violation of Now, when you get to classified infor- Mr. SCHUMER. Mr. Chairman, will those provisions of our law that set mation, it may be used as evidence in the gentleman yield? limits on the admission and the gather- the deportation proceedings, but only Mr. HYDE. I will yield to the gen- ing of electronic surveillance, so long if the alien is given an adequate sum- tleman. as the Government agents can come mary of the classified information that into court with a straight face and say b 1415 will enable him to defend the allega- we did it in good faith. tions. Mr. SCHUMER. Is the gentleman Mr. BURTON of Indiana. Mr. Chair- Legal permanent resident aliens will saying that under the Barr amend- man, will the gentleman yield? be given an attorney at Government ment, Hamas would continue to be per- Mr. BARR. I yield to the gentleman from Indiana. expense who can challenge the classi- fectly allowed to raise money here in Mr. BURTON of Indiana. Mr. Chair- fied information if no summary can be America, members of Hamas would be man, this is one of our major concerns provided. The only circumstance in allowed to come to America? Is that correct? among the groups called the conserv- which classified information can be ative action team in the House. I just used without providing a summary to Mr. HYDE. That is correct. Mr. SCHUMER. Mr. Chairman, that want to make absolutely clear to all of the alien is if the judge finds that pro- our colleagues what the gentleman is viding the summary would cause seri- is amazing. I thank the gentleman. Mr. HYDE. Last, Mr. Chairman, the saying right now, and I want them to ous and irreparable harm to the na- understand it. This is going to expand tional security of the United States or gentleman strikes the reasonable- cause-to-believe language in section 102 the ability for people to be wiretapped serious bodily injury to any person, way beyond where it is right now. relating to knowingly providing mate- and the continued presence of the alien Mr. BARR. Mr. Chairman, the gen- rial support to terrorist organizations, in the United States would pose the tleman is correct. same risks. and section 204 relating to knowingly Mr. BURTON of Indiana. So any citi- The Government’s burden of proof, as transferring a firearm to another, zen of the United States might be sub- in regular deportation proceedings, is knowing or having reasonable cause to ject to this good-faith exception which to establish by clear and convincing believe it will be used in a crime of vio- would allow the Government to find evidence that the alien is a terrorist. lence or drug trafficking offense. something out about them inadvert- Now, please hear me, the Supreme The key here is knowingly or having ently through a wiretap that could Court and lower Federal courts have reasonable cause to believe. Now, what cause them unbelievable problems. upheld the authority of the Immigra- the gentleman from Georgia [Mr. Mr. BARR. The gentleman is correct. tion Service to use classified informa- BARR] objects to is reasonable cause to Mr. BURTON of Indiana. I think my tion in the cases of aliens who seek dis- believe, thinking that is too amor- colleagues ought to think long and cretionary relief from deportation phous a standard. I just submit that it hard about that. One of the things we without disclosing such information to is the law in all other places in the are concerned about is expanding the the applicant. code. I suggest 18 USC section 922(f)1 Government’s ability to spy on or to I have got all the citations here. The and (i), for instance. So this is nothing find out everything about any individ- sixth-amendment protection of our new or strange. ual in this country. Expanding this confrontation rights has no application I just submit it will be unfortunate if wiretap provision, I think, is some- in deportation proceedings, because the Barr amendment passes, because thing that is very, very disconcerting they are purely civil matters. They are we eviscerate the bill. It still has some to me and many of my colleagues. not criminal. Striking these provi- good in it, but it is a frail representa- Mr. BARR. I thank the gentleman for sions, as the gentleman does, would tion of what started out as a robust an- his insightful comments. lead to alien terrorists being allowed to swer to the terrorist menace. Mr. Chairman, I would also direct my remain in the United States, to harm Mr. Chairman, I reserve the balance learned colleagues who oppose this our citizens and lawful residents. of my time. very limiting and responsible and rea- Now, the next thing I object to is his Mr. BARR. Mr. Chairman, I yield my- sonable amendment that I am propos- striking of section 611. Section 611 bars self such time as I may consume. ing to our Immigration and National- entry of representatives and members Mr. Chairman, with regard to the ity Act laws. There could be no broader of designated terrorist organizations comments made by my distinguished definition of terrorist activity or ter- and the process by which those foreign colleague, the chairman of the Com- rorist organization or of the activities groups are designated as terrorists. By mittee on the Judiciary, I would want in this country in which those people passing the Barr amendment, you re- our Members to understand that in de- would want to engage, such as raising move from the bill the process by leting section 301 of this bill as my money for a terrorist organization, which groups are designated terrorists. amendment would do, we are not in than is currently found in our Federal These are not done arbitrarily with the any way preventing, prohibiting, or laws. We have the protection currently. Attorney General, who provides the weakening the government of our We have the capability currently to factual evidence to Congress, and judi- country from seeking information by deal with these problems. H2170 CONGRESSIONAL RECORD — HOUSE March 13, 1996 What I have a great concern with are mitting use of secret evidence against Libya, Iran, Iraq, or Hamas or whoever those provisions in H.R. 2703 that criminal aliens, whom we want to de- come over, bomb a building, kill a lot would give this President or any Presi- port, I call that the Star Chamber of people, we are going to be the ones dent and his or her Secretary of State court provision, to reinstate the court to blame for it, not somebody else. unilateral plenary authority to de- of Star Chamber that our ancestors re- Some of the things in the Barr clared some group they do not like a belled against in this country. I agree amendment we can differ on, we can terrorist organization. that this provision is unconstitutional say we agree with or fudge around the Our current laws, which we are not and is overbroad and is very destruc- corners. But the gentleman does not seeking to amend, provide the nec- tive of civil liberties, but we in our allow us to break it apart. It is a total essary safeguards and capability for amendment modify it. We provide basic package. you either take it or leave it, our Government. due process protections. Again, with- and we must leave it. In the strongest Mr. Chairman, I reserve the balance out that we could not deport criminal possible terms I urge the defeat of the of my time. aliens, not aliens, but alien terrorists Barr amendment. It is irresponsible. Mr. CONYERS. Mr. Chairman, I am in many situations. Mr. BARR. Mr. Chairman, I yield 1 pleased to yield 3 minutes to the gen- So I commend the gentleman from minute to the distinguished gentleman tleman from New York [Mr. NADLER], Georgia [Mr. BARR] and commend from North Carolina [Mr. TAYLOR]. the cosponsor of the Conyers-Nadler many of the provisions of his amend- (Mr. TAYLOR of North Carolina substitute. ment, which, as I said, we duplicated in asked and was given permission to re- Mr. NADLER. Mr. Chairman, let me our amendment, but, unfortunately, I vise and extend his remarks.) begin by commending the gentleman cannot support this amendment, be- Mr. TAYLOR of North Carolina. Mr. from Georgia [Mr. BARR] for his dili- cause it removes the anti-terrorist pro- Chairman, if we knew that government gence and some of the provisions in his visions which should be modified but was perfect and it was all goodness and amendment, many of which I would not removed. light, we might not need this amend- point out are not copied, but included Mr. HYDE. Mr. Chairman, I yield 2 ment. We know from the Travelgate in identical form in the Conyers- minutes to the gentleman from Florida revelations that justice is not always Nadler-Berman amendment. [Mr. MCCOLLUM]. blind. In fact, it is not even always just We agree, I certainly agree, and I (Mr. MCCOLLUM asked and was when administered by individuals. We commend the gentleman for his provi- given permission to revise and extend know that the government will mess sion, that would remove section 301, his remarks.) up a one car funeral, and, when dealing Mr. MCCOLLUM. Mr. Chairman, rea- granting the FBI new authority on pen with our civil rights, that is a mistake sonable men differ on issues reason- registers and trap and trace devices. we do not want to make. We agree with and I commend the gen- ably, and I agree with the gentleman I support the Barr amendment be- from Georgia that we need balance in tleman on his section disallowing the cause it would protect innocent fire- this area. But I do not think he is provision in the bill to allow wire- arm vendors who could be held liable striking the balance, and I must oppose tapping evidence obtained in good faith for failure to know they are lending strenuously this amendment, because I against defendants, as the gentleman support to those who may commit frankly think it guts this terrorism points out, the Mack truck provision, crimes. bill. If we enact the provisions that he without any court order. It is a terrible The amendment corrects privacy is asking us to enact to strike from violation of civil liberties and a very concerns by eliminating the right of this bill those things he wants to dangerous expansion of Government law enforcement officers to access cer- strike in toto, the sum of that would be power. Again, we do this in the sub- tain consumer, hotel, telephone, and highly irresponsible. stitute that will be considered later. I particularly am concerned with a employer records in order to conduct a There are a number of others. We provision just mentioned, the exclusion criminal investigation. Most impor- agree with the gentleman and include of the denial of asylum for alien terror- tantly, the Barr amendment corrects in our bill the deletion of section 112 ists. The ability of the Secretary of the overreaching language in title III and modification of section 304. State to name foreign organizations in which would allow for good faith excep- Unfortunately, I cannot support the the Federal registry as terrorist orga- tions to the exclusionary rule for per- amendment, though I agree with a lot nizations is absolutely essential. Some- mitting evidence obtained by wiretaps. of what it does. As I said, much of what body has got to do that. I have serious concerns about giving it does is included in the substitute we We very strictly confine in this legis- law enforcement officers even more will be offering later, because, to quote lation who does it. But, by golly, we power to use wiretapped evidence, and the Congressional Quarterly’s Washing- have to identify who they are and what therefore I support the Barr amend- ton Alert of yesterday, it says that this the foreign terrorist organizations are, ment. amendment would dump most of the and then kick those people out and do Mr. CONYERS. Mr. Chairman, I yield provisions aimed specifically at terror- not let them come in. 2 minutes to the gentleman from North ist activities and would turn the pack- We are talking now about asylum Carolina [Mr. HEINEMAN], a distin- age into a simple anticrime bill. seekers. We do not want people to come guished member of the Committee on There is nothing wrong with an into our airports in New York and the Judiciary. anticrime bill, but we are supposed to Miami and San Francisco and have the Mr. HEINEMAN. Mr. Chairman, I be dealing here with an antiterrorism opportunity when they set foot in this stand in opposition to the Barr amend- bill. country to claim political asylum, ment. There are great sections of this Now, I understand the concern and ‘‘hey, I will be persecuted if I am sent terrorism bill, effective death penalty why the gentleman wants to delete the home,’’ and use that as a cover to stay reform, victims restitution, criminal provision allowing the Secretary of here, as we have had terrorists already alien deportation, that are great. That State to brand any organization as a do involving the World Trade Center is fighting crime. But what does it do terrorist organization and put it out of and other activities in this country. We substantively for the cops? business. We agree with the gentle- cannot afford to allow that to happen. This is not a cops bill. What the gen- man’s concern. But we cannot go so far If you take away the naming of the ter- tleman’s amendment does is it guts the as to delete it. What we have done in rorist organizations, as he does, and do bill. As stated in section 112 of the our substitute we will consider later is not allow them to be identified and overall bill, 112 states that the Na- to subject that to a meaningful judicial then have the power in this law to ex- tional Institute of Justice shall test review, to rein in that power. But with- clude them when they come into those every single commercial bullet in this out that, we have no prohibition that airports and deny them asylum, you country against every single piece of can be enforced against the funding have taken away an incredibly impor- protective armor that the policemen from the United States of terrorist or- tant tool we are going to all rue to carry, that they can buy commercially. ganizations. fight terrorism. Have you ever ridden downtown at Likewise, the gentleman’s deletion of The next time we have some major midnight? Were you ever scared? Cops the provision in I think section 601 per- foreign organization, a state from handle 911 calls. They cannot turn March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2171 them down. They have to go to a 911 crafted measure. There are those on Mr. BARR. I appreciate the gentle- call. When people are running out of both the far right and the far left who man’s generosity. banks, the cops have to run into banks, oppose it; I know that. But this amend- Mr. CONYERS. Does the gentleman and they have to feel secure that their ment, this amendment, just eviscerates know what I think? I think I can come protective armor is good and contains that bill. to my own conclusion, then, with the integrity. I will not support an amendment gentleman declining to explain this. I say that we need to deal with the that panders to either side. I will not Mr. Chairman, I have two conclu- cops. This is not a cops bill. We need to support an amendment that says it is sions. One, he intended to do it this retain section 112, which is a cops bill. fighting terrorism and does nothing to way; and, two, it was sloppy draftsman- I say let us leave politics out of this. stop a Hamas or any other terrorist or- ship. Who knows? But we have got a problem, I would say to the gentleman, b 1430 ganization from raising money here in America. I will not support an amend- and it has been delineated very care- Mr. CONYERS. Mr. Chairman, I yield ment that makes fighting terrorism, fully in the discussion so far. Five min- 3 minutes to the gentleman from New something we should all care about, a utes from now the gentleman will York [Mr. SCHUMER], former chairman sham. I strongly urge my colleagues on never have a chance to explain any- of the Subcommittee on Crime of the both sides of the aisle to oppose this thing about this before 435 people vote Committee on the Judiciary. amendment. on it. It is a very important subject Mr. SCHUMER. I thank very much Mr. BARR. Mr. Chairman, I yield 1 matter. Some people are saying that the gentleman for yielding this time to minute to the gentleman from Indiana whether this amendment succeeds or fails will determine the fate of the me. [Mr. BURTON]. Mr. Chairman, like the gentleman Mr. BURTON of Indiana. Mr. Chair- antiterrorist bill in the House of Rep- from North Carolina [Mr. HEINEMAN], I man, I thank the gentleman for yield- resentatives. We have a lot of things floating consider myself a strong friend of law ing this time to me. Let me just say around here, and I just think that the enforcement. I consider this amend- that I want to vote for this bill, but I ment, the Barr amendment, to be the gentleman might want to make us at cannot vote for it without the Barr least understand what he is doing. He most anti-law enforcement amendment amendment in it, and I want to tell my that we will see in this entire bill. is a respected person, a former leader colleagues why. in the Department of Justice. What in Mr. Chairman, if we ask police offi- If the Government of the United cers, if we ask FBI agents, about the the world is going on here? Does the States can through, quote-unquote, gentleman know that he would allow Barr bill, they will be amazed that any- good faith tap our phones and intrude the Islamic Jihad to come into the one who considers themselves pro-law into our lives, they violate our con- United States and not be denominated enforcement would vote for this, and stitutional liberties, and that is some- a terrorist organization in his bill? let me make one thing perfectly clear: thing that we should not tolerate, and May I get the gentleman’s attention? Under the Barr amendment, Hamas that is in section 305 and section 307. If the gentleman does not want to talk will be allowed to continue to raise The FBI can gain access to individual to me, he does not have to, but does funds here, and an individual can write phone billing records without a sub- the gentleman know that? That is a on their passport that they are part of poena or a court order. Once again I be- fact. Hamas, and the State Department can- lieve that infringes upon our constitu- Mr. BARR. Do I know what? not prevent them from coming here. tional rights and liberties, and while Mr. CONYERS. Well, if the gen- I would ask my good friend from we are trying to deal with terrorism, tleman would listen to me, I will re- Georgia, does he remember the sheik, a and we should, we should not violate peat it again so the gentleman can re- man who came in, who was part of a our constitutional rights and liberties, spond to me. terrorist organization, and blew up the and I believe this bill in its present Does he know that the Islamic Jihad World Trade Center and killed inno- form does. And that is why I think the would be not denominated a terrorist cent people? Under the Barr amend- Barr amendment is absolutely essen- organization under his provision? Does ment the sheik could say I am part of tial if we are going to pass something he understand that? a terrorist organization and walk right that will really deal with terrorism Mr. BARR. If the gentleman would into America, and then he could raise crime, but protect the liberties that we yield, I know that current law would so money and send it back home to be fought so hard for in the Revolutionary designate it; yes, I know that. Current used for blowing up innocent people. War. law would designate Hamas. Mr. CONYERS. And is that why the This amendment is a travesty. If this Mr. CONYERS. Mr. Chairman, I yield gentleman left it out of the bill, of his amendment passes, and I have put my myself 41⁄2 minutes. amendment? guts into this bill, I have taken a good Mr. Chairman, I am not quite sure amount of flack from people on my Mr. BARR. It is under current law. where the gentleman whose amend- Mr. CONYERS. Is the gentleman sug- side. But I cannot vote for this bill ment this is is coming from because of gesting that the chairman of the Com- with the Barr amendment because it his very strong prosecutorial and law mittee on the Judiciary does not un- will become a total sham. It will not be enforcement background, and it leaves derstand that, that the chairman of the an antiterrorism bill, it will not be a me confused that his amendment does Subcommittee on Crimes does not unpro-law enforcement bill. It will just be not stop the FBI from intercepting derstand, that all the members on the a shred of something that is left. stored e-mail and electric funds trans- Committee on the Judiciary do not un- And do my colleagues know what? If ferred information, although he does derstand what the gentleman alone un- we in this body dare vote for this prevent the FBI from obtaining infor- derstands? Of course we have got to de- amendment and then vote for the bill, mation from 10 registers which record nominate that. We have got to denomi- we will understand why the American the numbers dialed on a telephone. Was nate them as terrorists. That is why we people think we are hypocrites. Be- there some law enforcement reason are having—I am not yielding any- cause we cannot say we are passing an that the gentleman drafted his amend- more, I am not yielding anymore. antiterrorism bill, and then put noth- ment in that way? That is why we are here today, I ing in it, and take out every provision Mr. Chairman, I would yield to the would say to the gentleman, legislating because of some hypothetical. What are gentleman if he chooses to make a re- an antiterrorist bill, not a criminal law we thinking of here? People’s lives are sponse about it. bill, but an antiterrorist bill. And for at risk. We have had people die of ter- Mr. BARR. I will address those and the gentleman to hold up an orange rorism. It was not even thought about other issues on my time. I have learned book and tell me that it is already in that on these sacred shores terrorists early on that it is not best to do it on the law, I think I understand what I am could kill our citizens, and now we somebody else’s. going to do with the gentleman’s have seen several events where people Mr. CONYERS. The gentleman does amendment. are dead. not have much time left. My colleague, Mr. BARR. Mr. Chairman, I yield 2 The bill that the gentleman from Illi- I am being super-generous this after- minutes to the distinguished gen- nois has put together is a carefully noon. tleman from Oklahoma [Mr. COBURN]. H2172 CONGRESSIONAL RECORD — HOUSE March 13, 1996

Mr. COBURN. Mr. Chairman, I rise strong on terrorism, and terrorism in- Carolina [Mr. WATT], my distinguished today in support of this amendment. I, cludes our law enforcement officers colleague on the Committee on the Ju- too, want to support this bill, but I who day after day after day are con- diciary. think that there is a balance that has fronted by surprises in the community. Mr. WATT of North Carolina. Mr. been drafted very carefully by the gen- We have in this bill an appropriate re- Chairman, I thank the gentleman for tleman from Georgia [Mr. BARR] to bal- sponse to cop killer bullets. That is to yielding time to me. ance what we need to do and, at the ensure that we look at the ammunition Mr. Chairman, let me say at the out- same time, protect individual rights to determine whether they kill and set that I am disappointed that the and liberties. whether, in fact, they provide a terror- gentleman from Georgia [Mr. BARR] did Terrorism in this country obviously ist atmosphere for our law enforce- not include in his amendment a provi- poses a serious threat to us as a free ment. sion to take the habeas corpus provi- society. It generates fear. But there is What does the Barr amendment do? sions out of this bill. But he did not do a far greater fear that is present in this It simply provides a study to see if we that. I have to evaluate his amendment country, and that is fear of our own have killed any cops. Would not my on its merits. Government. We should not further colleagues say that we did not want Mr. Chairman, I want to say this to that fear. We should not do anything to Oklahoma City to happen? If we have my colleagues. There is politics all promote further lack of confidence in an opportunity today on the House over this place, on the right, on the our own Government. Public officials floor to prevent terrorist activities left. But I want to tell my colleagues must recognize that our citizens fear against our law enforcement officers in that the Constitution of the United not only terrorism, but our Govern- communities like St. Louis, MO, or States protects conservatives, protects ment as well. Houston, TX, Detroit, MI, Atlanta, GA, liberals, protects moderates. The Con- A recent Gallup Poll found that an is not it our responsibility to, in fact, stitution of the United States protects astounding 52 percent of the people be- go in front of it and avoid cop killer black people and white people and lieve the Federal Government has be- bullets from getting on the street? Mexican-Americans, and the whole come so large and powerful that it What about terrorist fund-raising ac- range and array of people. poses a threat to the rights and free- tivities? We have just seen the United To the extent that we undercut the doms of ordinary citizens. Four out of Way stopped from fundraising if they provisions of the Constitution of the ten thought that this danger was im- do a little lobbying to increase more United States, we do our whole Nation minent. We can ill afford to pass legis- dollars to help kids in our neighbor- a disservice. The gentleman from Geor- lation in the name of antiterrorism hoods and our communities. But yet we gia [Mr. BARR] is putting back in some that is seen by many law-abiding citi- are going to allow, through the Barr sanity and some constitutional provi- zens of this country as a threat to their amendment, the opportunity for indi- sions. I think we ought to support his freedoms. viduals to fundraise and to encourage amendment. The Barr amendment deletes provi- terrorist activities in this community, Mr. CONYERS. Mr. Chairman, I yield sions of the bill that I feel are essential in this Nation, with taxpayer dollars. myself such time as I may consume. to protect individual rights. I believe Our constituents’ dollars, fundraising Mr. Chairman, let me ask my friend, this bill violates constitutional rights for terrorist activities; this is not a the gentleman from North Carolina, without the Barr amendment, and it good approach to terrorism. Let us who told us that we ought to remember takes away personal liberties which are vote this amendment down. how color-blind the Constitution is and Mr. HYDE. Mr. Chairman, I yield 1 so precious, and we should not sacrifice that the provision of the gentleman minute to the gentleman from Ohio them for any cause. from Georgia [Mr. BARR] does some- For that reason I urge my colleagues [Mr. OXLEY]. thing good, tell me, why is the gen- (Mr. OXLEY asked and was given to join me in support of the amend- tleman supporting the Barr amend- permission to revise and extend his re- ment. The Barr amendment protects ment, just for the record? marks.) our precious individual liberty. Mr. OXLEY. Mr. Chairman, I rise in Mr. WATT of North Carolina. Mr. Mr. CONYERS. Mr. Chairman, I yield opposition to the Barr amendment. Chairman, will the gentleman yield? 2 minutes to the gentlewoman from In the wake of the World Trade Cen- Mr. CONYERS. I yield to the gen- Texas [Ms. JACKSON-LEE], a distin- ter bombing and Oklahoma City, it is tleman from North Carolina. guished member of the Committee on unbelievable to me that we could be Mr. WATT of North Carolina. Mr. the Judiciary. standing here today debating an Chairman, I would tell the gentleman, (Ms. JACKSON-LEE of Texas asked amendment that would weaken the I am supporting the Barr amendment and was given permission to revise and ability of law enforcement officials because he restores the good faith ex- extend her remarks.) throughout the United States to pro- ception under the fourth amendment. Ms. JACKSON-LEE of Texas. Mr. tect us from this ever-growing menace Mr. CONYERS. Mr. Chairman, I take Chairman, I thank the ranking member in our country. my time back. That is all the gen- very much; I thank him for his leader- tleman is getting. ship. I thank the chairman of the Com- b 1445 Mr. Chairman, I yield the balance of mittee on the Judiciary for his leader- Mr. Chairman, I had a recent con- my time to the gentleman from Illinois ship as well. versation with the FBI Director. The [Mr. HYDE], chairman of the commit- Mr. Chairman, this is an important FBI is recognized worldwide as the tee. issue. It is against a backdrop of an in- most effective law enforcement agency Mr. HYDE. Mr. Chairman, I yield 1 cident that none of us in our lifetime in the world. Their efforts in the World minute to the distinguished gentleman would have imagined, the tragedy in Trade Center bombing and the Okla- from Delaware [Mr. CASTLE], the Oklahoma City. So we are facing this homa City bombing can stand as an ex- former Governor. issue, trying to emerge into unison ample of effective law enforcement, but Mr. CASTLE. Mr. Chairman, I thank around ensuring the safety of Ameri- they need the tools to do that. My con- the gentleman, not only for yielding cans on our shores without having ex- cern is that the Barr amendment limits time to me, but for his tremendous perienced a long history of dealing those tools that they use. work as the chairman of the committee with the terrorism of Oklahoma City. Mr. Chairman, let us have some faith in drafting the antiterrorist bill, which We have, of course, seen the tragedy of in our judicial system and our law en- I think is a very strong and needed Pan Am 103 and the Korean Air Flight forcement capabilities in this Cham- piece of legislation. 007. With that in mind, then, we must ber. If we pass the Barr amendment, Mr. Chairman, I rise in opposition to strike a very fine balance. the antiterrorism bill, as it is labeled, the Barr amendment. I do not know if And the gentleman from North Caro- will not be worthy of the name. Let us it weakens the bill or if it eviscerates lina [Mr. HEINEMAN], Chief of Police, reject this amendment and pass a good it or guts it, as some of the other please let me agree with him. I stand in bill. speakers have said, but there is no opposition to the Barr amendment be- Mr. BARR. Mr. Chairman, I yield 1 question it deletes it in some way or cause we have got to be focused and minute to the gentleman from North another. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2173 Mr. Chairman, we must try in this vestigate, prosecute, and sentence to Mr. Chairman, I will tell the Mem- country to prevent every act of terror- lengthy prison times people who com- bers what happened. The ACLU and the ism we can. We must do all that is mit terrorist acts in this county. National Rifle Association, in a legal to apprehend and convict per- As the gentleman from Michigan [Mr. strange, bizarre marriage, the Jack petrators of such acts, to protect the CONYERS] said previously, I am a Klugman and Tony Randall of national American people. We must give law en- former prosecutor, a U.S. attorney. I security policy, decided it was a bad forcement every tool possible. That is know from having prosecuted cases in- idea, and people who supported it then, what this bill does. The amendment, volving international figures that they including the gentleman from Georgia, for reasons stated by many speakers, do not come into this country fre- enthusiastically did 180 degrees. and I do not have the time to enumer- quently because they are afraid of our Mr. Chairman, I do not care. It is bad ate them here, takes away some of the criminal justice system because of its policy. We have a real threat. We ei- ability of law enforcement to enforce strength because of its expanse, be- ther do something about it, or take a acts dealing with terrorism in this cause of its ability to stop them, to put pass and pretend we are. With the Barr country. them away. amendment, this is not an Mr. Chairman, I look at the problems Mr. Chairman, we do not need to antiterrorism bill. that have happened in Ireland and Eng- grant our Government now vast new Mr. HEINEMAN. Mr. Chairman, earlier land, I look at Tel Aviv and Jerusalem. powers. They already have them. What today, I stood in opposition to the Barr amend- I know that the individuals who have we need to do, Mr. Chairman, is to fine- ment as I would on any amendment that com- committed these acts, terrorists, are tune what we already have to make it promises the health and safety of police offi- international terrorists. We know they better. My amendment strikes that cers. The Barr amendment strips this crime bill take airplanes, they have contacts in very delicate but absolutely essential of necessary procedures to safeguard the various places. We do not want them to balance with regard to accountability lives of police officers. come to our shores. We want them to in Government, individual rights, and Effective and enforceable death penalty re- know that we have the strongest pos- Government need to protect us. form, victim restitution, expedited criminal alien Mr. Chairman, I urge all of my col- sible law. So for that reason, Mr. deportationÐthese are great law enforcement leagues on the left, on the right, in Chairman, I support the legislation, tools. That is why I support H.R. 2703. that vast middle, to recognize the bal- the antiterrorist legislation, and hope But what about supporting our Nation's ance that is struck through the Barr we will all oppose the Barr amendment. cops? amendment. Vote for it, so we can tre- Mr. BARR of Georgia. Mr. Chairman, The Barr amendment removes protection for mendously strengthen this habeas- I yield 1 minute to my distinguished our law enforcement officers and flies in the death penalty-crime prevention pack- colleague, the gentleman from Mary- face of effective law enforcement. age so it protects all of our citizens land [Mr. BARTLETT]. Have any of you ever run into a bank when without infringing on the rights of law- Mr. BARTLETT of Maryland. Mr. everyone else is running out of it? I have. abiding citizens. Chairman, I rise in strong support of You need to remember a 911 call means Mr. HYDE. Mr. Chairman, I would you must respond. You have no choice. Are the Barr amendment. ask how much time I have remaining. Mr. Chairman, I have to tell the The CHAIRMAN. The gentleman we satisfied that we are protecting the men Members that our original and women who protect us? from Illinois [Mr. HYDE] has 11⁄2 min- antiterrorism bill was terrorizing the utes remaining. Cops protect all of us, gun enthusiasts as good constituents of our district. I Mr. HYDE. Mr. Chairman, I yield my- well as gun control advocates. This should not have had numerous calls from them. self the balance of my time. be a political issue. They were genuinely concerned, and I (Mr. HYDE asked and was given per- Let's stop the demagoguery and analyze the think rightfully so, about the possibil- mission to revise and extend his re- facts. ity of infringing on their constitu- marks.) Currently, there are no cop-killer bullets tional rights. Mr. HYDE. Mr. Chairman, it is kind available on the market. In 1986 Congress Mr. Chairman, I hold here the pri- of a sad day for me, and I will tell the banned specific types of cop-killer ammunition mary reason I am supporting this Members why. Earlier in the day, based on weight and composition. After the amendment. That is because I believe standing back there I heard a dear M39B bullet was manufactured in Sweden and that without this amendment, the friend of mine, a great Republican, say imported into the United States, Congress ex- original bill seriously threatens some ‘‘I trust Hamas more than I trust my panded the definition of a cop-killer bullet to very important constitutional rights. own government.’’ Those words hurt. encompass all alloy coated ammunition which We have to have a proper balance here. That is a very tragic situation, because would pierce body armor. This was done in If I am going to err, I am going to err our Government is made up of a lot of the 1994 crime bill. Thus, Congress not only on the side of supporting the Constitu- people, including me and you, a lot of has the authority and responsibility to ban tion. I took an oath to do that when I good judges, honest judges with fami- cop-killer bullets, it has shown a decisive will- came here. lies. ingness to do so in the past. I am going to vote for this amend- Yes, there are corrupt judges. There The original section 112Ðthe so-called cop ment, and if it passes, and if my are corrupt clergy. So what? Our Gov- killer bullet study does not grant the Attorney amendment which I will offer passes, I ernment is run by people in a democ- General unfettered discretion to ban broad will vote for the bill. I did not think we racy, and ‘‘I trust Hamas more than I types of ammunitionÐincluding some ammuni- could make a silk purse out of a sow’s trust my own Government’’? I heard tion used solely for hunting. Rather, the Na- ear. Our Congressman did that. I think the distinguished gentleman from tional Institutes of Justice [NIJ] will develop a him very much for his diligent efforts. Oklahoma say almost the same thing, standard to be used to identify any future cop- Mr. BARR of Georgia. Mr. Chairman, about how paralyzed with fear we are killer bullets. I have utilized the NIJ's expertise I yield myself the balance of my time. of our own Government. We should get during the 24 years I was the Raleigh chief of The CHAIRMAN. The gentleman rid of the bad apples. police. Under the provisions of H.R. 2703 NIJ from Georgia [Mr. BARR] is recognized Mr. Chairman, my friend, the gen- can only develop the standard to identify cop- for 11⁄2 minutes. tleman from Indiana, asked my friend, killer bullets, it does not have the power to ar- Mr. BARR of Georgia. Mr. Chairman, the gentleman from Georgia, does this bitrarily ban ammunition. this, obviously, has been a very vigor- expand wiretapping; how intrusive. The Barr substitute does nothing for cops. ous debate, as it should be, and hope- Well, it does not expand wiretapping. It At best the Barr substitute is smoke and mir- fully will continue year after year after provides for a good faith exception to rors. All of the issues supposedly to be stud- year, because these concerns that we the exclusionary rule, which the gen- ied in the Barr amendment have in fact al- are debating today are not going to be tleman supported on February 7, 1995; ready been studied. The FBI already has pub- concluded in one piece of legislation. which the gentleman supported when lished the results in the ``Law Enforcement Of- However, Mr. Chairman, I do think it he signed the contract. What hap- ficers Killed and Assaulted 1994.'' is important to realize that our Gov- pened? Why has it suddenly become a Over the last 10 years, 708 officers were ernment already has at its beck and terrible thing to have a good faith ex- killed in the line of duty with firearms. During call vast powers with which to stop, inclusion? 1994, 76 officers were killed in the line of duty. H2174 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Of those, 31 officers lost their lives during ar- were assigned to vehicle patrol when they Body armor rest situations. Firearms were used in 74 of were slain. Fifty-four percent of the vehicle Of 223 officers wearing body armor when the 75 slayings. Handguns were used in 63 of patrol officers were alone and unassisted at slain during the past 10 years, 130 suffered the time of their deaths, while 31 percent of gunshot wounds to the head, 61 suffered gun- those killings. Of 223 officers wearing body the victim officers on other types of assign- armor when slain during the past 10 years, shot wounds to the upper torso, and 18 suf- ments were alone and unassisted. fered gunshot wounds below the waist. Of 61 130 suffered gunshot wounds to the head, 61 Alleged assailants officers killed by upper torso wounds, 31 offi- suffered gunshot wounds to the upper torso, Seventy-one of 76 slayings of law enforce- cers were killed when bullets entered be- and 18 suffered gunshot wounds below the ment officers in 1994 have been cleared. Of tween the panels of the vests or through the waist. the 106 suspects identified in connection with arm openings. Seventeen were killed by The original section 112 study of H.R. 2703 the murders, 102 were male, and 4 were fe- wounds above the vest area, and 11 officers was a win-win for cops. It directed NIJ to for- male. Fifty-six of the suspects were white, were slain when the bullets penetrated their mulate standards for Congress to use to de- and 45 were black. Sixty-eight of the 106 al- protective vests. Two officers were killed by termine whether ammunition can pierce body leged assailants were under the age of 30. the wounds in the back area and/or lower ab- armor and thus be designated cop-killer. Sixty-one of the suspects identified had dominal area not protected by their vest. previous arrests, and 41 had a prior convic- Also wearing vests, 8 officers were inten- These standards do not currently exist. Using tion. The records showed that 46 suspects tionally struck by vehicles, 3 officers were these standards, Congress would have been had previous arrests for crimes of violence, stabbed, 1 was beaten, 1 was struck on the able to scientifically ban any future cop-killer 26 for drug-related offenses, and 41 for weap- head with a bucket of spackling compound, bullets. Development of these standards will ons violations. and 1 pushed to his death. prevent arbitrary exclusion of ammunition and Of the 106 persons identified, 75 have been See the following special report on body allow Congress to intelligently address this life arrested by law enforcement agencies. Six- armor. and death issue. teen were justifiably killed (5 by victim offi- Places cers), 11 committed suicide subsequent to I hope NIJ will formulate these standards The most populous region, the Southern slaying the officers, and 4 are fugitives. No States, reported 24 of the 76 officers’ fatali- unilaterally. suspects have been identified in connection ties in 1994. The Western States reported 18, UNIFORM CRIME REPORTS—LAW ENFORCEMENT with six slayings. OFFICERS KILLED AND ASSAULTED, 1994 Dispositions of 973 persons identified in and the Midwestern States reported 16 officers slain. The Northeastern States reported SECTION I: LAW ENFORCEMENT OFFICERS KILLED connection with officers’ murders during the decade, 1983–1992, were reviewed. By moving 12, and Puerto Rico reported 6. During 1994, 76 law enforcement officers A comparison of regional totals for the two the period back 2 years, the number of pend- were killed in the line of duty. Officers’ periods, 1985–1989 and 1990–1994, showed that ing cases was only 15. Of the 973 identified, deaths were recorded by law enforcement the number of officers killed during the lat- 787 were arrested and charged; 129 were jus- agencies in 29 states, the District of Colum- ter 5-year span declined in all regions except tifiably killed; 1 was murdered in an unre- bia, and Puerto Rico. Of the victims, 45 were the Midwest. employed by city police departments, 14 by lated incident; 51 committed suicide; and 5 county police and sheriffs’ offices, and 8 by remain at large. Times state agencies. Three deaths were reported Among those persons charged for whom In the past 10 years, 63 percent of the inci- by two federal agencies, and Puerto Rico re- final disposition is known, 73 percent were dents resulting in officers’ deaths occurred ported 6 killings. found guilty of murder; 8 percent were found from 6:01 p.m. to 6 a.m. The figures show the The total was higher in 1994 than in 1993 guilty of a lesser offense related to murder; periods from 4:01–6 a.m. and 6:01–8 a.m. to be when 70 officers were slain. Comparisons for and 4 percent were found guilty of some the hours when the fewest officers are slain 5- and 10-year periods showed the number of crime other than murder. Nine percent of the and the 2-hour period, 8:01–10 p.m., to be officers slain in 1994 was 15 percent higher suspects were acquitted or had charges when the greatest number are killed. than in 1990, but 3 percent below the 1985 against them dismissed, and 2 percent were Daily figures for the decade, 1985–1994, total. committed to psychiatric institutions. One showed more officers were slain on Fridays Victims percent of the persons charged with the offi- than on any other day of the week; the least number of fatalities was recorded on Sun- Of the 76 officers killed in 1994, 73 were cers’ murder died in custody before final dis- days. A review of the monthly totals for the males and 3 were females. The average age of position was determined. Available data revealed that 112 of the 580 same years showed January with the highest officers slain was 36, Six of the victims were offenders found guilty of murder were sen- figure, 74. under the age of 25; 20 were between the ages tenced to death, 274 received life imprison- of 25 and 30; 29 were aged 31 through 40; and Accidental killings ment, and 190 were given prison terms rang- 21 were over 40 years of age. Sixty-four of the Sixty-two officers lost their lives due to ing from 5 to 450 years. Two were placed on slain officers were white, 11 were black, and accidents occurring while performing their probation, and 2 were given indeterminate one was Asian/Pacific Islander. official duties in 1994. Fifty officers were The law enforcement officers killed in 1994 sentences. killed in automobile, motorcycle, and air- averaged 10 years of experience. Twenty- Weapons craft accidents; 7 were accidentally struck seven officers had over 10 years of law en- Firearms claimed the lives of 92 percent of by vehicles; 2 were accidentally shot; and 3 forcement service; 26 had 5 to 10 years of the 708 officers killed in the line of duty from were killed in other types of accidents such service; and 15 had 1 to 4 years. Eight officers 1985 through 1994. Seventy-three percent of as falls, drowning, etc. had less than 1 year of law enforcement expe- the murders were committed by the use of Regionally, the Southern States recorded rience. handguns, 13 percent by rifles, 6 percent by 26 accidental deaths; the Midwestern States, Circumstances surrounding deaths shotguns, and 8 percent by other weapons. 13; the Western States, 12; and the North- Eight-nine officers were slain with their eastern States, 6. Five officers were acciden- During 1994, 31 officers lost their lives dur- own weapons during the 10-year period. In tally killed in Peru. ing arrest situations. A further breakdown of the same time frame, 169 officers fired their these situations showed 16 officers were Mr. BUNNING of Kentucky. Mr. Chairman, I service weapons, and the weapons of 122 offi- killed by robbery suspects, 3 by suspects dur- come to the floor today to lend my support to cers were stolen. ing drug-related situations, 3 by burglary More than half of the officers killed by the Barr amendment. Without this important suspects, and 9 by assailants suspected of gunshot wounds during this 10-year period amendment, the bill, despite the good inten- other crimes. were within 5 feet of their assailants at the tions behind it, is fatally flawed and should not Fifteen officers were slain investigating time of the attack. Forty-seven percent of suspicious persons or circumstances; 11 were be supported. the firearm fatalities were caused by wounds killed while enforcing traffic laws; 8 were We do not need another so-called to the head, 47 percent by upper torso killed while responding to disturbance calls; antiterrorism provision to add to the ones that wounds, and 6 percent by wounds below the 6 were ambushed; 4 were killed while dealing are already on the books. We do need the waist. with mentally deranged individuals; and 1 During 1994, firearms were used in 75 of the kind of death penalty reform that the Barr was killed while handling or transporting a 76 slayings. Handguns were the murder weap- amendment would provide without the tram- prisoner. ons in 63 of the killings, rifles in 8, and shot- pling of our civil liberties. Types of assignment guns in 4. Six officers were shot with their The Barr amendment will give us the ability Patrol officers accounted for 50 of the 76 own service weapons. to enforce the death penalty and end the frivo- victims in 1994. Of those officers killed while As in previous years, the most common lous appeals that keep legitimate cases from on patrol, 43 were assigned to 1-officer vehi- handgun cartridge types used against offi- being heard in a timely manner. But, the Barr cles, 6 to 2-officer vehicles, and 1 was on foot cers in 1994 were the .38 caliber, .380 caliber, amendment strips away the threat of big patrol. Fourteen victims were on detective and 9 millimeter. These three weapons joint- or special assignment, and 12 were off duty ly accounted for more than half of the hand- brother snooping into the private affairs of but acting in an official capacity when slain. gun deaths. American citizens. Figures for 1985 through 1994 also show One officer in 1994 was intentionally struck In my view, it is important that we adopt the that the largest percentage of victim officers with a vehicle. Barr provision so that private records about March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2175 consumer credit, public accommodation, and that criminals, including those who per- Hinchey Minge Shuster Hobson Mollohan Skaggs common carrier information do not become petrated the Oklahoma City bombingÐcannot Hoekstra Montgomery Skeen tools of the Federal Government without a abuse America's judicial system. Hoke Murtha Skelton search warrant. However, there is greatÐand I believe Holden Myers Smith (MI) The amendment will also block Federal au- Hostettler Myrick Smith (NJ) ligitimateÐconcern and fear that other provi- Hutchinson Nethercutt Smith (TX) thorities from digging around in citizens' tele- sions in this bill attack fundamental constitu- Inglis Neumann Smith (WA) phone billing records without a court order. tional liberties. Istook Ney Solomon Equally important, the Barr amendment will The Barr amendment addresses these prob- Jacobs Norwood Souder Jefferson Oberstar Spence prevent the wrongful use of wiretaps by Gov- lems in a thorough and comprehensive way. Johnson (SD) Obey Spratt ernment agents simply claiming a good faith The Barr amendment will delete the fatally Johnson, Sam Ortiz Stenholm exception to the exclusionary rule. flawed provision that would hold innocent fire- Jones Orton Stockman Mr. Chairman, fear of terrorism is no excuse Kanjorski Parker Stump arms vendors criminally liable for failing to Kasich Paxon Talent for infringing on the civil liberties of the Amer- know that their customer was planning a fel- Kelly Payne (VA) Tanner ican people. ony. Kim Peterson (MN) Tate I think that the author of the base bill, while The Barr amendment will eliminate the wire- King Petri Tauzin completely well-intentioned in this effort, would Kingston Pombo Taylor (MS) tapping provision that would expand the use of Klink Pomeroy Taylor (NC) be the first to admit that there is nothing in this wire communications as evidence in federal Klug Portman Tejeda bill that would have prevented the tragedy in criminal prosecutions. Knollenberg Poshard Thomas Kolbe Pryce Thornberry Oklahoma. The Barr amendment will delete the provi- Terrorists act outside of the law. The Con- LaHood Quillen Thornton sion that authorizes the government to brand Largent Radanovich Thurman gressional Research Service has compiled a organizations as terrorist. Latham Rahall Tiahrt LaTourette Ramstad Traficant list of the current antiterrorism laws on the The Barr amendment strips out those sec- books that spans 17 pages. We do not need Lewis (CA) Richardson Upton tions of the bill that undermine our civil lib- Lewis (KY) Riggs Volkmer to add to that list. erties, and I know that many of my colleagues Lightfoot Rivers Vucanovich To the extent that a committed terrorist can agree that without these deletions, we cannot Linder Roberts Waldholtz be deterred by the law, I believe the knowl- Livingston Roemer Walsh support this legislation. edge that we have a swift and sure justice LoBiondo Rogers Wamp I commend the gentleman from Georgia for Lofgren Rohrabacher Waters system would be a far better deterrent. his leadership on this issue, and I urge my Longley Roth Watt (NC) That is why the death penalty reform portion Lucas Royce Watts (OK) colleagues to support the Barr amendment of the bill is so important. Criminals need to Manzullo Salmon Weldon (FL) that underscores and protects the constitu- Mascara Sanders Weller know that if they are given the death penalty tional rights of our constituents. If the Barr McCrery Sanford White it will be enforced and the people need to amendment passes, we have clean legislation McDade Saxton Whitfield know that their government will protect them McHugh Scarborough Wicker that will stop criminal abuses of our American from the predators of society. McInnis Schaefer Williams justice system and merit our strong support. McIntosh Seastrand Wise Stripped of the intrusive provisions, the un- The CHAIRMAN. The question is on Metcalf Sensenbrenner Young (AK) derlying bill will provide us with much needed Mica Shadegg Young (FL) the amendment offered by the gen- change in the criminal justice system. Miller (FL) Shaw Zeliff tleman from Georgia [Mr. BARR]. The bill will provide the mandatory victim NOES—171 restitution that so many of us have wanted for The question was taken; and the Chairman announced that the noes ap- Ackerman Fox Manton so long. It will make it easier to deport criminal Andrews Frank (MA) Markey aliens and of course it enhances the ability of peared to have it. Baesler Franks (CT) Martini RECORDED VOTE Barrett (NE) Franks (NJ) Matsui the justice system to carry out the execution of Barrett (WI) Frelinghuysen McCarthy violent criminals. Mr. BARR. Mr. Chairman, I demand a Becerra Furse McCollum These are all laudable provisions and I con- recorded vote. Beilenson Gallegly McDermott gratulate my dear friend from Illinois, HENRY A recorded vote was ordered. Bereuter Ganske McHale Berman Gejdenson McKeon HYDE, for including these measures. We just The vote was taken by electronic de- Blute Gephardt McKinney need to make sure that we attach the Barr vice, and there were—ayes 246, noes 171, Boehlert Gibbons McNulty amendment so that we can keep the bill fo- not voting 14, as follows: Bonior Gilchrest Meehan Borski Gilman Meek cused on punishing criminals rather than ex- [Roll No. 61] Brown (CA) Gonzalez Menendez pending the power of big government. AYES—246 Brown (FL) Goodling Meyers We should not indulge ourselves in legisla- Brown (OH) Greenwood Miller (CA) Abercrombie Camp Emerson Buyer Gunderson Mink tion simply because it makes us feel good to Allard Campbell English Canady Gutierrez Molinari Archer Chabot Ensign pass somethingÐso that we can go home and Cardin Hall (OH) Moorhead Armey Chambliss Evans say that we passed a bill. Castle Hastings (FL) Moran Bachus Christensen Everett Clay Heineman Morella If we are going to pass something, lets Baker (CA) Chrysler Ewing Clayton Hilliard Nadler make sure that it is consistent with the con- Baker (LA) Clement Fields (TX) Clinger Horn Neal Baldacci Coble Foley stitutional freedoms that we Americans enjoy Clyburn Houghton Nussle Ballenger Coburn Forbes and guard so jealously. Collins (MI) Hoyer Olver Barcia Coleman Fowler Conyers Hunter Owens Without the Barr amendment, the bill before Barr Collins (GA) Frisa Coyne Hyde Oxley Bartlett Combest Frost us may make us feel better; but, it will be just DeFazio Jackson (IL) Packard Barton Condit Funderburk one more expansion of Federal power and DeLauro Jackson-Lee Pallone Bass Cooley Gekas Dellums (TX) Pastor one more restriction on the civil liberties of the Bateman Costello Geren Deutsch Johnson (CT) Payne (NJ) people. Bentsen Cox Gillmor Diaz-Balart Johnson, E. B. Pelosi Bevill Cramer Goodlatte As the late Justice Felix Frankfurter said, Dicks Johnston Peterson (FL) Bilbray Crane Gordon ``Personal freedom is best main- Dixon Kaptur Pickett Bilirakis Crapo Goss Doggett Kennedy (MA) Porter tained * * * when it is ingrained in people's hab- Bishop Cremeans Graham Dooley Kennedy (RI) Quinn Bliley Cubin Green its and not enforced against popular policy by Dunn Kennelly Rangel Boehner Cunningham Gutknecht the coercion of adjudicated law.'' Durbin Kildee Reed Bonilla Danner Hall (TX) Engel Kleczka Regula I urge my colleagues to support the Barr Bono Davis Hamilton Eshoo LaFalce Ros-Lehtinen amendment and the bill as amended. Boucher Deal Hancock Farr Lantos Rose Brewster DeLay Hansen Mr. WATTS of Oklahoma. Mr. Chairman, for Fattah Lazio Roukema Browder Dickey Harman the last few months, I have been in contact Fawell Leach Roybal-Allard Brownback Dingell Hastert Fazio Levin Sabo with hundreds of my constituents in Oklahoma Bryant (TN) Doolittle Hastings (WA) Fields (LA) Lewis (GA) Sawyer City and throughout my district regarding this Bunn Dornan Hayes Filner Lincoln Schiff Bunning Doyle Hayworth legislation that we are considering today. Flake Lipinski Schroeder Burr Dreier Hefley There is a consensus among Oklahomans Flanagan Lowey Schumer Burton Edwards Hefner Foglietta Luther Scott that we critically need the habeus corpus pro- Callahan Ehlers Herger Ford Maloney Serrano visions that are included in this bill to assure Calvert Ehrlich Hilleary H2176 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Shays Torres Weldon (PA) protection for all those Customs Service em- (G) Such other officers of the Board of Gov- Slaughter Torricelli Wolf ernors of the Federal Reserve System as the Stark Towns Woolsey ployees, and all other Federal employees in the future, under appropriate circumstances. Chairman of such Board may determine to be Stearns Velazquez Wynn appropriate, or a designee of any such offi- Studds Vento Yates I applaud the chairman's efforts to bring cer. Stupak Visclosky Zimmer about that worthy goal, and I appreciate this Thompson Walker (H) Such officers of the Department of Torkildsen Ward opportunity to work together to solve a serious State as the Secretary of State may deter- problem. I thank him for his time and leader- mine to be appropriate, or a designee of any NOT VOTING—14 ship. such officer. Bryant (TX) Duncan Sisisky AMENDMENTS EN BLOC OFFERED BY MR. HYDE (3) CHAIRPERSON.—The Secretary of the Chapman Laughlin Stokes Mr. HYDE. Mr. Chairman, pursuant Treasury shall serve as the chairperson of Chenoweth Martinez Waxman the task force. Collins (IL) Moakley Wilson to the authority granted in the rule, I (b) EVALUATION AUDIT PLAN.— de la Garza Rush offer the following amendments en (1) IN GENERAL.—The task force shall estab- b 1513 bloc. No. 3, Mr. HASTINGS of Florida; lish an effective international evaluation No, 8, Mr. TRAFICANT, No. 11, Mr. audit plan that is designed to enable the The Clerk announced the following BACHUS and Mr. SPRATT, and No. 14, agencies represented on the task force to pair: Mr. KENNEDY of Massachusetts, and carry out the duties described in subparagraphs (A) and (B) of subsection (a)(1) on a On this vote: Mr. KASICH. Mr. Duncan for, with Mr. Waxman against. regular and thorough basis. The CHAIRMAN. The Clerk will des- (2) SUBMISSION OF DETAILED WRITTEN SUM- Mr. PACKARD and Mr. WELDON of ignate the amendments en bloc. MARY.—The task force shall submit a de- Pennsylvania changed their vote from The text of the amendments en bloc tailed written summary of the evaluation ‘‘aye’’ to ‘‘no.’’ is as follows: audit plan developed pursuant to paragraph Messrs. MCHUGH, SAXTON, BATE- Amendments en bloc offered by Mr. HYDE: (1) to the Congress before the end of the 6- MAN, FROST, BENTSEN, and COX of Page 6, beginning in line 23, strike ‘‘32’’ month period beginning on the date of the enactment of this Act. California changed their vote from and all that follows through ‘‘2332b’’ in line 25 and insert ‘‘32, 37, 81, 175, 351, 831, 842(m) or (3) 1ST EVALUATION AUDIT UNDER PLAN.— ‘‘no’’ to ‘‘aye.’’ (n), 844(f) or (i), 956, 1114, 1116, 1203, 1361, 1362, The task force shall begin the first evalua- So the amendment was agreed to. 1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, tion audit pursuant to the evaluation audit The result of the vote was announced 2332a, 2332b, or 2340A’’. plan no later than the end of the 1-year pe- as above recorded. Add at the end of title VII the following: riod beginning on the date of the enactment of this Act. b SEC. 704. SENSE OF CONGRESS. 1515 It is the sense of Congress that, whenever (4) SUBSEQUENT EVALUATION AUDITS.—At Mr. HYDE. Mr. Chairman, I move to practicable recipients of any sums author- least 1 evaluation audit shall be performed ized to be appropriated by this Act, should pursuant to the evaluation audit plan during strike the last word. each 3-year period beginning after the date Mr. Chairman, I yield to the gen- use the money to purchase American-made products. of the commencement of the evaluation tleman from New York [Mr. GILMAN]. audit referred to in paragraph (3). TITLE — INTERNATIONAL (Mr. GILMAN asked and was given (c) REPORTS.— COUNTERFEITING permission to revise and extend his re- (1) IN GENERAL.—The task force shall sub- marks.) SEC. 01. SHORT TITLE. mit a written report to the Committee on This title may be cited as the ‘‘Inter- Banking and Financial Services of the House Mr. GILMAN. Mr. Chairman, I rise in national Counterfeiting Prevention Act of of Representatives and the Committee on support of section 101 of the bill before 1996’’. Banking, Housing, and Urban Affairs of the us dealing with the protection of Fed- SEC. 02. INTERAGENCY TASK FORCE ON INTER- Senate on the results of each evaluation eral employees allowing for the Fed- NATIONAL COUNTERFEITING OF audit conducted pursuant to subsection (b) eral prosecution for murder, attempted UNITED STATES CURRENCY. within 90 days after the completion of the (a) ESTABLISHMENT.— evaluation audit. murder of all officers and employees of (1) IN GENERAL.—The Secretary of the the government while engaged in offi- (2) CONTENTS.—In addition to such other Treasury, the Chairman of the Board of Gov- information as the task force may determine cial duties, and I commend the chair- ernors of the Federal Reserve System, and to be appropriate, each report submitted to man for taking up this measure and the Secretary of State shall establish, and the Congress pursuant to paragraph (1) shall making it part of our bill. appoint the members of, an interagency task include the following information: Mr. Chairman, our colleague, and an out- force (hereafter in this title referred to as (A) A detailed description of the evalua- standing member of your committee and the the ‘‘task force’’) to— tion audit process and the methods used to (A) monitor the use and holding of United detect counterfeit currency. House International Relations Committee, Mr. States currency in foreign countries; (B) The method used to determine the cur- CHABOT of Ohio, joined me earlier this year in (B) produce a statistically valid estimate rency sample examined in connection with introducing H.R. 2737. That particular bill was of the amount of counterfeit United States the evaluation audit and an analysis of the introduced after we learned of a death of a currency that is produced, passed, and pos- statistical significance of the sample exam- U.S. Customs inspector along the Mexican sessed outside the United States each year; ined. border at a drug hearing held last year. and (C) A list of the regions of the world, types (C) coordinate the activities of the agen- Along the Southwest border not long ago, a of financial institutions, and other entities cies represented on the task force in carry- included. Customs Service inspector was run down and ing out the duties described in subpara- (D) The total amount of United States cur- killed by a drug trafficking port runner. We graphs (A) and (B). rency and the total quantity of each denomi- were appalled to learn at the hearing that the (2) COMPOSITION OF TASK FORCE.—The task nation found in each region of the world. prosecution was handled not by the U.S. At- force shall consist of the following: (E) The total amount of counterfeit United torney's Office, but by the local prosecutor. (A) The Under Secretary of the Treasury States currency and the total quantity of for Enforcement, or a designee of the Under This should not be the case. Those coura- each counterfeit denomination found in each Secretary. region of the world. geous and dedicated Federal officers such as (B) The Director of the United States Se- (F) An analysis of the types of counterfeit Customs Service Inspectors, Agents, Canine cret Service, or a designee of the Director. currency discovered and any recurring pat- Enforcement Officers, and other employees (C) The Director of the Bureau of Engrav- terns of counterfeiting, including currency engaged in official duties protecting us from ing and Printing, or a designee of the Direc- that fits the family of counterfeit currency drug trafficking and other criminal elements, tor. designated by the United States Secret Serv- (D) Such other officers of the Department should be protected under Federal law, and ice as C—14342. of the Treasury, including any officer in any (3) CLASSIFICATION OF INFORMATION.— we should not have to rely on local law and bureau, office, or service within the depart- (A) IN GENERAL.—To the greatest extent local prosecutors in such cases. ment, as the Secretary of the Treasury may possible, each report submitted to the Con- Our Department of Justice must be fully em- determine to be appropriate, or any designee gress under this subsection shall be submit- powered and be prepared to prosecute those of any such officer. ted in an unclassified form. who would murder or attempt to take the lives (E) A member of the Board of Governors of (B) CLASSIFIED AND UNCLASSIFIED FORMS.— of all of the Customs Service personnel en- the Federal Reserve System as designated by If, in the interest of submitting a complete the Chairman of such Board, or a designee of report under this subsection, the task force gaged in official duties. H.R. 2737 was intro- such member. determines that it is necessary to include duced to insure that would be the case. (F) The general counsel of the Board of classified information in the report, the re- I am informed that section 101 of the bill be- Governors of the Federal Reserve System, or port shall be submitted in a classified and an fore us will fully cover and help provide full a designee of the general counsel. unclassified form. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2177 (d) SUNSET PROVISION.—This section shall (1) in paragraph (1), by inserting ‘‘or natu- Nation was jolted by the Oklahoma City bomb- cease to be effective as of the end of the 10- rally occurring or bioengineered component ing and the concept of domestic terrorism. year period beginning on the date of the en- of any such mircroorganism, virus, or infec- Long before that tragic day, however, many of actment of this Act. tious substance,’’ after ‘‘infectious sub- SEC. 03. LAW ENFORCEMENT AND SENTENCING stance’’; our Federal employees, especially in the west- PROVISIONS RELATING TO INTER- (2) in paragraph (2)— ern United States, have been putting their NATIONAL COUNTERFEITING OF (A) by inserting ‘‘the toxic material of lives on the line in order to implement and en- UNITED STATES CURRENCY. plants, animals, microorganisms, viruses, force the laws of the landÐthe laws this Con- (a) FINDINGS.—The Congress hereby finds fungi or infectious substances’’ after gress created. Although I have repeatedly re- the following: ‘‘means’’; and (1) United States currency is being coun- (B) by inserting ‘‘, and includes’’ after quested that the chairman of the Resources terfeited outside the United States. ‘‘production’’; Committee schedule hearings on this issue, (2) The 103d Congress enacted, with the ap- (3) in paragraph (4), by inserting ‘‘or a mol- my requests has been either ignored or proval of the President on September 13, ecule, including a recombinant molecule,’’ deemed an inappropriate ``use of the commit- 1994, section 470 of title 18, United States after ‘‘organism’’. tee's resources.'' Code, making such activity a crime under SEC. 005. THREATENING USE OF CERTAIN WEAP- the laws of the United States. ONS. The hostile climate toward our Federal em- (3) The expeditious posting of agents of the Section 2332a of title 18, United States ployees, often the result of an extreme faction United States Secret Service to overseas Code, is amended by inserting ‘‘, threatens,’’ of the citizenry that opposes the enforcement posts, which is necessary for the effective en- after ‘‘uses, or’’. of land use laws, has been translated into forcement of section 470 and related criminal SEC. 006. INCLUSION OF RECOMBINANT MOL- provisions, has been delayed. ECULES AND BIOLOGICAL ORGA- threats or acts of physical violence with in- (4) While section 470 of title 18, United NISMS IN DEFINITION. creasing frequency. States Code, provides for a maximum term Section 2332a(b)(2)(C) of title 18, United Last January, a U.S. Forest Service office in of imprisonment of 20 years as opposed to a States Code, is amended by striking ‘‘disease Santa Fe, NM, was bombed. The blast re- maximum term of 15 years for domestic organism’’ and inserting ‘‘biological agent or sulted in structural damages to the building counterfeiting, the United States Sentencing toxin, as those terms are defined in section Commission has failed to provide, in its sen- 178’’. with repair costs estimated to rise as high as $25,000. No one was injured, this time. tencing guidelines, for an appropriate en- The CHAIRMAN. Pursuant to the hancement of punishment for defendants rule, the gentleman from Illinois [Mr. And last August, a bomb was detonated convicted of counterfeiting United States HYDE] and the gentleman from Michi- outside of the Nevada home of a U.S. Forest currency outside the United States. Ranger. His wife and daughter were home at (b) TIMELY CONSIDERATION OF REQUESTS gan [Mr. CONYERS] will each control 10 the time of the incident and only escaped seri- FOR CONCURRENCE IN CREATION OF OVERSEAS minutes. POSTS.— The Chair recognizes the gentleman ous injury because of sheer luck. (1) IN GENERAL.—The Secretary of State from Illinois [Mr. HYDE]. Unfortunately, these two incidents are nei- shall— Mr. HYDE. Mr. Chairman, I would ther as uncommon nor as isolated as the 5- (A) consider in a timely manner the request by the Secretary of the Treasury for ask the gentleman from Michigan to month window between them may suggest. the placement of such number of agents of proceed. Throughout the past few years, other offices of the United States Secret Service as the Sec- Mr. CONYERS. Mr. Chairman, I yield the Forest Service and Bureau of Land Man- retary of the Treasury considers appropriate such time as he may consume to the agement have experienced bombings, Federal in posts in overseas embassies; and gentleman from California [Mr. MIL- employees' and their families have (B) reach an agreement with the Secretary LER]. threats, employees have been physically pre- of the Treasury on such posts as soon as pos- (Mr. MILLER of California asked and vented from performing their duties, ranger sible and, in any event, not later than De- was given permission to revise and ex- stations have been vandalized, unexploded cember 31, 1996. (2) COOPERATION OF TREASURY REQUIRED.— tend his remarks.) pipe bombs have been discovered on public The Secretary of the Treasury shall prompt- Mr. MILLER of California. Mr. Chairman, I lands, and, as a result, many struggle with ly provide any information request by the rise to commend Congressmen CONYERS and daily fear and social isolation. Secretary of State in connection with such NADLER on crafting a true antiterrorism sub- It is about time for Congress to beef requests. stitute which balances the fundamental rights up the legal protection of Federal em- (3) REPORTS REQUIRED.—The Secretary of of the American people with a firm stance ployees. Those who carry out the laws the Treasury and the Secretary of State of the land every day deserve nothing shall each submit, by February 1, 1997, a against domestic and international terrorism. written report to the Committee on Banking Unfortunately, the Hyde legislation before us less. and Financial Services of the House of Rep- today threatens personal liberties and constitu- This substitute warns would-be viola- resentatives and the Committee on Banking, tional rights. Once again, the Republicans tors in no uncertain terms that there Housing, and Urban Affairs of the Senate ex- have taken a great ideaÐcombating terror- will be serious consequences if you plaining the reasons for the rejection, if any, ismÐand turned it into a avalanche of ex- threaten or harm a Federal employee. of any proposed post and the reasons for the treme ideas. Why has this bill become bloated Mr. CONYERS. Mr. Chairman, I yield failure, if any, to fill any approved post by with controversial provisions? The answer is such date. myself such time as I may consume. (c) ENHANCED PENALTIES FOR INTER- simpleÐleverage. It's time for this body to say We are now in the portion of the bill NATIONAL COUNTERFEITING OF UNITED STATES enough is enough. The Republican leadership where we are now combining four CURRENCY.—Pursuant to the authority of the should have learned by now that the American amendments that have been agreed to United States Sentencing Commission under people will not be blackmailed into accepting by the chairman of the Committee on section 994 of title 28, United States Code, radical new laws from this Congress. the Judiciary and myself. We support the Commission shall amend the sentencing The Hyde bill dramatically weakens the them, and I would like to allow at least guidelines prescribed by the Commission to fourth amendment by allowing illegal search one of the sponsors to be recognized, provide an appropriate enhancement of the and seizures if they are conducted in so-called punishment for a defendant convicted under and I will shortly recognize the gen- good faith. It also allows for a sweeping defini- section 470 of title 18 of such Code. tleman from Florida. tion of terrorism by politically appointed offi- Add at the end the following: But before I do that, I would like to TITLE —BIOLOGICAL WEAPONS cials without judicial review. Lastly, the bill RESTRICTIONS places too many limits on the right to appeal clarify where we are in the proceedings on the antiterrorist bill. Because with SEC. 001. SHORT TITLE. a conviction under habeas corpus. I urge This Act may be cited as the ‘‘Biological Members to vote for the Conyers/Nadler sub- the last vote cast, we have just evis- Weapons Enhanced Penalties Act of 1996’’. stitute which corrects some of these problems, cerated the heart and soul of the SEC. 002. ATTEMPTS TO ACQUIRE UNDER FALSE antiterrorist bill. Here we are, the PRETENSES. while retaining the good sections of the underlying bill. House of Representatives, with the last Section 175(a) of title 18, United States vote cast on this bill, we have now Code, is amended by inserting ‘‘attempts to Worthy of particular mention is the first sec- acquire under false pretenses,’’ after ‘‘action of the substituteÐand the Hyde billÐ eviscerated the antiterrorist bill that quires,’’ which expands the protections for Federal em- was brought by the Committee on the SEC. 003. INCLUSION OF RECOMBINANT MOL- ployees. Under the substitute, ``any officer or Judiciary. There are no new penalties. ECULES. employee of the United States'' and any per- Terrorist organizations can now raise Section 175 of title 18, United States Code, son assisting that employee in the perform- funds on our shores, inside of the Unit- is amended by inserting ‘‘recombinant mol- ed States. There are no new tools for ecules,’’ after ‘‘toxin,’’ each place it appears. ance of his official duties is protected from vio- SEC. 004. DEFINITIONS. lent, threatening, or harmful actions. Federal law enforcement agencies. And Section 178 of title 18, United States Code, These simple protections are long overdue. with the National Rifle Association, we is amended— Almost an entire year has passed since the have just put to rest the parts that H2178 CONGRESSIONAL RECORD — HOUSE March 13, 1996 I supported in the bill brought by the 2339A, United States Code, include: Arson The third thing that the bill does is committee. with special maritime-territorial jurisdiction; de- it calls for an evaluation of the extent We now have only the Conyers- velopment, production, or transfer of biologi- and location of counterfeiting overseas. Nadler-Berman substitute that will cal-nuclear weapons; transferal or possession The gentleman from South Carolina have any hope, if we really want to re- of plastic explosives which do not contain a [Mr. SPRATT], I think, is the expert on spond to the victims of Oklahoma, the detection agent; destruction of communication this area, and I am going to reserve to other tragedies that have been re- lines, energy facilities, national defense mate- him discussion of that. counted almost with Members with rials; production of defective national defense I will close simply by saying this, Mr. tears in their eyes, and now we have materials; and conduct relating to torture. Chairman. International counterfeiting turned around and done this. This amendment is timely and necessary. funds terrorism. Counterfeit currency I continue to move forward to better Here is why: is the currency of choice for terrorists. provisions of the bill. One of the crimes my amendment will be It makes their activities less traceable. Mr. Chairman, in that regard, I yield adding relates to nuclear weapons, as in It lowers their cost of doing mischief. 2 minutes to the gentleman from Flor- ``Whoever knowingly provides material sup- Mr. Chairman, at this time I yield to ida [Mr. HASTINGS]. port, for the delivery, possession, use, trans- the gentleman from South Carolina for Mr. HASTINGS of Florida. Mr. Chair- feral, receives, possess, alteration of, disposes any additional remarks which he would man, I thank the ranking member for of, or disperses, disposes of, any nuclear ma- like to make. yielding me this time. Also I would terial and knowingly causes the death of or Mr. SPRATT. Mr. Chairman, I thank like to thank the chairman of the Com- serious bodily injury to any person or substan- the gentleman for yielding me this mittee on the Judiciary for offering tial damage to property; or knows that cir- time. initially to extend to me a small cumstances exist which are likely to cause the I would like to rise in support of this amount of time. death of or serious bodily injury to any person amendment and say that it is the re- Mr. Chairman, my amendment is or substantial damage to property'' shall be sult of nearly 2 years of investigative simple. It makes it easier for our Gov- punishable by fine or imprisonment. effort by the General Accounting Of- ernment to prosecute those persons Therefore, if I, ALCEE HASTINGS, give money fice, a committee hearing by the gen- who provide material support knowing to Hamas, knowing that the funds would be tleman’s Subcommittee on Govern- that the support will be used in acts used to transport nuclear material to Tel Aviv, ment Reform, and it is fully warranted. commonly associated with terrorism. where it would be used against civilians, I Now I understand that it also meets It is designed to buttress existing Fed- would now be punishable under section 103 with the approval of Treasury Depart- eral law and to make those who know- by imprisonment or a fine. Without this addi- ment. We made changes to accommo- ingly support these crimes account- tion, the person who knowingly provided mate- date them. This deals with a potential able. rial support for the crime would go The crimes are enumerated, and in problem which needs attention, and we unpunished. the interests of everyone’s time, par- give a mandatory charter to a task By expanding the current list of crimes to in- force that already exists, but we give ticularly the chairperson and the rank- clude other acts associated with terrorism, we ing member and any other Member who them broader authority. are making the bill more comprehensive. And We also ask this task force to report may wish to speak, I merely wish to in the shadow of recent terrorist bombings in periodically to the Congress, which is a add in spite of the matters that have Israel and England, as well as an increase of time-honored way of getting the execu- gone before us, and I do agree with the terrorist attacks within the United States, it is tive branch’s attention. This warrants ranking member that this matter now vital that we provide law enforcement with suf- support. And I appreciate the gen- has been eviscerated, we must some- ficient tools to fight these atrocities. Support tleman yielding. how or another get at the roots of ter- the Hastings amendment. rorism by giving our law enforcement Mr. HYDE. Mr. Chairman, I yield my- b 1530 authorities the ability to prosecute self such time as I may consume. Mr. BACHUS. Mr. Chairman, re- Mr. Chairman, the Traficant amend- those persons who, while they may not claiming my time, I do want to ac- ment is a sense-of-Congress resolution actually carry out the activities them- knowledge the work of the gentleman selves, enable the terrorists to operate to Buy American wherever practicable. from New York [Mr. HINCHEY] on this here in the United States as well as We certainly support that. bill, and I have also mentioned the gen- elsewhere. Mr. Chairman, on the Bachus-Spratt- tleman from Iowa [Mr. LEACH] for his My amendment had hoped to be able Leach amendment, I yield 3 minutes to strong work on the bill, and to again to address that specific subject by ex- the gentleman from Alabama [Mr. commend the gentleman from South panding the enumerated crimes. BACHUS]. I ask support for this version and the Mr. BACHUS. Mr. Chairman, the gen- Carolina [Mr. SPRATT], who a year and en bloc amendments. tleman from South Carolina [Mr. a half ago realized that we needed more Mr. Chairman, it is time to get tough on ter- SPRATT] and the gentleman from Iowa of a handle on the problem. rorism. The amendment I am offering today [Mr. LEACH] and I have been working Mr. Chairman, I would simply close will do just that. I am proposing a very simple, with the Secret Service to address a by saying every time we have wit- yet very important modification to title I of H.R. problem that is critical to our Nation, nessed a terrorist act throughout this 2703. and that is international counterfeit- world, we can know that they have Title I provides criminal jurisdiction to the ing. probably used counterfeit currency to United States to investigate and prosecute Members of this body may not know fund their operations. Not only that, certain terrorist offenses carried out by or that over half of the counterfeit U.S. but drug smuggling money laundering, against American citizens as well as terrorist currency circulates overseas, and in re- gun running, and the corruption of pub- offenses that are planned within the United cent years over half of the U.S. coun- lic officials throughout the world. States but carried out overseas. terfeit currency which circulates do- Mr. CONYERS. Mr. Chairman, I am Section 103 of title I states that persons mestically was produced overseas. pleased to yield 11⁄2 minutes to the gen- who provide material support ``knowing or in- We, in this legislation, have ad- tleman from Massachusetts [Mr. KEN- tending'' that it be used for certain criminal dressed it in three regards. We have in- NEDY], an author of one of the en bloc acts will be subject to a fine or imprisonment. creased the penalties for international amendments. The section does not specify that a terrorist counterfeiting. We have worked with Mr. KENNEDY of Massachusetts. Mr. must be the one to knowingly provide material the Secret Service on enhancing pen- Chairman, I want to thank the gen- support; it states that anyone who knowingly alties. The Secret Service has less than tleman from Michigan [Mr. CONYERS] provides material support for terrorist activity 20 agents overseas working on this and the gentleman from Illinois [Mr. shall be punished. problem. They simply do not have the HYDE] for including an amendment My amendment adds specific criminal viola- manpower. So this bill would require which the gentleman from Ohio [Mr. tions to the list of crimes currently found in this the orderly placement of additional KASICH] and myself and the gentleman section. This modification does not tread on agents overseas. from Massachusetts [Mr. MARKEY], civil liberties; it simply expands the list of I am happy to report the Congress have worked hard on, to try and deal crimes in the material support provision to has already appropriated funds for with what is an astounding gap in Fed- cover other acts commonly associated with those agents. They would be in place eral law, a gap which allows toxic terrorism. These acts, from title 18, section by the end of this year. chemicals, such as sarin, bubonic March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2179 plague, and a range of other toxins to month period beginning on the date of the of imprisonment of 20 years as opposed to a not only be made by labs which we sup- enactment of this Act. maximum term of 15 years for domestic port, but then to be readily made avail- (3) 1ST EVALUATION AUDIT UNDER PLAN.— counterfeiting, the United States Sentencing able to anyone that might write in and The Secretary shall begin the first evalua- Commission has failed to provide, in its sen- tion audit pursuant to the evaluation audit tencing guidelines, for an appropriate en- care to request from our labs thou- plan no later than the end of the 1-year pe- hancement of punishment for defendants sands and thousands of samples of riod beginning on the date of the enactment convicted of counterfeiting United States these very, very dangerous materials. of this Act. currency outside the United States. We have laws on our books which (4) SUBSEQUENT EVALUATION AUDITS.—At (b) TIMELY CONSIDERATION OF REQUESTS make it illegal to make a nuclear least 1 evaluation audit shall be performed FOR CONCURRENCE IN CREATION OF OVERSEAS bomb, but we have no laws on our pursuant to the evaluation audit plan during POSTS.— books which prevent the same kind of each 3-year period beginning after the date (1) IN GENERAL.—The Secretary of State destruction to take place from these of the commencement of the evaluation shall— audit referred to in paragraph (3). (A) consider in a timely manner the re- kinds of chemicals and biological tox- (c) REPORTS.— quest by the Secretary of the Treasury for ins. (1) IN GENERAL.—The Secretary shall sub- the placement of such number of agents of The legislation that is contained en mit a written report to the Committee on the United States Secret Service as the Sec- bloc I think will go a long way toward Banking and Financial Services of the House retary of the Treasury considers appropriate making activities illegal, toward the of Representatives and the Committee on in posts in overseas embassies; and licensing of individuals and univer- Banking, Housing, and Urban Affairs of the (B) reach an agreement with the Secretary sities and the like. We have worked Senate on the results of each evaluation of the Treasury on such posts as soon as pos- audit conducted pursuant to subsection (b) closely with our universities, we have sible and, in any event, not later than De- within 90 days after the completion of the cember 31, 1996. worked closely with the FBI, and we evaluation audit. (2) COOPERATION OF TREASURY REQUIRED.— have worked closely with the CIA to (2) CONTENTS.—In addition to such other The Secretary of the Treasury shall prompt- deal with the incidents that have taken information as the Secretary may determine ly provide any information requested by the place, such as the potential sarin at- to be appropriate, each report submitted to Secretary of State in connection with such tack against Disneyland late last year, the Congress pursuant to paragraph (1) shall requests. and the incidents that have taken include the following information: (3) REPORTS REQUIRED.—The Secretary of place in both Ohio, Minnesota, and (A) A detailed description of the evalua- the Treasury and the Secretary of State tion audit process and the methods used to shall each submit, by February 1, 1997, a Mississippi by other fringe groups. develop estimates of the amount of counter- written report to the Committee on Banking This is important legislation, and I feit United States currency in circulation and Financial Services of the House of Rep- appreciate and thank the committee outside the United States. resentatives and the Committee on Banking, for accepting it en bloc. (B) The method used to determine the cur- Housing, and Urban Affairs of the Senate ex- MODIFICATION TO AMENDMENTS EN BLOC rency sample examined in connection with plaining the reasons for the rejection, if any, OFFERED BY MR. HYDE the evaluation audit and a statistical analy- of any proposed post and the reasons for the Mr. HYDE. Mr. Chairman, I ask sis of the sample examined. failure, if any, to fill any approved post by (C) A list of the regions of the world, types unanimous consent that a revised such date. of financial institutions, and other entities (c) ENHANCED PENALTIES FOR INTER- amendment to H.R. 2703 which the gen- included. NATIONAL COUNTERFEITING OF UNITED STATES tleman from Alabama [Mr. BACHUS] has (D) An estimate of the total amount of CURRENCY.—Pursuant to the authority of the just handed me, which makes impor- United States currency found in each region United States Sentencing Commission under tant corrections which are agreed of the world. section 994 of title 28, United States Code, upon, be substituted for the text that (E) The total amount of counterfeit United the Commission shall amend the sentencing we have been discussing and that we States currency and the total quantity of guidelines prescribed by the Commission to each counterfeit denomination found in each provide an appropriate enhancement of the will vote on with regard to Amendment region of the world. No. 11. punishment for a defendant convicted under (3) CLASSIFICATION OF INFORMATION.— section 470 of title 18 of such Code. The CHAIRMAN. The Clerk will re- (A) IN GENERAL.—To the greatest extent port the modification. possible, each report submitted to the Con- The CHAIRMAN. Is there objection The Clerk read as follows: gress under this subsection shall be submit- to the modification offered by the gentleman from Illinois? Modification to amendment en bloc offered ted in an unclassified form. by Mr. HYDE: (B) CLASSIFIED AND UNCLASSIFIED FORMS.— Mr. BACHUS. Mr. Chairman, reserv- Add at the end the following new title: If, in the interest of submitting a complete ing the right to object, I would simply report under this subsection, the Secretary say this is a change that the Secret TITLE —INTERNATIONAL determines that it is necessary to include COUNTERFEITING Service requested. classified information in the report, the re- Mr. Chairman, I withdraw my res- SEC. 01. SHORT TITLE. port shall be submitted in a classified and an This title may be cited as the ‘‘Inter- unclassified form. ervation of objection. national Counterfeiting Prevention Act of (d) SUNSET PROVISION.—This section shall The CHAIRMAN. Is there objection 1996’’. cease to be effective as of the end of the 10- to the modification offered by the gen- SEC. 02. AUDITS OF INTERNATIONAL COUNTER- year period beginning on the date of the en- tleman from Illinois? FEITING OF UNITED STATES CUR- actment of this Act. There was no objection. RENCY. (e) RULE OF CONSTRUCTION.—No provision Mr. CONYERS. Mr. Chairman, I have (a) IN GENERAL.—The Secretary of the of this section shall be construed as author- no further requests for time, and I Treasury (hereafter in this section referred izing any entity to conduct investigations of to as the ‘‘Secretary’’), in consultation with yield back the balance of my time. counterfeit United States currency. Mr. HYDE. Mr. Chairman, I yield the advanced counterfeit deterrence steering SEC. 03. LAW ENFORCEMENT AND SENTENCING committee, shall— PROVISIONS RELATING TO INTER- back the balance of my time. (1) study the use and holding of United NATIONAL COUNTERFEITING OF The CHAIRMAN. The question is on States currency in foreign countries; and UNITED STATES CURRENCY. the amendments en bloc, as modified, (2) develop useful estimates of the amount (a) FINDINGS.—The Congress hereby finds offered by the gentleman from Illinois of counterfeit United States currency that the following: [Mr. HYDE]. circulates outside the United States each (1) United States currency is being coun- The amendments en bloc, as modi- year. terfeited outside the United States. fied, were agreed to. (b) EVALUATION AUDIT PLAN.— (2) The 103d Congress enacted, with the ap- (1) IN GENERAL.—The Secretary shall de- proval of the President on September 13, The CHAIRMAN. It is now in order to velop an effective international evaluation 1994, section 470 of title 18, United States consider amendment No. 4 printed in audit plan that is designed to enable the Sec- Code, making such activity a crime under House Report 104–480. retary to carry out the duties described in the laws of the United States. AMENDMENT NO. 4 OFFERED BY MS. DE LAURO subsection (a) on a regular and thorough (3) The expeditious posting of agents of the Ms. DELAURO. Mr. Chairman, I offer basis. United States Secret Service to overseas an amendment. (2) SUBMISSION OF DETAILED WRITTEN SUM- posts, which is necessary for the effective en- MARY.—The Secretary shall submit a de- forcement of section 470 and related criminal The CHAIRMAN. The Clerk will des- tailed written summary of the evaluation provisions, has been delayed. ignate the amendment. audit plan developed pursuant to paragraph (4) While section 470 of title 18, United The text of the amendment is as fol- (1) to the Congress before the end of the 6- States Code, provides for a maximum term lows: H2180 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Amendment No. 4 offered by Ms. DELAURO: sights to make their criminal activity even ecuting attorney back in Missouri and At the end of title II, add the following: more deadly. as one who has been in constant con- SEC. 206. AMENDMENT OF SENTENCING GUIDE- I urge my colleagues to protect the tact with my law enforcement officials LINES TO PROVIDE FOR ENHANCED public and our men and women in blue PENALTIES FOR A DEFENDANT WHO back there, I have not from my local COMMITS A CRIME WHILE IN POS- who put their lives on the line every people had any great desire to ban SESSION OF A FIREARM WITH A day and vote in favor of this vital laser sighting devices. In the first LASER SIGHTING DEVICE. amendment. place, I do not know very many people Not later than May 1, 1997, the United Mr. CONYERS. Mr. Chairman, will that actually have them. So I just do States Sentencing Commission shall, pursu- the gentlewoman yield? not see the necessity to put this into a ant to its authority under section 994 of title Ms. DeLAURO. I yield to the gen- bill of this magnitude for 28, United States Code, amend the sentenc- tleman from Michigan. ing guidelines (and, if the Commission con- antiterrorism. siders it appropriate, the policy statements Mr. CONYERS. Mr. Chairman, I want Mr. Chairman, I reserve the balance of the Commission) to provide that a defend- the gentlewoman to know we have ex- of my time. amined the amendment, we find it im- ant convicted of a crime shall receive an ap- Ms. DELAURO. Mr. Chairman, I yield propriate sentence enhancement if, during portant, and we are very pleased to such time as he may consume to the the crime— support it. gentleman from Michigan [Mr. CON- (1) the defendant possessed a firearm The CHAIRMAN. Does anyone seek YERS]. equipped with a laser sighting device; or the time in opposition? (2) the defendant possessed a firearm, and Mr. VOLKMER. Mr. Chairman, I rise Mr. CONYERS. Mr. Chairman, I want the defendant (or another person at the in opposition to the amendment. to point out to my good friend from scene of the crime who was aiding in the The CHAIRMAN. The gentleman Missouri that they may not have in- commission of the crime) possessed a laser vented laser sighting devices when he sighting device capable of being readily at- from Missouri [Mr. VOLKMER] is recognized for 5 minutes. was a prosecutor. tached to the firearm. Mr. VOLKMER. Mr. Chairman, if the Amend the table of contents accordingly. Mr. VOLKMER. Mr. Chairman, I yield myself such time as I may gentleman will yield, I keep in contact. The CHAIRMAN. Pursuant to the consume. They have been around for some time. rule, the gentlewoman from Connecti- (Mr. VOLKMER asked and was given Mr. CONYERS. Mr. Chairman, the cut [Ms. DELAURO], and a Member op- permission to revise and extend his re- gentleman is still prosecuting law on posed will each control 5 minutes. marks.) the side? The Chair recognizes the gentle- Mr. VOLKMER. Mr. Chairman, mem- Ms. DELAURO. Mr. Chairman, I yield woman from Connecticut [Ms. bers of the committee, this amendment myself such time as I may consume. DELAURO]. seems innocuous if we look at it, but Mr. Chairman, if I just might to my Ms. DELAURO. Mr. Chairman, I yield what it is is an attempt by those who colleagues say the following: It is my myself such time as I may consume. are in favor of gun control legislation understanding that this is something (Ms. DELAURO asked and was given to try and isolate certain parapherna- that the NRA has always emphasized permission to revise and extend her re- lia that is used by law-abiding citizens and said: Punish the criminal; do not marks.) in an attempt to make its use illegal. punish the gun owner; do not punish Ms. DELAURO. Mr. Chairman, our By going to the Sentencing Commis- the technology. police officers and the public are facing sion and saying that certain devices, if a deadly new threat on the streets of This incident occurred in the city of used in an act of crime, could be used New Haven, and it has on several occa- my home State of Connecticut and to further make a person be further in- across the Nation: Laser sighting de- sions, where we are turning thugs into carcerated. marksmen and sharpshooters with this vices aimed at our law enforcement Now, that may appear to be innoc- and law abiding citizens. These laser device. Again, over and over again, the uous, but when you analyze it, it is a emphasis has been, place the respon- sights mounted on the barrel of a gun further attempt by those who have in emit a tiny red beam of light the sibility on the criminal. If you are the past few years been in favor of tak- going to commit the crime, then you shooter uses to line up a target, there- ing away all guns to also take away de- by, if you will, creating a supergun. In are going to do the time, and more. vices. Mr. Chairman, I yield 1 minute to the the hands of a criminal, these high- Mr. Chairman, I remind Members gentleman from New York [Mr. SCHU- technology weapons turn ordinary that those that are supporting this MER]. street thugs into sharpshooters. amendment also when we had the ban Mr. SCHUMER. Mr. Chairman, I My amendment directs the U.S. Sen- back in 1994 for semiautomatic weap- thank the gentlewoman for yielding me tencing Commission to increase pen- ons said that we need to ban bayonet the time. alties for individuals convicted of mounts on rifles. Now, bayonet mounts Mr. Chairman, that is the point I was crimes involving laser sighting devices. on rifles do not kill anybody. They do going to make to my friend from Mis- The amendment will deter the use of not hurt anybody. Yet, they said they souri. In all the debates we have had on laser sight technology in street crime had to be banned. It is a similar thing gun control, the gentleman has always and require the Sentencing Commis- here. reminded and said: Do not ban the gun, sion to collect data on laser sighting Ms. DELAURO. Mr. Chairman, will devices and criminal activity through- the gentleman yield? just go after the criminal who uses the out the Nation. Mr. VOLKMER. I yield to the gentle- gun illegally. Let me stress, this bill does not ban woman from Connecticut. That is just what the gentlewoman laser sight technology nor does it ban Ms. DELAURO. Mr. Chairman, I from Connecticut is doing here. She is guns equipped with laser sights. This is would like just to let my colleague not banning the device, she is not curb- not about gun control. know that this does not ban anything. ing its technology. She is simply say- I crafted this legislation with the Mr. VOLKMER. It is a step to doing ing, when you use it in a criminal act, help of local law enforcement in Con- that. you will get an enhanced penalty. That necticut, with their input. This legisla- Ms. DELAURO. No, it is an attempt seems to me to be completely consist- tion has one endorsement from the Na- to say that the criminal, the individual ent with what the gentleman from Mis- tional Fraternal Order of Police, the who commits the crime with this new souri has been advocating. I might say International Brotherhood of Police technology, bears the burden of doing ban the device, but I am not on this and others. Let me read directly from it and that the penalty would be in- case. But just going after the criminal the letter of support that I received creased on the individual. It is specifi- with an enhanced penalty seems to me from the National Fraternal Order of cally what a lot of my colleagues have to be something that everybody in this Police regarding the amendment: talked to me about, that it is the indi- Chamber might be able to accept. I The police and citizens of this Nation al- vidual, the criminal, who ought to be hope we will support the gentle- ready suffer far too much from tragedies penalized, and not the gun owner. woman’s amendment. precipitated by firearms crime. This problem Mr. VOLKMER. Mr. Chairman, re- Ms. DELAURO. Mr. Chairman, I yield is exacerbated by criminals using laser claiming my time, as a former pros- myself the balance of my time. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2181 Mr. Chairman, I would just like to Amendment No. 9 offered by Mr. SCHUMER: AMENDMENT NO. 10 OFFERED BY MR. WATT OF close with a comment from the Con- At the end of title VIII (Miscellaneous) add NORTH CAROLINA necticut Police Chiefs Association the following: Mr. WATT of North Carolina. Mr. president: SEC. 807. AUTHORIZATION OF APPROPRIATIONS. Chairman, I offer an amendment. As you are well aware, the law enforce- There is authorized to be appropriated for The CHAIRMAN. The Clerk will des- ment community is faced with many chal- each of fiscal years 1996 through 2000 to the ignate the amendment. lenges today, including the use of sophisti- Federal Bureau of Investigation such sums The text of the amendment is as fol- cated weapons by individuals who are com- as are necessary— lows: (1) to hire additional personnel, and to pro- mitting very serious crimes. Your legislation Amendment No. 10 offered by Mr. WATT of is a step in the right direction to reaffirm cure equipment, to support expanded investigations of domestic and international ter- North Carolina: Page 151, strike line 6 and that society will not tolerate sophisticated all that follows through line 25 on page 176. weapons by criminals against the citizens or rorism activities; law enforcement personnel. (2) to establish a Domestic Counterterror- The CHAIRMAN. Pursuant to the ism Center to coordinate and centralize Fed- rule, the gentleman from North Caro- This bill punishes the criminal, not eral, State, and local law enforcement ef- lina [Mr. WATT] and a Member opposed law-abiding gun users or gun owners, forts in response to major terrorist inci- will each control 15 minutes. and I urge its immediate passage. dents, and as a clearinghouse for all domes- Mr. HYDE. Mr. Chairman, I rise in Mr. VOLKMER. Mr. Chairman, I tic and international terrorism information opposition to the amendment. yield myself the balance of my time. and intelligence; and The CHAIRMAN. The gentleman Mr. Chairman, I would like to remind (3) to cover costs associated with providing law enforcement coverage of public events from Illinois [Mr. HYDE] will control 15 the Members of the House that when minutes. the Judicial Sentencing Commission offering the potential of being targeted by domestic or international terrorists. The Chair recognizes the gentleman was initiated, and since it has been, it Conform the table of contents accordingly. from North Carolina [Mr. WATT]. was done for the purpose of taking the Mr. WATT of North Carolina. Mr. Congress and the political arena away The CHAIRMAN. Pursuant to the rule, the gentleman from New York Chairman, I yield myself such time as from sentencing and letting the Com- I may consume. mission itself set sentencing. They can [Mr. SCHUMER] and a Member opposed will each control 10 minutes. Mr. Chairman, I would like to advise make this if they so desire. They can the Members that the gentlewoman The Chair recognizes the gentleman put anything that they determine to be from Idaho [Mrs. CHENOWETH], who is a from New York [Mr. SCHUMER]. legal and warrant additional punish- cosponsor of this amendment, is appar- Mr. SCHUMER. Mr. Chairman, I ment within it. But we have in the past ently en route from her district and yield myself such time as I may always taken the attitude that we do may not make it in time for the de- consume. not direct the Commission to do cer- bate. tain things. We let the Commission Mr. Chairman, this is an amendment Mr. Chairman, let me just point out make their own decision as to what that was in the bill that left the House. to my colleagues that, as the prior vote guidelines are to be set. It is one of the amendments that law on the amendment of the gentleman enforcement considers of great impor- Now, there may be minimums or from Georgia [Mr. BARR] indicated, maximums we may wish to put on it, tance. It would allow the various agen- there is a substantial division in our but I do not believe it is appropriate at cies to coordinate the fight against ter- ranks about the extent to which we this time to direct the Sentencing rorism. must go to protect constitutional Commission to make the enhanced Let me stress that these days the rights and freedoms and still feel that penalties for this type of technology. fight against terrorism is something we are making a concerted and effec- As a result, I still oppose the amend- that involves not just one agency, and tive effort against terrorism. It is a ment. so what the amendment does is put very, very difficult issue, and there are The CHAIRMAN. The question is on back in the bill three important re- some of us, myself included, who be- the amendment offered by the gentle- sources that the FBI asked for that lieve that we cannot afford to under- woman from Connecticut [Ms. were included in the bill as originally mine our Constitution and the rights DELAURO]. reported out of committee and was and protections our Constitution pro- The question was taken; and the stripped out of the bill before it came vides to individual citizens in this Chairman announced that the ayes ap- to the floor. country because, when we do that, we peared to have it. They were, first, additional personnel undermine the very fabric of our Na- Mr. VOLKMER. Mr. Chairman, I de- to investigate both domestic and for- tion. mand a recorded vote. eign terrorism; second, the establish- What has happened in this amend- The CHAIRMAN. Pursuant to the ment of domestic counter-terrorism to ment is that we are trying to remove rule, further proceedings on the amend- coordinate a domestic counter-terror- from the ambit of this bill a provision ment offered by the gentlewoman from ism center to coordinate the resources which was not in the bill which came Connecticut [Ms. DELAURO] will be of Federal, State, and local law en- out of the Committee on the Judiciary. postponed. forcement against domestic terrorism; The Committee on the Judiciary con- and finally a fund for protecting b 1545 sidered the antiterrorism bill, went against terrorism at major public through a long, drawn-out evaluation The CHAIRMAN. It is now in order to events such as the upcoming Olympics. of that bill, and voted out a bill which consider amendment No. 5 printed in It seems to me there should not be had no provisions in it dealing with ha- House Report 104–480. too much opposition to this. We need a beas corpus. It is now in order to consider amend- great deal of coordination among the Apparently, after the bill was voted ment No. 6 printed in House Report various agencies. We are now getting out of committee, the leadership, in an 104–480. information from satellites and NSA effort to expand the coverage of the It is now in order to consider amend- and everything else, and I hope that bill and pick up votes from various ment No. 7 printed in House Report the amendment will be adopted. places to try to pass the bill, saw fit to 104–480. The CHAIRMAN. Does any Member add habeas corpus provisions to this It is now in order to consider amend- seek time in opposition? bill. Habeas corpus has nothing to do ment No. 9 printed in House Report Mr. SCHUMER. Mr. Chairman, I with terrorism in our country. If it 104–480. yield back the balance of my time. does, it has such a small amount to do AMENDMENT NO. 9 OFFERED BY MR. SCHUMER The CHAIRMAN. The question is on with it that it certainly was not some- Mr. SCHUMER. Mr. Chairman, I offer the amendment offered by the gen- thing that was in the contemplation of an amendment. tleman from New York [Mr. SCHUMER]. the Committee on the Judiciary. The CHAIRMAN. The Clerk will des- The amendment was agreed to. Let me explain to my colleagues that ignate the amendment. The CHAIRMAN. It is now in order to the habeas corpus provisions were put The text of the amendment is as fol- consider amendment No. 10 printed in in the Constitution of the United lows: House Report 104–480. States years and years and years ago H2182 CONGRESSIONAL RECORD — HOUSE March 13, 1996 for the purpose of protecting individual the vote was 91 to 8. This is a major pedite the death penalty review proc- citizens and giving them the right to plank in the Contract With America ess, the litigation and constitutional seek an independent review and have anticrime policy. rulings will in fact delay and frustrate the court determine that their govern- Now under our bill it simply requires the imposition of the death penalty.’’ ment, in some cases, was doing an in- that all claims be brought in the single Do Members understand that? Is this justice to them in that the government petition. The time period for filing is 1 partisan? Are these liberals? Is this the was holding them improperly. year after the U.S. Supreme Court re- left? Four Attorneys General are tell- The habeas corpus language in the jects a direct appeal. Subsequent peti- ing us this provision is going to be Constitution has no color, it has no po- tions will be allowed if the convicted ruled unconstitutional. litical ideology. It is not designed to defendant can show cause for not in- Mr. Chairman, what that means, non- protect one group of people against cluding the claim in his first petition. lawyers in the Congress, is that it will other groups of people. It is designed to Government suppression of evidence, then take longer to execute people protect individuals, individual citizens newly discovered evidence proving in- than it does now. Mr. Chairman, I get of our country, when the government nocence, are also grounds for a new ap- a little tired of hearing somebody tell- makes a mistake and puts an individ- peal. Deference is given to State ing me about one 14-year case. If we ual in jail improperly. It gives that in- courts’ legal decisions if they are not check the one 14-year case, it was not dividual citizen the right to seek a re- contrary to established Supreme Court because the judges were sleeping, it view by the court and have the court precedent. The prisoner can rebut any was not because the prosecutors were make an independent determination of presumption by clear and convincing not prosecuting. There might have whether the incarceration is proper or evidence. But now it takes more than a been some reason that one case took 14 not proper. decade to carry out a death sentence, years. There are a lot of cases where This bill, as it is currently written, and that is an injustice. people get executed, and if we had had not the bill that came out of the Com- b 1600 more time, they would be alive today. mittee on the Judiciary, but the bill Mr. Chairman, let us get off of this that is proposed on this floor, substan- Mr. Chairman, I ask that the amend- unusual example of three people whose tially cuts back on the rights of indi- ment of the gentleman and the gentle- cases took years and years and years. vidual citizens under habeas corpus, woman be defeated, and that we pro- Mr. Chairman, the same person who and I want to encourage my colleagues ceed with habeas corpus reform. is telling me not to believe in this to vote for this amendment. Mr. Chairman, I reserve the balance process was the same person that just Mr. Chairman, I reserve the balance of my time. told me on the previous amendment of my time. Mr. WATT of North Carolina. Mr. that we ought to believe in the system. Mr. HYDE. Mr. Chairman, I yield my- Chairman, I yield 4 minutes to the dis- Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume. tinguished gentleman from Michigan self 30 seconds to respond to the very First of all, the remark made by the [Mr. CONYERS], the ranking member of learned gentleman from Michigan. distinguished gentleman from North the Committee on the Judiciary. Mr. Chairman, the gentleman has Carolina [Mr. WATT] that habeas cor- Mr. CONYERS. Mr. Chairman, this is given us some distinguished names of pus has nothing to do with terrorism; I a bill that is supposed to be dealing Attorneys General. I would like to give have heard that several times, and I with terrorists. It is an antiterrorism him a few: Griffin Bell, Dick Thorn- am kind of at a loss as to the logic be- bill. burg, William Barr, and the late Wil- hind that because a terrorist who mur- Mr. Chairman, habeas corpus got liam French Smith. Also, all of the ders somebody, and that is what they onto the antiterrorism bill in the fol- State attorneys general in the country do, that is their business, deserves the lowing way. Everybody thought that have signed onto habeas corpus reform. death penalty, and if they get the this was a fast train that could take on Yes; we should not talk about that one death penalty, they ought not hang anything that was hanging around the horrible case, or those three horrible around like John Wayne Gacey did for Committee on the Judiciary. As it cases. Let us talk about the average. 14 years, or like William Bonner did for turned out, antiterrorism is not a fast The average is 8 to 10 years, from sen- 16 years, or like Kermit Smith did for train to anywhere, because it is really tencing until execution. 14 years, or like Robert Alton Harris a crime bill. Now it is a gutted Mr. Chairman, I am pleased to yield did for 13 years. Justice ought to be im- antiterrorist bill. Now we have a gut- 3 minutes to the distinguished gen- posed surely and swiftly. ted antiterrorist bill, and habeas cor- tleman from Florida [Mr. MCCOLLUM]. Now this amendment simply main- pus reform that we have been trying to (Mr. MCCOLLUM asked and was tains the status quo on habeas corpus get through, restricting constitutional given permission to revise and extend by striking the entire title. We are not rights, for years. It has never gotten his remarks.) ignoring due process for the convicted. anywhere. Mr. MCCOLLUM. Mr. Chairman, I We seek closure and finality for the Mr. Chairman, it would not do for the want to add to what the gentleman judgment that has been rendered and ranking member on the Committee on from Illinois [Mr. HYDE] is, I think, some compassion for the families of the Judiciary to explain that again for saying. What the chairman is trying to the victims who wait years and years maybe the 25th time in my career, but explain to all of us today is that we and years. And that is the name of the what about a former Attorney General have been waiting for years to get an game: Stretch it out, and then maybe named Ben Civiletti? What about the effective death penalty, for years to get get a new trial 10 years later where comments of a former Attorney Gen- a death penalty that has the meaning there are no witnesses to be found. We eral named Nicholas Katzenbach? What of swiftness and certainty of punish- understand that. These things ought to about of the comments of a former At- ment for those who might perpetrate be adjudicated reasonably swiftly, rea- torney General named Edward H. murders and other heinous crimes that sonably with dispatch, fairly. But 14 Levy? What about the comments of an are subject to the death penalty. years is an absurdity; it makes the law Attorney General, former Attorney We are not sending the message. a joke. General, named Elliott L. Richardson? That is, the primary reason why we Diane Leonard, the widow of a Secret Two Republicans, two Democratic have a death penalty is to send the Service agent who died in the Okla- former Attorney Generals. message to people. Another reason, of homa City blast, said this: Here is what they say: ‘‘The habeas course, is to execute people because For victims there are no indictments, no corpus provisions which the House will that is their just desserts, and because pretrial hearings, no trials, no appeals, no soon take up are unconstitutional.’’ we ought to be doing that, in certain chances for remorse, and no doubt of their They did not say that maybe they will heinous cases, to get them off the innocence; yet for those who commit these be found unconstitutional, or that they streets. crimes where there is no doubt of guilt there could be challenged for unconstitution- However, to me, the primary reason is only appeal after appeal after appeal. ality. They said ‘‘They are unconstitu- for the death penalty always has been The same provisions in the bill, our tional,’’ four Attorneys General. to send a message to would-be per- bill, passed the Senate in June 1995 as ‘‘Though intended in large part to ex- petrators of murder and other violent March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2183 crimes that get the death penalty, ‘‘If tleman from Michigan [Mr. CONYERS], we have to tack it onto a piece of you do it, you are going to get the ulti- the distinguished ranking member. antiterrorist legislation which, unfor- mate sentence, the sentence of death.’’ Mr. CONYERS. Mr. Chairman, I tunately for both you and I, has been People do not tend to believe that if thank the gentleman for yielding time gutted? they can delay and delay, and see other to me. Mr. HYDE. I am going to have to re- people delaying and delaying the carry- Mr. Chairman, the reason Attorney claim my time. Again, I have been illu- ing out of their sentences. Whether it Generals Levy, Richardson, Katzen- minated by the gentleman, although I is 8, 10, 14 years, whatever it is, it is far bach, and Civiletti have explained they totally disagree. too long. tried hard to explain that what the Mr. Chairman, I am pleased to yield If anybody is truly innocent, if they Members are trying to do is unconsti- 11⁄2 minutes to the distinguished gen- have evidence that they did not com- tutional. I know you want to fry them tleman from San Diego, CA [Mr. mit the crime, there is nothing in the as soon as you can, I know that any CUNNINGHAM]. procedures we are putting in this bill time is too long. How dare a Member of Mr. CUNNINGHAM. Mr. Chairman, today or we passed on the floor of the Congress that serves on the committee first of all, I would like to say that re- House last year in this Congress that that makes the law on this get up and gardless of what your position is on would keep them from raising it at any say in broad daylight that it takes too this issue, whether political or per- time, and stopping the execution. But long to execute a person in America, sonal belief, it is a legitimate issue, if we look at what we are doing today, under the process we have? And instead the death penalty. For 40 years we have we are getting at the procedural prob- of bringing this up on its own merits, not been able, as the gentleman said, lems that have caused these delays; the we wait until we get an emotionally to have habeas corpus or death penalty opportunities, after you have had your charged piece of legislation and bring reform. There is a new majority that regular appeal all the way to the U.S. up habeas corpus, which has no rela- represents the majority of people that Supreme Court on the issue of guilt or tionship to terrorism whatsoever. How feel that there should be some reform. Let me explain, the gentleman men- innocence, and all the procedural mat- long is too long? tioned the frivolous cases. We just had ters, your opportunity to go into Fed- Mr. Chairman, by the way, Attorney a gentleman in California to kill 14 eral court and seek a petition to give General Edwin Meese, did he join the kids, we just executed. That is one you freedom, based on the fact that gentleman on that, too? case. We have another one which the maybe you did not have a proper attor- Mr. HYDE. Mr. Chairman, I yield my- gentleman knows about, Alton Harris. self such time as I may consume. ney, or maybe you did not have the This is a confessed killer in my dis- Mr. Chairman, I would say to the jury selected properly, or maybe there trict. He went out and killed two gentleman, no, that was Griffin Bell, is some other technical deficiency in young boys, after eating their ham- Dick Thornburg, William Barr, William the way the trial was conducted and burgers and taunting the second one, French Smith. I forget Dan Lundgren, you ought to get relief from Federal and then killed him. Yet, even an ad- the attorney general of California. But court, after you have exhausted your mitted killer took 14 years to execute. normal appeals. all, all of the State attorneys general Mr. Chairman, the gentleman talks All we are saying is, instead of being and their association have signed on. about we are building more prisons able to carry them one after another, We do not try them and kill them as than we are facilities for education. ad seriatim, with excessive petitions to soon as possible. The average now is 8 Let us press on with it. let us take care the Supreme Court and delaying the to 10 years. If the gentleman would of the people that are the criminals, carrying out of the sentence, you have think of the victims’ families waiting and have justice be done. Think about to put them all into one at one time, or for justice to be done, the gentleman the injustice to the families that have lose your opportunity. Mr. Chairman, I might have a more moderated tone to- to suffer all the way through this, for think that is very critical. ward this issue. the period of time. We are asking for a deference in Mr. CONYERS. Mr. Chairman, will Again, I would say to the gentleman, those kinds of rulings to State court the gentleman yield? he speaks of a legitimate issue and decisions; not that it cannot be over- Mr. HYDE. I yield to the gentleman what he believes in, but we need to come, but on the facts in the trial that from Michigan. press on with this. The American peo- Mr. CONYERS. Mr. Chairman, I has occurred underlying it. Why should ple support it. I ask Members to sup- thank the gentleman for describing the Federal courts go back and review port the position of the gentleman all of these matters over and over what my tone ought to be for the vic- from Illinois [Mr. HYDE]. again on a procedural basis, if they tims’ families. However, I know vic- Mr. WATT of North Carolina. Mr. have a clear record in front of them? tims’ families that oppose the death Chairman, I yield such time as he may It has just simply been the fact that penalty. They do not want them exe- consume to the gentleman from Mis- in this country we have delayed the cuted in 10 years or 2 years or 2 days, souri [Mr. VOLKMER]. carrying out of these sentences it because they happen to have another WITHDRAWAL OF DEMAND FOR RECORDED VOTE seems to me almost forever. It is long view from the distinguished chairman ON DE LAURO AMENDMENT since past due that we put this into of the Committee on the Judiciary. Mr. VOLKMER. Mr. Chairman, I ask law. Yes; we have passed this out be- Mr. HYDE. I understand that, and unanimous consent to withdraw my de- fore. Yes; the President has said he will there are more people who support the mand for a recorded vote on a previous sign it if we can ever get it to him, but death penalty overwhelmingly than op- amendment, the DeLauro amendment. it looks to us as though it is a logical pose it. Even though I do not agree with this place to put it, to put it on this bill Mr. CONYERS. Mr. Chairman, if the amendment, I do not believe it is ap- today. It is why the bill has been re- gentleman will yield one more time, I propriate to take the time of the House named, to try to emphasize the fact will never ask him again. for a recorded vote on it. that now we think we have a vehicle, Mr. HYDE. I would hate to think The CHAIRMAN. Is there objection with a few other things, we can finally that the gentleman would never ask to the request of the gentleman from get to the other body, send to the me again. Missouri? President, and get this signed into law Mr. CONYERS. Then I will take it There was no objection. to end the seemingly endless appeals of back. The CHAIRMAN. The DeLauro death row inmates. It is about time we Mr. Chairman, let me say this, sir, is amendment was agreed to by a voice passed it. there not something redeeming about vote. Anybody that votes against this, us passing legislation on its own bot- Mr. WATT of North Carolina. Mr. votes for this amendment, has to know tom, since more people want this, since Chairman, I yield 1 minute to the dis- they are gutting this provision out, the gentleman has as many Attorney tinguished gentlewoman from Texas and they are going to delay the process Generals, and then throw in Dan [Ms. JACKSON-LEE]. even further. Lundgren on top of it? Could we not (Ms. JACKSON-LEE of Texas asked Mr. WATT of North Carolina. Mr. just have a bill that studies the death and was given permission to revise and Chairman, I yield 1 minute to the gen- penalty, and we come up on it? Why do extend her remarks.) H2184 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Ms. JACKSON-LEE of Texas. Mr. ‘‘Well, the government is never going The question was taken; and the Chairman, I would like to argue that to take any action that is contrary to Chairman announced that the noes ap- we should not, in an illogical way, at- my rights, so I do not need habeas cor- peared to have it. tribute to those who oppose the lan- pus any more.’’ That is what is happen- The CHAIRMAN. Pursuant to the guage of adding habeas corpus gutting ing in this bill. This bill essentially de- rule, further proceedings on the amend- to this terrorist bill as being against stroys the writ of habeas corpus in our ment offered by the gentleman from the death penalty. I think what we country. North Carolina [Mr. WATT] will be should focus on, Mr. Chairman, and I What I am entreating my colleagues postponed. rise in support of the amendment of- to do is to stand up and understand the It is now in order to consider amend- fered by the gentleman from North tremendous value that this great writ ment No. 12 printed in House Report Carolina [Mr. WATT] is the fact that we provides to the citizens of this country, 104–480. are destroying an historic relationship regardless of their political persua- PREFERENTIAL MOTION OFFERED BY MR. between the Federal courts and the sions, regardless of their political be- VOLKMER State courts. That is, to give another liefs. Mr. VOLKMER. Mr. Chairman, I offer level of constitutional privilege to The gentlewoman from Idaho [Mrs. a preferential motion. those who would be subjected to the CHENOWETH] and I are far, far apart on the CHAIRMAN. The Clerk will re- death penalty. many, many issues, but on this one we port the motion. It is a historic role. It is a confirmed agree with former Attorneys General The Clerk read as follows: role. The real direction that we should Benjamin Civiletti, Edward Levi, Nich- Mr. VOLKMER moves that the Committee take, if we are serious about any ha- olas Katzenbach, and Elliot Richard- do now rise and report the bill back to the beas corpus reform, would be, frankly, son, the American Bar Association, and House with a recommendation that the en- to address it head on. That is, to have we believe that we agree with every acting clause by stricken. hearings, to address the situation, and single citizen of the United States of The CHAIRMAN. The gentleman not worry about whether it took 4 America that this is a right and protec- from Missouri is recognized for 5 min- years or 3 years. It is important to do tion in our Constitution that is worth utes. it right. This is the wrong way. We being preserved. Please help us pre- Mr. VOLKMER. Mr. Chairman, as I should support the Watt-Chenoweth serve it. have reviewed this legislation, I have amendment, and ensure that we have Mr. Chairman, I yield back the bal- some serious misgivings about it. I am liberties for all Americans. ance of my time. desirous that we continue to have the b 1615 Mr. HYDE. Mr. Chairman, I yield my- provision in the bill that is sponsored Mr. HYDE. Mr. Chairman, I reserve self the balance of my time. by the gentleman from Illinois on ha- the balance of my time. Mr. Chairman, I respect the writ of beas corpus. Mr. WATT of North Carolina. Mr. habeas corpus. It is a great writ. I want I am sorry I have to disagree with Chairman, may I inquire who has the to preserve it. I want it to be strong. I the gentleman from North Carolina in right to close? do not want it to be weakened. regard to that matter, and the gen- The CHAIRMAN. As chairman of the So those of us who simply want jus- tleman from Michigan, but I believe committee the gentleman from Illinois tice not to be delayed for an average of that that matter should remain in the [Mr. HYDE] has the right to close. 8 to 10 years, those of us who are con- bill. The bill, other than that, I have Mr. WATT of North Carolina. Mr. cerned that the families of victims some serious misgivings. I surely think Chairman, I yield myself the balance of have a right to see that justice is done, that if this bill was reported back and my time. those of us who look at the case of one we had to go back to committee, I Mr. Chairman, many Members of this Kermit Smith, it is not that it took 14 think the committee could probably do body have asked how we could have a years from the sentencing to his execu- a lot better job than what you have coalition on this issue between myself tion, but 46 different judges considered done so far. and the gentlewoman from Idaho [Mrs. his case and it went to the U.S. Su- Mr. CONYERS. Mr. Chairman, will CHENOWETH], those people knowing of preme Court five different times. the gentleman yield? course that we are not always philo- Now, we have to have some answer Mr. VOLKMER. I yield to the gen- sophically in tune with each other, the not to the use of habeas corpus but to tleman from Michigan. two of us. I want to spend the balance the abuse of habeas corpus. All we are Mr. CONYERS. Mr. Chairman, the of my time talking about that, because asking, we are not bloodthirsty. We gentleman’s parliamentary finesse has I think it reflects something on this simply say look, if you have been con- always stood the House of Representa- issue. victed, if you have had your direct ap- tives in good standing and credit. I The writ of habeas corpus was in- peal, then you have had your habeas only wish I could have thought of this serted into the Constitution of the appeal through the State courts, motion and then had the courage to United States to provide protections through the Federal court, let us come follow through on it, being the ranking for individual citizens vis-a-vis their to closure and let justice be done. member of the Committee on the Judi- Government. I am not an individual Mr. Chairman, I yield back the bal- ciary. who believes that the Government is ance of my time. But am I not correct that we are at constantly out to be insidious with its The CHAIRMAN. The question is on this situation? We have had the prin- citizens, but sometimes the Govern- the amendment offered by the gen- cipal vehicle of the Committee on the ment makes mistakes. When that oc- tleman from North Carolina [Mr. Judiciary gutted. We now only have a curs, individual citizens ought to have WATT]. substitute remaining. The measure is the right and the ability to petition Mr. HYDE. Mr. Chairman, I ask probably a lower grade crime bill, cer- the judicial branch of Government to unanimous consent that the vote be tainly not an antiterrorist bill. So I do have that mistake redressed. held until tomorrow. The mother of the not have a reason in the world why I That is a proposition that is not gentlewoman from Idaho [Mrs. should object to the gentleman’s unique to people on the left end of the CHENOWETH] is ill and the gentlewoman amendment. political spectrum or the right end of cannot be here. Mr. VOLKMER. We cannot get all ex- the political spectrum or the middle of Mr. CONYERS. Mr. Chairman, I join cited about what we have left, Is that the political spectrum. It is not a prop- with the gentleman in that request. that the gentleman is saying? osition that is unique to black people The CHAIRMAN. Is there objection Mr. CONYERS. Not just not excited in our country, white people in our to the request of the gentleman from but disappointed. country, or any shades between. It is a Illinois? Mr. VOLKMER. Mr. Chairman, I right that our U.S. Constitution pro- There was no objection. would be glad to yield to the gen- vides to each and every citizen in this The CHAIRMAN. The vote will be tleman from Illinois. country. held tomorrow. Mr. HYDE. No. I would like to get my What has happened is that people in The Chair will still put the question own time in opposition. May that be the middle have now decided that, to a voice vote before rolling the vote. done? March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2185 The CHAIRMAN. The gentleman The preferential motion was rejected. and working with State and local law en- from Illinois [Mr. HYDE] is recognized The CHAIRMAN. It is now in order to forcement agencies on Federal criminal en- for 5 minutes. consider amendment No. 12 printed in forcement operations or programs that di- Mr. HYDE. Mr. Chairman, the gen- House Report 104–480. rectly impact a State or local law enforcement agency’s geographic jurisdiction. tleman is moving to strike the enact- AMENDMENT NO. 12 OFFERED BY MR. BARTLETT (9) Such other related matters as the Com- ing clause and to kill this legislation. I OF MARYLAND mission deems appropriate. know that would please him and it cer- Mr. BARTLETT of Maryland. Mr. SEC. 03. MEMBERSHIP AND ADMINISTRATIVE tainly would not disappoint the gen- Chairman, I offer an amendment. PROVISIONS. tleman from Michigan, but I think it The CHAIRMAN. The Clerk will des- (a) NUMBER AND APPOINTMENT.—The Com- would disappoint a lot of people, such ignate the amendment. mission shall be composed of 5 members appointed as follows: as the families of the victims at Okla- The text of the amendment is as fol- (1) 1 member appointed by the President homa City whom I have met, such as lows: pro tempore of the Senate. the families of the victims of pan Am Amendment No. 12 offered by Mr. BART- (2) 1 member appointed by the minority 103 whom I have met, such as the hos- LETT of Maryland: Add at the end the follow- leader of the Senate. tages who returned from Lebanon who ing new title: (3) 1 member appointed by the Speaker of the House of Representatives. were here the other day, such as the TITLE —COMMISSION ON THE AD- (4) 1 member appointed by the minority daughter of Leon Klinghoffer, who was VANCEMENT OF FEDERAL LAW EN- leader of the House of Representatives. murdered by thugs on the Achille FORCEMENT (5) 1 member (who shall chair the Commis- Lauro. These are people who would like SEC. 01. ESTABLISHMENT. sion) appointed by the Chief Justice of the to see us pass this legislation. There is established a commission to be Supreme Court. You may think there is nothing left, known as the ‘‘Commission on the Advance- (b) DISQUALIFICATION.—A person who is an ment of Federal Law Enforcement’’ (in this officer or employee of the United States but there is substantial good left in the shall not be appointed a member of the Com- bill, despite the Barr amendment which title referred to as the ‘‘Commission’’). SEC. 02. DUTIES. mission. I deplore. One of the things left is the (c) TERMS.—Each member shall be ap- The Commission shall investigate, ascer- pointed for the life of the Commission. ability of the victims’ families to sue tain, evaluation, report, and recommend ac- (d) QUORUM.—3 members of the Commis- terrorist countries and perpetrators of tion to the Congress on the following mat- terrorist acts in this country and get a sion shall constitute a quorum but a lesser ters: number may hold hearings. judgment, because some of their assets (1) In general, the manner in which signifi- (e) MEETINGS.—The Commission shall meet are here have been frozen. So that cant Federal criminal law enforcement oper- at the call of the Chair of the Commission. alone makes this worthwhile. ations are conceived, planned, coordinated, (f) COMPENSATION.—Each member of the Mr. VOLKMER. Mr. Chairman, will and executed. Commission who is not an officer or em- the gentleman yield? (2) The standards and procedures used by ployee of the Federal Government shall be Federal law enforcement to carry out signifi- Mr. HYDE. I yield to the gentleman compensated at a rate equal to the daily cant Federal criminal law enforcement oper- equivalent of the annual rate of basic pay from Missouri. ations, and their uniformity and compatibil- Mr. VOLKMER. Mr. Chairman, the prescribed for level IV of the Executive ity on an interagency basis, including stand- Schedule under section 5315 of title 5, United gentleman makes a very strong argu- ards related to the use of deadly force. States Code, for each day, including travel ment for the bill, and I will have to (3) The criminal investigation and han- time, during which the member is engaged in continue to consider it as a result of dling by the United States Government, and the performance of the duties of the Com- his statement and elucidation about all the Federal law enforcement agencies there- mission. the good things in the bill. with— SEC. 04. STAFFING AND SUPPORT FUNCTIONS. (A) on February 28, 1993, in Waco, Texas, Mr. HYDE. Does the gentleman mean (a) DIRECTOR.—The Commission shall have with regard to the conception, planning, and a director who shall be appointed by the I am persuading him? execution of search and arrest warrants that Mr. VOLKMER. I will not ask for a Chair of the Commission. resulted in the deaths of 4 Federal law en- (b) STAFF.—Subject to rules prescribed by recorded vote on this motion. We will forcement officers and 6 civilians; the Commission, the Director may appoint just let it pass and go on with the regu- (B) regarding the efforts to resolve the sub- additional personnel as the Commission con- lar amendments. sequent standoff in Waco, Texas, which siders appropriate. Mr. HYDE. I certainly thank the gen- ended in the deaths of over 80 civilians on (c) APPLICABILITY OF CERTAIN CIVIL SERV- tleman for his vote of confidence in my April 19, 1993; and ICE LAWS.—The Director and staff of the persuasive ability. (C) concerning other Federal criminal law Commission shall be appointed subject to enforcement cases, at the Commission’s dis- the provisions of title 5, United States Code, The CHAIRMAN. The gentleman cretion, which have been presented to the from Missouri is controlling the time. governing appointments in the competitive courts or to the executive branch of Govern- service, and shall be paid in accordance with Mr. CONYERS. Mr. Chairman, will ment in the last 25 years that are actions or the provisions of chapter 51 and subchapter the gentleman yield? complaints based upon claims of abuse of au- III of chapter 53 of that title relating to clas- Mr. VOLKMER. I yield to the gen- thority, practice, procedure, or violations of sification and General Schedule pay rates. tleman from Michigan. constitutional guarantees, and which may (d) EXPERTS AND CONSULTANTS.—The Com- Mr. CONYERS. Mr. Chairman, I indicate a pattern or problem of abuse with- mission may procure temporary and inter- agree with the gentleman from Illinois in an enforcement agency or a sector of the mittent services of experts and consultants enforcement community. under section 3109(b) of title 5, United States [Mr. HYDE] every time I get a chance, (4) The necessity for the present number of Code, but at rates for individuals not to ex- but he has just witnessed what I have. Federal law enforcement agencies and units. ceed per day the daily equivalent of the max- Now, crying for the victims after this (5) The location and efficacy of the office imum annual rate of basic pay payable for bill is gutted does not do a service to or entity directly responsible, aside from the GS–15 of the General Schedule. anybody connected with this measure. President of the United States, for the co- SEC. 05. POWERS. This is not an antiterrorist bill any ordination on an interagency basis of the op- (a) HEARINGS AND SESSIONS.—The Commis- longer. It is a low-grade crime bill that erations, programs, and activities of all of sion may, for the purposes of carrying out we could have gotten out any day in the Federal law enforcement agencies. this Act, hold hearings, sit and act at times the week. It has a very sad and shaky (6) The degree of assistance, training, edu- and places, take testimony, and receive evi- cation, and other human resource manage- future, and I am very disappointed that dence as the Commission considers appro- ment assets devoted to increasing profes- priate. The Commission may administer the gentleman from Missouri may not sionalism for Federal law enforcement offi- oaths or affirmations to witnesses appearing ask for a record vote. Anybody on this cers. before it. The Commission may establish floor can ask for a record vote. (7) The independent accountability mecha- rules for its proceedings. Mr. VOLKMER. Reclaiming my time, nisms that exist, if any, and their efficacy to (b) POWERS OF MEMBERS AND AGENTS.—Any I recognize that. I was hoping that we investigate, address, and correct systemic or member or agent of the Commission may, if could be able to continue with the leg- gross individual Federal law enforcement authorized by the Commission, take any ac- islation. abuses. tion which the Commission is authorized to (8) The extent to which Federal law en- take by this section. The CHAIRMAN. The question is on forcement agencies have attempted to pur- (c) OBTAINING OFFICIAL DATA.—The Com- the preferential motion offered by the sue community outreach efforts that provide mission may secure directly from any de- gentleman from Missouri [Mr. VOLK- meaningful input into the shaping and for- partment or agency of the United States in- MER]. mation of agency policy, including seeking formation necessary to enable it to carry out H2186 CONGRESSIONAL RECORD — HOUSE March 13, 1996 this title. Upon request of the Chair of the we can again achieve the high level of Mr. BARTLETT of Maryland. Mr. Commission, the head of that department or public confidence in our Federal law Chairman, if the gentleman will yield, agency shall furnish that information to the enforcement agencies that is necessary law enforcement experts. Law enforce- Commission. for them to act efficiently and effec- ment experts. (d) ADMINISTRATIVE SUPPORT SERVICES.— tively. Mr. CONYERS. Who? Upon the request of the Commission, the Ad- Mr. BARTLETT of Maryland. Law ministrator of General Services shall provide As you know, there have been some to the Commission, on a reimbursable basis, incidents, like Waco and Ruby Ridge, enforcement, really, experts. the administrative support services nec- that have caused a great number of our Mr. CONYERS. Law enforcement ex- essary for the Commission to carry out its constituents to lose confidence in our perts like who? responsibilities under this title. Federal law enforcement agencies. We Mr. BARTLETT of Maryland. I can- (e) SUBPOENA POWER.— have many brave people in these law not designate who would be appointed (1) IN GENERAL.—The Commission may enforcement agencies that every day by those who have the responsibility of issue subpoenas requiring the attendance put their life on the line. It is unfair to making the appointment under this. and testimony of witnesses and the produc- Mr. CONYERS. Who would make the ask them to function in an environ- tion of any evidence relating to any matter appointments? under investigation by the Commission. The ment in which far too many of our peo- Mr. BARTLETT of Maryland. Speak- attendance of witnesses and the production ple lack the kind of confidence that er, minority leader, there would be of evidence may be required from any place they should have in our Federal law en- five, and they are all designated by in- within the United States at any designated forcement agencies and in the individ- dividuals like that, bipartisan. place of hearing within the United States. uals who work there. (2) FAILURE TO OBEY SUBPOENA.—If a person Mr. CONYERS. Would the gentleman It is the intent of this amendment be very greatly disappointed in the leg- refuses to obey a subpoena issued under that we will, as a result of their find- paragraph (1), the Commission may apply to islative product that is on the floor, the United States district court for an order ings and their recommendations, rees- which is antiterrorism, if his measure requiring that person to appear before the tablish, reestablish confidence in our happened to not succeed? Commission to give testimony, produce evi- Federal law enforcement agencies so Mr. BARTLETT of Maryland. Yes, I dence, or both, relating to the matter under that they can be more effective in their would. I think that we have a investigation. The application may be made work. major—— within the judicial district where the hear- Mr. HYDE. Mr. Chairman, will the Mr. CONYERS. Wait a minute. That ing is conducted or where that person is gentleman yield? is all I wanted to know. found, resides, or transacts business. Any Mr. BARTLETT of Maryland. I yield failure to obey the order of the court may be Mr. Chairman, I yield to the gen- punished by the court as civil contempt. to the gentleman from Illinois. tleman from New York [Mr. SCHUMER]. (3) SERVICE OF SUBPOENAS.—The subpoenas Mr. HYDE. I would like to state, Mr. Mr. SCHUMER. Mr. Chairman, I of the Commission shall be served in the Chairman, that the majority accepts want to back the gentleman’s com- manner provided for subpoenas issued by a the amendment of the distinguished ment. United States district court under the Fed- gentleman from Maryland. We find it is Ladies and gentlemen, we hear from eral Rules of Civil Procedure for the United useful, and it makes a contribution to the other side all the time another States district courts. this generic problem. We are pleased to commission, another commission. We (4) SERVICE OF PROCESS.—All process of any accept it. should not have commissions. All of a court to which application is to be made Mr. BARTLETT of Maryland. Mr. under paragraph (2) may be served in the ju- sudden, we know what this is all about. dicial district in which the person required Chairman, I reserve the balance of my It is about Waco. The Waco hearings in to be served resides or may be found. time. the Committee on the Judiciary, and (f) IMMUNITY.—The Commission is an agen- The CHAIRMAN. Does any Member the Gov Ops Committee did not accom- cy of the United States for the purpose of seek time in opposition? plish what those acolytes of the NRA part V of title 18, United States Code (relat- Mr. CONYERS. Mr. Chairman, I rise wanted. It showed what David Koresh ing to immunity of witnesses). in opposition. was. It showed our law enforcement SEC. 06. REPORT. The CHAIRMAN. The gentleman people did an estimable job, it showed The Commission shall transmit a report to from Michigan [Mr. CONYERS] is recog- very simply that the conflagration the Congress and the public not later than 2 nized for 5 minutes. that occurred was the fault of David years after a quorum of the Commission has Mr. CONYERS. Mr. Chairman, I yield Koresh himself. But now they are going been appointed. The report shall contain a myself such time as I may consume. detailed statement of the findings and con- back to it. I suppose they do not want clusions of the Commission, together with Mr. Chairman, I am not surprised it to be in Congress anymore. We would the Commission’s recommendations for such that a commission to evaluate public show them up again. Instead they are actions as the Commission considers appro- confidence on the current state of Fed- going to a commission. I think this is priate. eral law enforcement would be put into a total waste of money here. We strike SEC. 07. TERMINATION. this sandwich that we have got on the out provisions that would fight Hamas The Commission shall terminate 30 days floor now. We do not have anything in and fight other terrorist organizations, after submitting the report required by this it. We have got to put something in it. and we put this commission in. title. So let us go back into, Mr. BARTLETT, We know what this bill is becoming. The CHAIRMAN. Pursuant to the Waco. We had three committees spend This bill is becoming an NRA wish list. rule, the gentleman from Maryland millions of dollars. We had every law That is all it is. And I do not think it [Mr. BARTLETT] and a Member opposed enforcement office in the Federal Gov- should be here. This does not belong will each control 5 minutes. ernment before the House and Senate. here. It makes no sense at all. And The Chair recognizes the gentleman But you did not get enough, did you? what we have learned here is that this from Maryland [Mr. BARTLETT]. The gentleman from Maryland did not body is less interested in fighting ter- get enough, did he? The gentleman rorism and more interested in showing b 1630 wants to go into it some more. their obeisance to the NRA. It is an ab- Mr. BARTLETT of Maryland. Mr. Let us look at Waco some more, solute disgrace. Chairman, I yield myself such time as please. The Attorney General, the Sec- Mr. CONYERS. May I say, my col- I may consume. retary of the Treasury, the head of league from New York is always tem- Mr. Chairman, I will be brief. This three other agencies, the two top-rank- perate in his remarks and is thoughtful amendment is a very simple amending members other than the Director of in analyzing the contributions or prob- ment. What it does is to set up a blue- the FBI, 50 other witnesses, lawyers lems that other organizations raise ribbon commission that will function from all over the planet, the witnesses, that lobby us all the time. for 2 years. The commission will have people that survived Waco, and we now I just think that this would strike a responsibility to look over our Federal come to it under this antiterrorist bill blow at the confidence in our judicial law enforcement agencies and to make and want to set up a blue-ribbon com- system and criminal justice system recommendations relative to their mission. that Chairman HYDE reiterated his charter as to how they operate and as May I ask one question? Who would strong confidence in only a few hours to how they can better function so that be on this commission? earlier. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2187 I have got confidence in this system. (2) in subsection (e) by adding at the end close, I think, a very signature loop- Doggone it, it has been wrong a lot of the following: hole in the law which allows this, I be- times, but do we really think a blue- ‘‘(4) DISCLOSURE OF FEES.—The amounts lieve, travesty to occur. Again, we paid under this subsection for services in any ribbon commission of ladies and gen- case shall be made available to the public.’’. maintain a fair balance between the tlemen appointed by the Speaker and (b) FEES AND EXPENSES IN CAPITAL CASES.— independence of the judiciary as well the minority leader would get to the Section 408(q)(10) of the Controlled Sub- as set some standards, set some ac- bottom of this? stances Act (21 U.S.C. 848(q)(10)) is amended countability for the American people Mr. HYDE. Mr. Chairman, will the to read as follows: and the American taxpayer. gentleman yield? ‘‘(10)(A) Compensation shall be paid to at- Mr. Chairman, I reserve the balance torneys appointed under this subsection at a Mr. CONYERS. I yield to the gen- rate of not less than $75, and not more than of my time. tleman from Illinois. $125, per hour for in-court and out-of-court The CHAIRMAN. Who seeks time in Mr. HYDE. I wanted to answer your time. Fees and expenses shall be paid for in- opposition? question. Yes, I think so, because we vestigative, expert, and other reasonably Mr. HYDE. Mr. Chairman, I do not may need that to get enough votes to necessary services authorized under para- rise in opposition, I really rise in sup- pass this bill. graph (9) at the rates and in the amounts au- port, if that is appropriate. Mr. CONYERS. I know we are grab- thorized under section 3006A of title 18, Unit- Mr. WATT of North Carolina. Mr. ed States Code. bing for votes, sir, but I do not know if ‘‘(B) The amounts paid under this para- Chairman, I rise in opposition. the Bartlett amendment will help in graph for services in any case shall be made The CHAIRMAN. The gentleman this quest or not. available to the public.’’. from North Carolina [Mr. WATT] is rec- Well, one person has volunteered that (c) EFFECTIVE DATE.—The amendments ognized for 5 minutes in opposition. the gentleman from Maryland [Mr. made by this section apply to cases com- Mr. WATT of North Carolina. Mr. menced on or after the date of the enactment BARTLETT] is doing the work of the Chairman, I yield myself such time and of this Act. Lord on this bill. Well, if we need it, I as I may consume. fellows, what the heck. The CHAIRMAN. Pursuant to the Mr. Chairman, I think that we have Mr. Chairman, I yield back the bal- rule, the gentleman from Tennessee already basically wiped out any rights ance of my time. [Mr. BRYANT] and a member opposed if we passed the hebeas corpus provi- Mr. BARTLETT of Maryland. Mr. will each control 5 minutes. sion that someone on death row has to The Chair recognizes the gentleman Chairman, I yield myself such time as defend themselves. from Tennessee [Mr. BRYANT]. I may consume. Mr. BRYANT of Tennessee. Mr. The appropriations process is in the Mr. Chairman, I just want to say that Chairman, I yield myself such time as process of wiping out the death penalty my colleagues have made an over- I may consume. centers which provides any semblance emphasis of the exploration of episodes Mr. Chairman, this is a narrow of legal representation to people who like Ruby Ridge and Waco. The real in- amendment, one that I think is very have been sentenced to death in our tent of this is, as I stated, to reinstill appropriate and necessary, given the country. And here we are now trying to public confidence in our Federal law apparent loss of credibility that our ju- do even more to speed up our Nation enforcement agencies. diciary system is suffering in this putting people to death. We should be I would point out to the gentleman country. It is narrow in the sense that ashamed. from Michigan [Mr. CONYERS] that this it amends the law which allows a Fed- There is not any other place in the is apparently also the dream of the eral judge in death penalty cases to judiciary or decisionmaking process ACLU, because they have endorsed this award court-appointed lawyers for where judges do not have discretion, amendment. LEAA and ACLU have these death row inmates an unlimited when they have the statutory ability both endorsed this amendment. So it amount per hour, completely in the and right to award legal fees, to deter- has very broad support from the public court’s own discretion, as to what that mine what a reasonable legal fees, to community. rate may be. determine what a reasonable legal fee Mr. Chairman, I yield back the bal- We think it would be appropriate is or is not. ance of my time. that we set some constraints on this. So this is not different in any respect The CHAIRMAN. The question is on We want to ensure that the judiciary from any other area of the law. It is al- the amendment offered by the gen- does remain independent, and as part ready virtually impossible to find law- tleman from Maryland [Mr. BARTLETT]. of that fee-setting this is necessary. On yers who have any background in pro- The amendment was agreed to. the other hand, we think also that the viding the kind of representation that I The CHAIRMAN. It is now in order to courts should be accountable to the thought our legal system insisted that consider amendment No. 13 printed in taxpayers, in particular, for some po- every defendant in this country ought House Report 104–480. tentially outrageous awards per hour to have. It is something that we have AMENDMENT NO. 13 OFFERED BY MR. BRYANT OF that they award the court-appointed supported as a proposition for as long TENNESSEE attorneys. We have heard instances in as this country has existed, the right Mr. BRYANT of Tennessee. Mr. the past where the courts have awarded to legal representation. Chairman, I offer an amendment. these lawyers up to $250 an hour for Yet here we are saying, give me a The CHAIRMAN. The Clerk will des- their work both in court and out of novice lawyer who has no experience to ignate the amendment. court, which is much higher an hour defend a person whose life is on the The text of the amendment is as fol- than the rate allowed for other cases. line. We ought to be ashamed of our- lows: We also think that in these awards of selves in this body if we have gotten to Amendment No. 13 offered by Mr. BRYANT attorneys’ fees and expenses, there this point. of Tennessee: ought to be a requirement to the Amer- Let the judges continue to exercise Add the following at the end: ican public, to the taxpayers, that the degree of discretion that they have TITLE —REPRESENTATION FEES these be made public. And this amend- had in this area. There has been no SEC. 01.—REPRESENTATION FEES IN CRIMINAL ment also requires public disclosure of showing in the Committee on the Judi- CASES. these fees. ciary that that has been abused. Let us (a) IN GENERAL.—Section 3006A title 18, We have also asked that, rather than vote down this amendment. United States Code, is amended— leaving the discretion completely in Mr. Chairman, I reserve the balance (1) in subsection (d)— the hands of the judge, that we allow of my time. (A) by redesignating paragraphs (4), (5), that judge to award fees in the range of b and (6) as paragraphs (5), (6), and (7), respec- $75 to $125 per hour. This is consistent 1645 tively; and with the judge’s own guide to judiciary Mr. BRYANT of Tennessee. Mr. (B) by inserting after paragraph (3) the fol- Chairman, I yield myself such time as lowing: policies and procedures. We think, ‘‘(4) DISCLOSURE OF FEES.—The amounts again, that this is a fair, a common- I may consume. paid under this subsection, for representa- sense balance that we can reach here. Mr. Chairman, this is not an argu- tion in any case, shall be made available to I hope we will have the support of all ment on the validity of the death pen- the public.’’; and Members of Congress as, again, we alty. It is simply setting a cap on what H2188 CONGRESSIONAL RECORD — HOUSE March 13, 1996 is, I am embarrassed myself as an at- Mr. Chairman, I might also say for [Mr. MARTINI] and a Member opposed torney to stand up and tell the Amer- noncapital cases, for people who are ap- will each control 5 minutes. ican public we are paying people in pointed in Federal court to represent The Chair recognizes the gentleman Tennessee at least $250 an hour, which people who go to jail for life sentences, from New Jersey [Mr. MARTINI]. I do not know of a single lawyer in it might not be capital cases, but who Mr. MARTINI. Mr. Chairman, I yield Tennessee that makes that much out- go to jail for 20 or 30 years of their life, myself such time as I may consume. side of this range. We are simply say- are appointed at a fee schedule of $40 Mr. Chairman, I rise today to offer ing that these attorneys are entitled to per hour out of court, $60 per hour in my amendment in response to a hor- fair compensation. court, and $75 per hour in high expense rible tragedy that occurred in my con- The figure that I choose, leaving dis- areas. The judges have the right to in- gressional district almost 1 year ago. cretion to the judge to award anywhere crease those amounts, and they have On March 21, 1995, in the early evening, from $75 an hour to $125 an hour, which not done so for 10 years. a man walked into the Montclair, NJ I think will hire a good, competent at- So those folks have the attorney to postal substation and summarily killed torney anywhere in this United States, keep people out of jail for years. What two postal employees and two postal within that range, which is the range we are talking about here is very ap- customers. Postal workers Stanley actually suggested by the courts’ own propriate for death penalty cases. Walensky and Ernest Spruill were guide to judiciary policy and proce- Again, I urge adoption of this amend- killed in that incident, along with Rob- dures. So this is nothing unusual. This ment. ert Leslie and George Lomaga, who is a range they are comfortable with, Mr. WATT of North Carolina. Mr. also had their lives senselessly lost in and I think we need to cap that, again. Chairman, I yield myself the balance of that criminal act. Another victim by To allow judges that unfettered discre- my time. the name of David Grossman fortu- tion to come in and award in cases up Mr. Chairman, this is the height of nately survived, despite two severe to $250,000, when we multiply the rate micro-management, the Congress of gunshot wounds. times $250 an hour, is certainly an em- the United States debating a provision Immediately thereafter, a manhunt barrassment to me as an attorney. that would set attorney’s fees and take began to find the individual who com- What we are doing is taking here rea- that discretion away from judges. mitted such a heinous crime. Within sonable, not draconian steps, but rea- Mr. Chairman, it is the height of hy- several days, law enforcement officials sonable steps; $125 an hour is again pocrisy for people who believe in captured a Christopher Green, who very appropriate in certain areas of States rights to now say that all of a shortly thereafter admitted that he this country. We do not violate any- sudden we are going to set attorney’s murdered these four individuals. one’s rights here. It is common sense, fees. This amendment is not even lim- As a former assistant U.S. attorney, I reasonable legislation. I would urge my ited to Federal cases. It is the height of and others in the community naturally colleagues to close this loophole and inhumanity to say that a person who expected that the U.S. attorney would vote for this very good amendment. has his life in the balance and has not seek the death penalty under the Fed- Mr. Chairman, I reserve the balance even been found guilty or innocent, has eral statute for such a heinous inci- of my time. his life in the balance, we ought to be dent. Myself and others were frankly Mr. WATT of North Carolina. Mr. passing an amendment like this. shocked when we learned that the U.S. Chairman, I yield 1 minute to the gen- Mr. Chairman, we ought to be attorney, in her review of the statute, tleman from Michigan [Mr. CONYERS], ashamed if we pass this amendment. concluded there was not a sufficient the ranking member of the committee. My colleagues, come to your senses aggravating factor that would clearly Mr. CONYERS. Mr. Chairman, I and defeat this amendment today. apply though this type of an incident. would say to the gentleman from Ten- The CHAIRMAN. The question is on Mr. Chairman, the Martini amend- nessee [Mr. BRYANT], I do not know the amendment offered by the gen- ment, formerly known as the Death where the gentleman has been practic- tleman from Tennessee [Mr. BRYANT]. Penalty Clarification Act of 1995, H.R. ing law, but even in the gentleman’s The question was taken; and the 1811, would simply expand the list of State, I can assure the gentleman, and Chairman announced that the ayes ap- aggravating factors in the Federal I hope we can get some statistics for peared to have it. death penalty statute to include situa- the gentleman for his benefit, but the Mr. WATT of North Carolina. Mr. tions in which a defendant ‘‘Inten- lawyers who represent people in bank- Chairman, I demand a recorded vote. tionally kills or attempts to kill more ruptcy law, the corporation lawyers, The CHAIRMAN. Pursuant to the than one person in a single criminal the litigators, the trial lawyers, all of rule, further proceedings on the amend- episode.’’ those who represent transnational, if ment offered by the gentleman from My amendment is simply and the gentleman would talk to them Tennessee [Mr. BRYANT] will be post- straightforward. It will simply provide about representing corporations, inani- poned. Federal prosecutors with the option of mate objects, at $175 an hour, they The CHAIRMAN. It is now in order to pursuing the death penalty in cases would laugh the gentleman off the consider amendment No. 15 printed in like the Montclair postal shooting. I floor of the House of Representatives. House Report 104–480. would like to restate, it would only If the gentleman has been a lawyer, the AMENDMENT NO. 15 OFFERED BY MR. MARTINI apply to Federal crimes. gentleman knows it, just like I do. Mr. MARTINI. Mr. Chairman, I offer Mr. Chairman, this proposal sends a Now, I know capping is the big thing an amendment. clear message to the criminal that exe- in the 104th Congress; whatever it is, The CHAIRMAN. The Clerk will des- cution-style multiple killings in Fed- we want it cap it. But these are death ignate the amendment. eral facilities will not go unpunished penalty cases. This is a human being’s The text of the amendment is as fol- because of some oversight or loophole life that hangs in the balance. lows: in Federal law. It is supported by the Mr. Chairman, do my colleagues House Committee on the Judiciary, the Amendment No. 15 offered by Mr. MARTINI: know the one reason that the gen- Add at the end the following: leadership, and, most importantly, the American people. tleman from Illinois [Mr. HYDE] can TITLE —DEATH PENALTY cite all these years that cases went be- AGGRAVATING FACTOR Tragedies like the Montclair postal fore getting a final disposition in death shooting carry an impact far beyond SEC. . DEATH PENALTY AGGRAVATING FACTOR. its immediate effect on the victims and penalty cases? The reason is there were Section 3592(c) of title 18, United States young lawyers, new lawyers, untrained Code, is amended by adding after paragraph their families. Every time we are ex- lawyers. (15) the following: posed to such a heinous act like this, Mr. BRYANT of Tennessee. Mr. ‘‘(16) MULTIPLE KILLINGS OR ATTEMPTED one more parent is reluctant to let Chairman, I yield myself the balance of KILLINGS.—The defendant intentionally kills their child play outdoors, one more my time. or attempts to kill more than one person in senior citizen stays home at night, and Mr. Chairman, let be begin my re- a single criminal episode.’’. one more guard bar goes on our win- marks by saying I will put a statement The CHAIRMAN. Pursuant to the dows and one more lock goes on the in the RECORD. rule, the gentleman from New Jersey front door. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2189 Mr. Chairman, let me conclude by read this amendment, it is not limited b 1700 saying if you believe that execution- to any Federal issue. In the last crime Mr. MARTINI. Mr. Chairman, I yield style multiple murders should be pun- bill that this body passed, we made myself such time as I may consume. ishable by the death penalty, then you carjacking, whether the car went inter- Just in response to my colleague, should certainly support this very sim- state or not interstate, a Federal of- first of all this only applies to the Fed- ple, direct, straightforward amend- fense. We made drive-by shooting, eral death penalty statute, and if he ment. The people of Montclair and sur- whether the bullet was fired across read and took the time to read the rounding communities are still trying State lines or not, a Federal offense. other 15 aggravating factors that would to heal from last year’s tragedy. Let us Now, apparently under this amend- make someone eligible for a Federal give them part of that healing process. ment, we would make any multiple death penalty as punishment, he would Mr. Chairman, I urge my colleagues killing, manslaughter, any kind of cir- see that there are far less aggravating to support the Martini amendment. cumstances, a Federal offense. factors than this particular amend- Mr. Chairman, I reserve the balance Where are the people who for so long ment would add to it. of my time. in this body have been advocating for Moreover, the gentleman mentioned The CHAIRMAN. Does any Member States rights? Where have you gone? where would this apply? This would seek time in opposition? This is not an issue that ought to be a simply apply to an incident that oc- Mr. CONYERS. Mr. Chairman, I rise Federal issue. If we are going to do it curred in my district less than a year in opposition to the amendment. for Federal offenses, at least limit it to ago in which four people were basically The CHAIRMAN. The gentleman Federal offenses and not State offenses. shot down in one incident in a postal from Michigan [Mr. CONYERS] is recog- Mr. MARTINI. Mr. Chairman, I yield Federal facility, and under the review nized for 5 minutes. 1 minute to the gentleman from Penn- by the U.S. Attorney at that time in Mr. CONYERS. Mr. Chairman, I yield sylvania [Mr. GEKAS]. reviewing this statute she felt that myself such time as I may consume. Mr. GEKAS. Mr. Chairman, I thank that type of an incident would not be Mr. Chairman, I thank my colleague the gentleman for yielding time. eligible for consideration of the death for bringing this amendment forward. The World Trade Center bombing, penalty adding aggravating factors. It must have a useful purpose besides which was a terrorist bombing of the In conclusion, let me just add this. filling the gap in the anti-terrorist leg- first impression, killed dozens of peo- This does not change State law. This islation. Is this directed at terrorists, ple. New York State did not have a only affects Federal prosecutions in sir? death penalty. The Federal establish- which there is more than one person in Mr. MARTINI. Mr. Chairman, will ment at that point did not have a Fed- the same criminal episode that is actu- the gentleman yield? eral death penalty, so the gentleman’s ally killed during that episode. If my Mr. CONYERS. I yield to the gen- amendment, had it been in place, would colleague would take the time to read tleman from New Jersey. have covered that situation to the let- some of the other 15 aggravating fac- Mr. MARTINI. Mr. Chairman, this is tors, my colleague would see how, in directed at anyone. It could be directed ter. This is an excellent way for the jury comparison, this is certainly a more at terrorists, or also directed at anyone to have an extra dimension, extra aggravating factor than the other ag- who in one incident were to execute guideline, extra standard against which gravating factors that exist already in more than one individual. the statute. Mr. CONYERS. Mr. Chairman, re- to weigh the difference between a life sentence and the death penalty. There- Mr. CONYERS. Mr. Chairman, I yield claiming my time, I would ask the gen- such time as he may consume to the tleman, in other words, this is not ger- fore, I would support the gentleman’s amendment, because it is simply an ad- gentleman from North Carolina [Mr. mane particularly to the anti-terrorist WATT]. legislation. This is a anti-crime meas- ditional tool that the jury of one’s peers would have to determine whether Mr. WATT of North Carolina. Mr. ure, is it not? Chairman, I just wanted to make sure Mr. MARTINI. This is certainly di- or not the death penalty should apply. Everyone in the world knows when that everybody understood that this rected at that. must have been a terrorist attack in Mr. CONYERS. Now, let us figure out there is a mass killing or multiple killing, that that is much worse than a the district of the gentleman from New how many times in the Federal juris- Jersey [Mr. MARTINI] that this terror- diction that the gentleman can remem- single killing, as sad and horrible as that single killing could be. But to ist bill is designed to take care of. ber there have been multiple killings Was it, in fact, a terrorist attack as mount up the terror with three and or multiple attempted killings in the gentleman from Michigan [Mr. five and seven killings gives the jury which the gentleman’s provision, if it CONYERS] understands it? became law, would have application? I additional weight to determine wheth- Mr. CONYERS. Mr. Chairman, if the would yield to the gentleman for an an- er or not the death penalty should gentleman will yield, I doubt it very swer to that question. apply. seriously. Mr. MARTINI. If the gentleman will Mr. CONYERS. Mr. Chairman, I yield But may I use the few seconds that I yield enough time for me to answer the 1 minute to the gentleman from North have to gain the attention of the gen- question? Carolina [Mr. WATT]. tleman from Pennsylvania [Mr. GEKAS] Mr. CONYERS. Mr. Chairman, I am Mr. WATT of North Carolina. Mr. with whom I worked for many years on yielding for an answer, not a lecture. Chairman, I just wanted to make it the Committee on the Judiciary? Mr. MARTINI. I do not have the plain to the gentleman that what I am See, New York, I would say to the number of incidents. complaining about is not the Federal gentleman, has a death penalty now. Mr. CONYERS. Mr. Chairman, that is offenses, but there is no reason that we But the gentleman is living in the past. all I wanted to know. The gentleman ought to say to the State of New York, Sir, I am not going to yield, I regret. does not know, and neither do I, but it which has their own legislative body Mr. GEKAS. I thought the gentleman sounds great. and has, based on the gentleman’s par- from Michigan was a friend of mine. I am telling the gentleman one thing: ty’s proposition, a right as a State to Not that friendly. If we ever get somebody that fits this make its own laws, that every multiple Mr. CONYERS. But the fact of the description in this amendment, they killing in the State of New York ought matter is, sir, that New York does now are going to really get it, because the to carry the death penalty, if the State have a death penalty. So if the gentle- death penalty as an aggravating factor, of New York has made a decision of its man’s excuse for supporting this was multiple killings or attempted killings, own that they will have no death pen- because of the past, it is no longer ap- has nothing to do with terrorism, but alty in State offenses. That is the point propriate. that is really not that important. that I am making. The CHAIRMAN. The question is on Mr. Chairman, I yield 1 minute to the This is way, way too broad, and it is the amendment offered by the gen- gentleman from North Carolina [Mr. totally inconsistent with the philoso- tleman from New Jersey [Mr. MARTINI]. WATT]. phies that I have heard espoused from The question was taken; and the Mr. WATT of North Carolina. Mr. the other side of this body consistently Chairman announced that the ayes ap- Chairman, I just want to point out as I during this term of Congress. peared to have it. H2190 CONGRESSIONAL RECORD — HOUSE March 13, 1996

Mr. WATT of North Carolina. Mr. of us to try to accommodate them. But tleman from Massachusetts [Mr. MAR- Chairman, I demand a recorded vote, I certainly had a question with respect KEY] as conferee on the bill (H.R. 956) and pending that, I make the point of to the amendment with respect to a to establish legal standards and proce- order that a quorum is not present. statement that I had read before. It dures for product liability litigation, The CHAIRMAN. Pursuant to the said that before arresting individuals and for other purposes, to replace the rule, further proceedings on the amend- who had been reported as having been gentleman from Oregon [Mr. WYDEN]. ment offered by the gentleman from here illegally, State and local law en- There was no objection. New Jersey [Mr. MARTINI] will be post- forcement agencies would have to con- The SPEAKER pro tempore. The poned. firm their status with the INS before Clerk will notify the Senate of the The point of no quorum is considered arrest. Is that the gentleman’s under- change in conferees. withdrawn. standing of what the amendment f Mr. HYDE. Mr. Chairman, I move reads? COMPREHENSIVE ANTITERRORISM that the Committee do now rise. Mr. DOOLITTLE. If the gentleman ACT OF 1995 The motion was agreed to. will yield further, they are authorized Accordingly the Committee rose; and to arrest and detain, but only after The SPEAKER pro tempore. Pursu- the Speaker pro tempore (Mr. GOSS) they have obtained confirmation from ant to the House Resolution 380 and having assumed the chair Mr. LINDER, the INS. So they would have to call rule XXIII, the Chair declares the Chairman of the Committee of the into the INS and get their confirma- House in the Committee of the Whole Whole House on the State of the Union, tion that indeed this person is a crimi- House on the State of the Union for the reported that that Committee, having nal alien. further consideration of the bill, H.R. had under consideration the bill (H.R. Mr. COLEMAN. But, of course, that 2703. 2703) to combat terrorism, had come to is before they are arrested. So a person b 1708 no resolution thereon. could not even be detained while that IN THE COMMITTEE OF THE WHOLE f is going on, is that the gentleman’s un- Accordingly the House resolved itself derstanding? PERMISSION FOR MEMBER TO into the Committee of the Whole House Mr. DOOLITTLE. If I may add, typi- OFFER AMENDMENT OUT OF on the State of the Union for the fur- cally this situation arises when they ORDER DURING FURTHER CON- ther consideration of the bill (H.R. have stopped an individual for a traffic SIDERATION OF H.R. 2703, COM- 2703) to combat terrorism, with Mr. offense, and in the course of running PREHENSIVE ANTITERRORISM LINDER in the chair. the check this pops up. So that is kind ACT OF 1995 The Clerk read the title of the bill. of the normal circumstance when it Mr. DOOLITTLE. Mr. Speaker, I ask The CHAIRMAN. When the Commit- would occur. tee of the Whole rose earlier today, a unanimous consent that during further Mr. COLEMAN. But of course that is consideration of the bill H.R. 2703, pur- demand for a recorded vote on amend- not all circumstances. ment No. 15 offered by the gentleman suant to House Resolution 380, I may Mr. Speaker, I just want to say to the be permitted to offer the amendment from New Jersey [Mr. MARTINI] and on gentleman, if the gentleman will help which the ‘‘ayes’’ prevailed by voice numbered 7 in House Report 104–480 out me answer that question during the of the specified order and immediately vote had been postponed. time he has for the debate, I would not Pursuant to the order of the House of following amendment No. 15. object because I think people ought to today, it is now in order to consider I spoke with the ranking minority be entitled to offer their amendments amendment No. 7 printed in House Re- member about this, and he indicated that are made in order. port 104–480. that he would have no objection. Mr. Speaker, I withdraw my reserva- AMENDMENT NO. 7 OFFERED BY MR. DOOLITTLE The SPEAKER pro tempore. Is there tion of objection. Mr. DOOLITTLE. Mr. Chairman, I objection to the request of the gen- The SPEAKER pro tempore. Is there tleman from California? offer an amendment. objection to the request of the gen- The CHAIRMAN. The Clerk will des- Mr. COLEMAN. Reserving the right tleman from California? to object, Mr. Speaker, I would like to ignate the amendment. There was no objection. The text of the amendment is as fol- ask the gentleman from California a f question, if I might, and I would be lows: happy to yield to him for that purpose. MAKING IN ORDER ADDITIONAL Amendment No. 7 offered by Mr. DOO- TIME FOR DEBATE ON AMEND- LITTLE: As I understood the amendment, it was Page 133, after line 17, insert the following gone over because the gentleman was MENT NO. 10 TO H.R. 2703, COM- PREHENSIVE ANTITERRORISM new section (and conform the table of con- not ready for presentation at the time tents accordingly): ACT OF 1995 it came up; is that correct? SEC. 678. AUTHORIZING STATE AND LOCAL LAW Mr. DOOLITTLE. Mr Speaker, will Mr. WATT of North Carolina. Mr. ENFORCEMENT OFFICIALS TO AR- the gentleman yield? Speaker, I ask unanimous consent that REST AND DETAIN CERTAIN ILLE- GAL ALIENS. Mr. COLEMAN. I yield to the gen- when the Committee of the Whole re- (a) IN GENERAL.—Notwithstanding any tleman from California. sumes proceedings on the request for a other provision of law, to the extent per- Mr. DOOLITTLE. Mr. Speaker, the recorded vote on the amendment which mitted by relevant State and local law, estimates we were given—they did is the Watt-Chenoweth amendment, State and local law enforcement officials are not—a couple of amendments were amendment No. 10, it may be first in authorized to arrest and detain an individual dropped before us, and they did not order to debate the amendment for an who— hold a vote on one of them, so, yes, I additional 10 minutes equally divided (1) is an alien illegally present in the Unit- was not here and I could not get over in ed States, and and controlled by an opponent and a (2) has previously been convicted of a fel- time. I was here, but I just missed it by proponent of the amendment. ony in the United States and deported or left the time we got here. The SPEAKER pro tempore. Is there the United States after such conviction, Mr. COLEMAN. Mr. Speaker, further objection to the request of the gen- but only after the State or local law enforce- reserving the right to object, let me tleman from North Carolina? ment officials obtain appropriate confirma- only ask one question that I had an in- There was no objection. tion from the Immigration and Naturaliza- terest in. f tion Service of the status of such individual I do not know; it may have just been and only for such period of time as may be the analysis of the amendment that APPOINTMENT OF CONFEREE IN required for the Service to take the individ- was in error, but I did not understand, LIEU OF CONFEREE H.R. 956, ual into Federal custody for purposes of de- and I just wanted to ask this one ques- COMMON SENSE PRODUCT LI- porting or removing the alien from the Unit- ed States. tion, if I might, and I would like to not ABILITY AND LEGAL REFORM ACT OF 1995 (b) COOPERATION.—The Attorney General object because I think what happened shall cooperate with the States to assure to the gentleman happens to a lot of The SPEAKER pro tempore. Without that information in the control of the Attor- Members, and I think it is right for all objection, the Chair appoints the gen- ney General, including information in the March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2191 National Crime Information Center, that and detaining criminal aliens whom reform. It is narrow in scope but will would assist State and local law enforcement they encountered through their routine help mightily people on the ground officials in carrying out duties under sub- duties. In fact, a low re-entry into the who have the primary responsibility of section (a) is made available to such offi- United States by deported aliens was keeping our children and families safe cials. considered a felony. Our State and from crime. The CHAIRMAN. Pursuant to the local law enforcement officers are only b 1715 rule, the gentleman from California permitted to release the felon and con- [Mr. DOOLITTLE] and a Member opposed tact the INS with the details of the in- Mr. COLEMAN. Mr. Chairman, will will each control 10 minutes. cident. the gentleman yield? The Chair recognizes the gentleman Mr. Chairman, current Federal law in Mr. DOOLITTLE. I yield to the gen- from California [Mr. DOOLITTLE]. this area places our communities at tleman from Texas. Mr. DOOLITTLE. Mr. Chairman, I risk and has led me to offer this Mr. COLEMAN. Mr. Chairman, I yield myself such time as I may amendment to H.R. 2703, an amend- would tell the gentleman from Califor- consume. ment I feel will help put some sense nia [Mr. DOOLITTLE] that a lot of us Mr. Chairman, I held a meeting re- back into our laws dealing with the re- who represent border districts under- cently with many of our key law en- entry of criminal aliens into this coun- stand and appreciate the gentleman’s forcement people in my part of north- try. effort. A lot of us believe that we need ern California to help identify reason- My amendment would also permit to have a process and a system that able and constitutional ways in which State and local law enforcement offi- works in the way that the gentleman’s Congress can assist them in their fight cials to assist the INS by granting amendment attempts to describe it. against violent crime in our commu- them the authority in their normal Mr. Chairman, I have to say that I nities. Not surprisingly, many of them course of duty to arrest and detain noted the gentleman pointed out that pointed to California’s increasing prob- criminal aliens until the INS can prop- there are no unfunded Federal man- lem with illegal immigration as an erly take them into Federal custody. dates. I will tell the gentleman that issue they felt deserved Congress’ im- With my amendment, law enforce- the transferring of any person taken by mediate attention. ment officials would no longer be re- my local police department into cus- I am pleased to see that H.R. 2703 has quired to release known dangerous fel- tody over to the INS will require some taken major steps in addressing the ons back into our communities. In- amount of paperwork. It may be, I problem of illegal immigration by spe- stead, this amendment would give hope, de minimus. I truthfully hope cifically focusing on the deportation of those with the responsibility of pro- that is the case. But I must tell the criminal aliens from our country. How- tecting our public safety the ability to gentleman that in that process, in and ever, I feel that the bill fails to address take a known criminal alien off our of itself, there will be some expense; a critical problem associated with streets and put him behind bars. perhaps not even just to the local de- criminal aliens, and that is the fact Mr. Chairman, you will be interested partment, but certainly to the Federal that almost all of those deported even- to know that shortly before my district agency called INS as well. tually find their way back to our coun- was victimized for the second time by Mr. Chairman, I would hope that try with a potential of committing this criminal alien I spoke of earlier, there is an understanding, and perhaps crimes again. an area police officer actually stopped if this amendment does survive the In California alone, the INS deports him for a traffic violation. With my House and makes it into the con- thousands of illegal immigrants every amendment the police officer would ference, we would have an opportunity year who have committed felonies in have been able to put him in jail for to discuss how it is that we will ensure our State, and every year thousands of being back in the country illegally that there will be sufficient funds to those same criminal aliens return back until the INS could take him into Fed- pay for the process that the gentleman again. In fact, the California Depart- eral custody. Without it, the officer has attempted, I think, to outline and ment of Justice recently reported that had to release him, and our area be- describe in his amendment. It is one 98 percent of all immigrants who are came the victim of yet another crime. which I think most Members would be deported for committing felonies in My amendment is supported by our supportive of, except for the fact that a California will eventually return to the local law enforcement because they lot of us are not quite sure exactly how State, and of those, 40 percent will know that fighting illegal immigration it is going to work in terms of the dol- commit crimes again. can no longer be left solely to Federal lars and cents. Unfortunately, this epidemic is not agencies. Let us untie the hands of It is easy for us to say, Here is what unique to urban areas, but has started those we ask to protect us and include we want. Americans do it all the time. to infest rural America as well. Just a my amendment in H.R. 2703 today. Yet, they do not say how we are going few years ago, in the small rural com- Mr. Chairman, by way of summary, I to pay for it. I am one of those who has munity of Lincoln, which is located in would like to allay fears or concerns an interest in the process and want to my district, an illegal alien was found that Members may have about the ensure, as I know the gentleman does, guilty of a driveby shooting, which was scope of my amendment. the rights of the arrested individual, the first driveby shooting ever in that First, my amendment does not re- the guarantee and assurance that that area. After spending a short time in quire anything of State and local law is a person who is in violation of an imprison, the criminal alien was deported enforcement. There is no Federal man- migration law, in addition to the fact out of the country by the INS. Now, de- date. The provision I seek to add would that that person may have committed spite his deportation, he returned to merely authorize local law enforce- an offense within the United States. As the area after only 1 week and, without ment agencies to hold the criminal the gentleman and I know, we think hesitation, committed another crime. alien until the INS has taken him back NCIC works pretty well. We on the bor- With such a threat to our public safe- into Federal custody. der think it does work fairly well. ty posed by criminal aliens, one would Secondly, my amendment is very There are exceptions, but nonetheless think that we would give law enforce- narrow and only covers situations in we would like to see it work. ment all the tools it needs to remove which the State or local officer en- Mr. Chairman, as long as the gen- these criminals from our streets, but counters criminal aliens within his tleman has a procedure and process unfortunately just the opposite is true. routine duties. In addition, the subject now being required, as I understand his In fact, the Federal Government has can only be held if the State or local amendment would require, that some tied the hands of our State and local police have obtained appropriate con- action at least would be taken by State law enforcement officials by actually firmation from the INS of the illegal and local officials, as well as the INS, prohibiting them from doing their job status of the individual. Only con- I have to say, I am convinced there will of protecting public safety. I was dis- firmed criminal aliens are at risk of be some costs associated with it. mayed to learn that the current Fed- being taken into custody. Mr. DOOLITTLE. Mr. Chairman, let eral law prohibits State and local law In closing, Mr. Chairman, I think my me say to the gentleman that I would enforcement officials from arresting amendment represents commonsense be delighted to work with him on this H2192 CONGRESSIONAL RECORD — HOUSE March 13, 1996 issue. Obviously, the primary respon- nessee [Mr. BRYANT], is agreed to by into this country from a terrorist state sibility for dealing with the control of voice vote. government a certain amount of money our borders rests with the Federal Gov- Amendment No. 15, offered by the that might be used to further the cause ernment. Representing California, we gentleman from New Jersey [Mr. MAR- of terrorist activities in the United have had a number of problems getting, TINI], is agreed to by voice vote. States. really, reimbursed for the costs that It is now in order to consider amend- As opposed to the underlying bill’s have been incurred. ment No. 16 printed in House Report provisions, the amendment I am offer- On this amendment I bring today, 104–480. ing only applies when a terrorist coun- the intent is to give the option to local AMENDMENT NO. 16 OFFERED BY MR. MC COLLUM try, one designated in law by existing law enforcement. It really came at the Mr. MCCOLLUM. Mr. Chairman, I law that we already have, which cur- suggestion of one of our local police de- offer an amendment. rently includes Iraq, Iran, Libya, partments within the city of Roseville, The CHAIRMAN. The Clerk will des- Syria, Sudan, Cuba, North Korea, are which has had problems in this area, ignate the amendment. the donee countries, rather than to the and the others who were there felt that The text of the amendment is as fol- organizations, because that becomes a this made perfect sense. lows: more complicated technical problem. The gentleman is correct, of course, It seems to me, Mr. Chairman, that Amendment No. 16 offered by Mr. MCCOL- that if they detain an illegal, there will LUM: Add at the end the following: we should not permit American citi- be some additional expense involved TITLE —FINANCIAL TRANSACTIONS zens or American permanent resident with the processing of that. They WITH TERRORISTS aliens to bring money into this country under any guise from a country that seemed willing, at least at this point, SEC. . FINANCIAL TRANSACTIONS WITH TER- to incur that. But I would be more than RORISTS. has been put on the terrorist state list. happy to work with the gentleman to (a) IN GENERAL.—Title 18, United States We do not know what that money see if there is a way we can help the Code, is amended by inserting before section might be used for, but more likely than Government to live up to its primary 2333 the following: not, when we think about it, for terror- responsibility of dealing with the con- § 2332c. Financial transactions ist activities it would be used to buy trol of our borders ‘‘(a) Except as provided in regulations explosives or to perhaps harbor some Mr. COLEMAN. Mr. Chairman, if the made by the Secretary of State, whoever, people who are going to actually com- gentleman will yield further, I would being a United States person, knowing or mit the technical acts, or maybe to just point out that since, in fact, the having reasonable cause to know that a buy the taxicab fare or the plane fare, ability to deal with some of the costs country is a country that has been des- or who knows what. Certainly it could are directly related to the property ignated under section 6(j) of the Export Ad- be used for those purposes. We have no ministration Act (50 U.S.C. App. 2405) as a values of a given district or a given country supporting international terrorism; business having financial transactions area which is represented by a local po- engages in a financial transaction with that with terrorist states coming to Amer- lice department, I must tell the gen- country, shall be fined under this title or im- ican citizens. tleman that some communities will be prisoned not more than 10 years, or both. There is some existing law, but it is unable to come up with those kinds of ‘‘(b) As used in this section— very weak law in this regard. The defi- funds that are necessary, I think, for ‘‘(1) the term ‘financial transaction’ has nition in the amendment I am propos- some of these additional costs, unless the meaning given that term in section ing with regard to a financial trans- they are budgeted in some way; that 1956(c)(4); and action that would be prohibited is the ‘‘(2) the term ‘United States person’ means one currently used in our money laun- there is some provision made at our any United States citizen or national, per- level to say that we intend to hold manent resident alien, juridical person orga- dering statutes. It is a fairly broad def- harmless those departments who are nized under the laws of the United States, or inition, defined as ‘‘any movement of working in that area, or at least pro- any person in the United States.’’. funds, use of any monetary instru- vide some assistance to them, maybe (b) CLERICAL AMENDMENT.—The table of ments or financial institution or the through the INS. sections at the beginning of the chapter of transfer of any real property or certain That is the kind of thing I would like title 18, United States Code, to which the types of personal property.’’ to work out, and maybe we can find a amendment of subsection (a) was made is The Secretary of State under this amended by inserting before the item relat- amendment could make certain excep- mechanism for funding it. I do not ing to section 2333 the following new item: think that people would object, as I tions in cases of an inconsequential na- ‘‘2332c. Financial transactions.’’. said earlier, to the thrust of the ture, perhaps something connected amendment. I am very concerned about The CHAIRMAN. Pursuant to the with the United Nations activity by its workability. As I say, I welcome the rule, the gentleman from Florida [Mr. one of these countries, such as postal, opportunity to work with the gen- MCCOLLUM] and a Member opposed will telephone, travel services, for specific tleman. each control 10 minutes. purposes and the like. Mr. DOOLITTLE. As do I, Mr. Chair- The Chair recognizes the gentleman Mr. Chairman, why is this impor- man. We will proceed ahead. from Florida [Mr. MCCOLLUM]. tant? It is obviously important. We The CHAIRMAN. The time of the Mr. MCCOLLUM. Mr. Chairman, I want to protect our citizens from ter- gentleman from California [Mr. DOO- yield myself such time as I may rorist acts just as much as we want LITTLE] has expired. consume. other countries to be protected. The Does any Member seek time in oppo- Mr. Chairman, the centerpiece of the bill just is not adequate as it is now. sition? Hearing none, the question is existing bill as far as terrorism is con- An example of what might be, and I on the amendment offered by the gen- cerned is the provision which denies do not know that it is, a situation of tleman from California [Mr. DOO- the right of a terrorist organization or this nature came to my attention read- LITTLE]. state to come to the United States and ing the newspapers recently, when The amendment was agreed to. raise money to then take back abroad Louis Farrakhan went abroad and vis- WITHDRAWAL OF DEMAND FOR RECORDED VOTES and presumably use it to engage in ter- ited a number of terrorist states. It has ON AMENDMENTS NOS. 13 AND 15 rorist activities, perhaps in a foreign been reported that in Tripoli during his Mr. WATT of North Carolina. Mr. country, wherever that might be, stop, Farrakhan received a pledge of $1 Chairman, I ask unanimous consent northern Africa, southern Europe, the billion from the Libyan Government, that the demand for recorded votes on Middle East, or wherever. from Mu’ammar Qadhafi. I do not know amendments Nos. 13 and 15 be with- The converse or the complement to whether that is true or not, but that is drawn. this is equally important. That is what what has been reported. The CHAIRMAN. Is there objection my amendment addresses. It addresses I do not believe that the Libyan Gov- to the request of the gentleman from the situation where a terrorist organi- ernment ought to be giving Farrakhan North Carolina? zation, in an effort to be able to be in- or any other United States citizen $1 There was no objection. volved in the United States in some billion to come to the United States. The CHAIRMAN. Amendment No. 13, terrorist activity, actually has some Who knows what that might be used offered by the gentleman from Ten- American citizen, a recipient, to bring for? I am not trying to disparage Mr. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2193 Farrakhan’s purposes, although he is olution be debatable for not to exceed 1 The Senate concurrent resolution reported as having said during his tour, hour, to be equally divided and con- was concurred in. ‘‘You can quote me, God will destroy trolled by myself and the gentleman A motion to reconsider was laid on America by the hands of Muslims.’’ from Wisconsin [Mr. OBEY]; that all the table. I do not know his motives or his in- points of order against the joint resolu- f tent, and I do not wish to bring up his tion and against its consideration be situation to disparage him, because I waived; and that the previous question REMOVAL OF NAME OF MEMBER really do not know. But it does call to be considered as ordered on the joint AS COSPONSOR OF H.R. 359. our attention the fact that there are resolution to final passage without in- Mr. LONGLEY. Mr. Speaker, I ask states like Libya and the Sudan and tervening motion, except one motion unanimous consent that my name be Iran who could provide money to the to recommit, with or without instruc- removed as a cosponsor of H.R. 359. wrong hands in the United States in tions. The SPEAKER pro tempore. Is there large quantities, potentially under cur- The SPEAKER pro tempore. Is there objection to the request of the gen- rent law. We need to close that loop- objection to the request of the gentleman from Maine? hole. That is what my amendment tleman from Louisiana? There was no objection. does. That is why I offered it. Mr. OBEY. Reserving the right to ob- f Mr. Chairman, I yield 2 minutes to ject, Mr. Speaker, and I certainly the gentleman from New York [Mr. would not object, I would like to in- SPECIAL ORDERS SCHUMER]. quire of the chairman if he has any The SPEAKER pro tempore. Under Mr. SCHUMER. Mr. Chairman, I idea what time tomorrow this would be the Speaker’s announced policy of May thank the gentleman for yielding time brought up on the floor. 12, 1995, and under a previous order of to me. Mr. LIVINGSTON. Mr. Speaker, will the House, the Following Members are I support the amendment, Mr. Chair- the gentleman yield? recognized for 5 minutes each. man, for a simple reason. I think it is Mr. OBEY. I yield to the gentleman wrong for anyone in the United States, from Louisiana. f I think it is wrong for anyone in the Mr. LIVINGSTON. Mr. Speaker, I The SPEAKER pro tempore. Under a United States to knowingly deal with a would advise the gentleman that we ex- previous order of the House, the gen- country that sponsors terrorism. Why pect to bring this up sometime mid- tleman from Pennsylvania [Mr. should we allow countries that sponsor afternoon tomorrow. I would tell the FATTAH] is recognized for 5 minutes. such horrible acts as blowing up our gentleman that, had we received a [Mr. FATTAH addressed the House. barracks or blasting our airliners out more speedy process on the current bill His remarks will appear hereafter in of the sky to benefit from dealings that passed the House last week, that the Extensions of Remarks.] with U.S. citizens? this might not be necessary. But in f As I understand the measure, it es- view of the fact that we have not been The SPEAKER pro tempore. Under a sentially ties together in one place ex- able to go to conference, it does be- previous order of the House, the gen- isting prohibitions that depend on a se- come necessary. tleman from Connecticut [Mr. GEJDEN- ries of executive acts. I want to salute Mr. OBEY. Mr. Speaker, I withdraw SON] is recognized for 5 minutes. the gentleman for doing it. I think it is my reservation of objection. [Mr. GEJDENSON addressed the not controversial, and hope we can The SPEAKER pro tempore. Is there House. His remarks will appear here- move the amendment with alacrity. objection to the request of the gen- after in the Extensions of Remarks.] Mr. MCCOLLUM. Mr. Chairman, I re- tleman from Louisiana? serve the balance of my time. There was no objection. f The CHAIRMAN. Does any Member f The SPEAKER pro tempore. Under a seek time in opposition to the amend- previous order of the House, the gen- b ment? 1730 tleman from Indiana [Mr. BURTON] is If not, the question is on the amend- AUTHORIZING USE OF CAPITOL recognized for 5 minutes. ment offered by the gentleman from ROTUNDA FOR PRESENTATION [Mr. BURTON addressed the House. Florida [Mr. MCCOLLUM]. OF CONGRESSIONAL GOLD His remarks will appear hereafter in The amendment was agree to. MEDAL the Extensions of Remarks.] Mr. HYDE. Mr. Chairman, I move f that the Committee do now rise. Mr. MCCOLLUM. Mr. Speaker, I ask The motion was agreed to. unanimous consent to take from the The SPEAKER pro tempore. Under a Accordingly the Committee rose; and Speaker’s table the Senate concurrent previous order of the House, the gen- the Speaker pro tempore [Mr. DOO- resolution (S. Con. Res. 45) authorizing tleman from Arizona [Mr. SHADEGG] is LITTLE] having assumed the chair, Mr. the use of the Capitol rotunda on May recognized for 5 minutes. LINDER, Chairman of the Committee of 2, 1996, for the presentation of the Con- [Mr. SHADEGG addressed the House. the Whole House on the State of the gressional Gold Medal to Reverend and His remarks will appear hereafter in Union, reported that that Committee, Mrs. Billy Graham, and ask for its im- the Extensions of Remarks.] having had under consideration the bill mediate consideration in the House. f (H.R. 2703) to combat terrorism had The Clerk read the title of the Senate WOMEN IN THE HISTORY OF THE come to no resolution thereon. concurrent resolution. NATION f The SPEAKER pro tempore (Mr. DOOLITTLE). Is there objection to the The SPEAKER pro tempore. Under a PROVIDING FOR CONSIDERATION request of the gentleman from Florida? previous order of the House, the gentle- OF HOUSE JOINT RESOLUTION There was no objection. woman from Colorado [Mrs. SCHROE- 163, FURTHER CONTINUING AP- The Clerk read the Senate concur- DER] is recognized for 5 minutes. PROPRIATIONS, FISCAL YEAR rent resolution, as follows: Mrs. SCHROEDER. Mr. Speaker, I 1996 S. CON. RES. 45 thank the gentleman for giving me this Mr. LIVINGSTON. Mr. Speaker, I ask Resolved by the Senate (the House of Rep- time. I guess we are not finishing the unanimous consent that the Commit- resentatives concurring), That the rotunda of bill today. I must say I hope Members tee on Appropriations be discharged the United States Capitol is hereby author- think about the bill that we had under from further consideration of the joint ized to be used on May 2, 1996, at 2 o’clock debate when the committee rose, be- resolution (H.J. Res. 163) making fur- post meridian for the presentation of the cause at this moment we still have the ther continuing appropriations for the Congressional Gold Medal to Reverend and President in Egypt talking about ter- Mrs. Billy Graham. Physical preparations for fiscal year 1996, and for other purposes, the conduct of the ceremony shall be carried rorism, and what I think has happened when called up; and that it be in order out in accordance with such conditions as is we have gutted the terrorism provi- at any time to consider the joint reso- may be prescribed by the Architect of the sions in this bill. So while the Presi- lution in the House; that the joint res- Capitol. dent is away trying to say we will not H2194 CONGRESSIONAL RECORD — HOUSE March 13, 1996 allow terrorists to terrorize us into not I think that was a very courageous sat around and got their hair done and pursuing peace, we are here undoing thing to do. If this thing had not nails done, waiting for everything to be the terrorism bill, and I do not think worked, she would have been the first done so they could celebrate. that is a happy conclusion for anybody. one they would have gone after and she f I feel like we should ring him up and would have been the first one to lose The SPEAKER pro tempore. Under a say, hello, President, guess what we her head by order of George III. Now, previous order of the House, the gen- just did. for that she became the highest paid tleman from Indiana [Mr. MCINTOSH] is I do not think the President is going Federal employee in the history of recognized for 5 minutes. to be too happy about that. I think to- America and that was postmistress of [Mr. MCINTOSH addressed the House. morrow we are going to have an oppor- Baltimore. His remarks will appear hereafter in tunity to reinstate the terrorism provi- If you look at where we got freedom the Extension of Remarks.] sions, and I hope Members think about of religion, it is no secret that many of f that. This was a very strange day pro- our forefathers who came here really cedurally. were about freedom of religion. They CUTS IN APPROPRIATIONS FOR While I have the floor and while it is were about freedom to practice their EDUCATION still March, I would like to also con- way but they did not want anybody The SPEAKER pro tempore. Under a tinue talking a bit about Women’s His- practicing any other way, so they were previous order of the House, the gen- tory Week, because it has been a very very repressive once they got here to tleman from Missouri [Mr. VOLKMER] is interesting month in that every time I anyone who did not agree with them. recognized for 5 minutes. talk about it, it seems there are some It was Anne Hutchinson, her husband Mr. VOLKMER. Mr. Speaker, as we people who absolutely cannot stand the and her followers who were chased out have progressed in this House through fact that women have done anything in of Massachusetts, the Massachusetts the appropriation for the education the great history of this Nation. I have Bay Colony, through a trial that took program, especially for our title I pro- been talking about women in the his- them two or three times to finally try gram, we have found a continuation of tory of the military, the fact that and convict her because she was so pop- the philosophy on the majority side there were women in the revolutionary ular in the area. They tried her for her- that these funds for elementary and war. In fact, one of them is buried at esy, and she left and went down to secondary education can be cut with- West Point. About Mrs. Washington what we now know as Rhode Island. out causing any harm to the students going off there. Today let me talk It used to be called Rogues Island be- in the school systems throughout the about Mary Goddard. Let me talk cause they thought only a bunch of United States, that the majority of the about Dr. Walker, who was one of the rogues would live together and be for Republicans feel, under the leadership surgeons during the civil war. freedom of religion. It went from of NEWT GINGRICH that these funds can There are so many women in history Rogues Island to Rhode Island. It is be cut and no harm will be done. that contributed to this country and so wonderful and many women are very I would suggest, Mr. Speaker, that few of us know about it that that is proud that a woman founded the col- you and other Members of this House why we have this month, to try and re- ony, and it was the first colony that do as I have done, and that is to con- instate some of the history that we had freedom of religion in its charter. tact your local school districts and know about. There were many, many women who talk to them about what a 17- or 20-per- On July 4, we all celebrate the won- were forgotten. We all remember Abi- cent cut in title I funds for remedial derful independence day, the Declara- gail Adams, wife of John Adams, who reading and reading recovery or math, tion of Independence, how exciting it kept writing him during the time that remedial math, and those programs is, but the thing that very few people the Constitution was being drafted. will do to those local districts. really realize is that while these es- She kept saying, ‘‘Remember the la- I have done so and I would like to teemed forefathers wrote this, writing dies,’’ and he wrote back sarcastic read to you, without naming the names it was not a crime. Printing it was a things like many of our radio hosts fire of the school districts, some of the crime. Because obviously you didn’t off over the radio every day. He would comments that have come from those have radio, you did not have television. write back these sarcastic things, and schools. One says a 17-percent cut in Printing it was how you could distrib- of course they did not remember the la- funding will be a cut of $15,000 to $16,000 ute it. If you had to sit down and hand dies. They wrote the Constitution and real program dollars. They currently write every copy of the Declaration of left women out. have two full-time teachers, elemen- Independence, we would probably still But Abigail raised her son very prop- tary level, who teach remedial reading be waiting for the revolutionary war. erly, and many years later he was writ- and math. Since the calculation for So as a consequence, printing such a ing in his memoirs and letters how change this year, they actually get document was treason by virtue of an tragic it was that with each year that more money and will have a little car- act of the crown, and when they got passed, people knew less and less about ryover. They plan to use the carryover done with this, they went around try- the contributions many brave women to fund a reading recovery program. ing to find somebody who would print had made during the colonization of They do not have a summer school pro- this document. America and during the Revolutionary gram. Everyone, many, anyway, would see War period. We all know about Paul Another one currently has 35 or 36 it and say, well, thank you very much. Revere riding through Boston, but we full-time teachers, about 18 aides, who We wish you well with the revolution, do not know about Sarah Luddington serve 400 to 500 students. They deal but we are not really into treason this saving Connecticut, riding through with remedial reading and math during year. You know, that is kind of a high there. the regular school year and summer price to pay, and it will be my neck These things are all important. These school, which includes pre-kinder- that they will come after. things we celebrate. I must say I get garten level, to start a reading recov- After searching diligently to try and very, very tired of people trying to ery program for at-risk first graders find a way to get this printed so they minimize this. It is not that we are which is working out wonderfully. A could disseminate it to the 13 colonies, saying we did it all and men did noth- 20-percent cut, which is what is heard, they found a woman named Mary God- ing. We are saying both men and will be a great impact on their schools. dard who had a printing press, agreed women contributed to this great coun- Off the top of his head, the super- to print this, and in fact wrote her try. intendent said that they would do all name on the bottom because the reg- That is our model of standing shoul- they could to save the reading recov- ister of the press had been in the name der-to-shoulder, and this is a time ery, but cuts will be done to regular re- of one of the male members of the fam- where we should really go back and remedial programs. ily, and she wanted the king to know instate women in history rather than that she had done this because she had continuing to pretend like they did not b 1745 not transferred the seal over to her do anything, they came here on cruise Another one, currently one of every name yet. ships, they sat around and ate bonbons, two teachers with two aides full-time; March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2195 they deal with two remedial reading future of our country. To say we do not human health and safety and welfare? classes. Total program costs $75,000 to need to educate them, I think is a vast How did the GAO report? This GAO re- $80,000 to fund, no math program, no mistake. port is June 17, 1994. Let me read this reading recovery program. They have Another thing I would like to com- GAO report about the sites we are had astounding success with remedial ment on is some of these school dis- cleaning up. reading, do not want to lose this pro- tricts are in very economically low- Although one of the EPA’s key policy gram, program serves grades 1 through grade or poor areas, and they need this objectives is to address the worst sites 6. Majority emphasis is on 1, 2, and 3, money. They are not going to be able first. Relative risk plays little role in although it continues to grade 6, and to replace it with local tax dollars. the agency’s determination of prior- they have students in 4, 5, and 6 who So I urge the House to restore the ities. EPA headquarters leave the task still participate in the program. The funding for our educational programs. of setting priorities to the regions. Yet majority of students graduate after f the regions do not even rank the sites grade 3. Cuts in the program would by risk. So we find that we are not ENVIRONMENTAL CHANGES AND hurt this system. cleaning up the sites that pose, in fact, FUNDING OF THE EPA Another one currently has 31⁄2 teach- the most risk to our children, public ers in grades 1 through 6 teaching re- The SPEAKER pro tempore (Mr. health, and safety, and that the system medial reading and math, are antici- DOOLITTLE). Under a previous order of that President GORE is protecting is pating loss of 1 full-time teacher. Each the House, the gentleman from Florida really out of whack. teacher there serves 45 to 60 students. [Mr. MICA] is recognized for 5 minutes. Ladies and gentlemen, we have also If you lose one teacher, 60 students will Mr. MICA. Mr. Speaker, I wanted to heard comments that EPA is going to, not be served in remedial reading. address the House this evening and in fact, make polluters pay. We have to Feels that remedial reading is a good talk about the Vice President’s speech look at the record. The Vice President program, has had good results. today. The Vice President was on a says this great system, in fact, cur- Here is one from another school dis- mission to distort what the Repub- rently makes polluters pay and we do trict. They get a little over $200,000 in licans are actually doing in Congress not want to change that. In fact, look title I funding, have about 7 full-time relating to environmental changes and at these headlines, ‘‘EPA Lets Pollut- teachers plus two aides. Figures they funding the EPA. I think it is impor- ers Off the Hook.’’ In fact, under the would be cut about $40,000. This means tant that the Congress and the Amer- current system, you find that very few a loss of one teacher, probably one aide ican people know what is happening. of the dollars are collected by EPA. and one program. Currently have reme- Today Vice President GORE said we The Lincoln Star reported, June 21, dial reading and math in extended-day are putting our kids in danger. He said 1993, that internal EPA figures ob- kindergarten and a transition program that today more than 10 million Amer- tained by Associated Press showed the for first graders. Those who seem to be ican children under 10 currently under Agency has recovered only $843 million, struggling are placed in classroom with 12 currently living within 4 miles of a or less than one-fifth of the $4.3 billion, two teachers. Figures the program that toxic waste site are at risk. The Vice in cleanup costs that could be recov- would be cut would be the extended- President also said, yes, the era of big ered from polluters under the current day kindergarten. They currently serve Government is over. law. So they are not doing it now. And about 200 kids. Said they are not a My colleagues, unfortunately, I these are the kinds of changes we want high-impact district. think, the Vice President is talking to make here. And there are other local school dis- out of both sides of his mouth to us. I Finally, ladies and gentlemen, let me tricts closer by that are high-impact think we need to set the record tell you what this is about. This is and would have more adverse effects on straight, and let me share with you about command and control bureauc- those. some of the facts relating to what is racy here in Washington, DC. This is Here is another one. They are every going on with this great current about how many employees EPA has. dollar they receive from the title I to Superfund site. EPA has 5,924 of its nearly 17,850 em- directly benefit a child. Currently have First of all, the Superfund Program ployees in the entire agency. There are three full-time teachers who teach re- has been in existence for 15 years, and 6,000 here in Washington, DC. This is medial reading and math. Besides regu- only 75 sites out of several thousand about command and control and bu- lar program during the day, they have identified sites out of several thousand reaucracy, not about the environment. had an evening program which provides identified sites have been cleaned up, f tutoring. The three teachers serve an average of 5 sites per year. The av- about 500 students, 25 percent of school erage cost of a cleanup of a site is $30.7 REMOVAL OF NAME OF MEMBER population. Cuts in the program funds million. The total cost to date in the AS COSPONSOR OF H.R. 1972 would directly cut one or more of the Superfund Program to the Government Mr. BARCIA. Mr. Speaker, I lent my teachers. Could not absorb the cuts, and private sectors is about $25 billion. name to the Independent Contractors and they thank our staff for calling. The Superfund costs the Government Simplification act without fully com- They say they are quite concerned with and private sector $4 billion annually prehending the implications of this it. for nonfederally owned sites. bill. I ask unanimous consent to have I have many others here that have However, only 53 percent of the total my name removed as a cosponsor of answered our questionnaire, and all of Superfund dollars are spent on cleaning H.R. 1972. them are to the gist that with a couple up the sites. The rest of the money, The SPEAKER pro tempore. Is there of exceptions where the school districts and this is the Paul Harvey part of the objection to the request of the gen- are fairly well funded, that they would story, the rest of the money, $1.3 bil- tleman from Michigan? not be able to replace these programs lion annually, is spent on attorneys There was no objection. with local funds, that they would have and studies. f to do without, and many children So we are, under this current system would be hurt by these cuts that are of Superfund that the Vice President is DEVASTATING EDUCATION CUTS being made in education for the title I so concerned about protecting, the The SPEAKER pro tempore. Under programs. money does not go to clean up these the Speaker’s announced policy of May Every one of them said that these sites. The money goes back for attor- 12, 1995, the gentlewoman from Con- moneys, our Federal dollars, are being neys’ fees and studies, and you see out necticut [Ms. DELAURO] is recognized used wisely to help educate, they are of all of the sites identified, several for 60 minutes as the designee of the being used to make sure our children thousand, only a handful have, in fact, minority leader. learn as they progress through the ele- been cleaned up. Ms. DELAURO. Mr. Speaker, tomor- mentary grades. And I think it is What about those children the Vice row we are likely to take up another poundwise, very foolish for their House President spoke about today when he temporary spending bill to keep the to continue on the road to cutting edu- addressed group here in Washington? Government open. Unfortunately, that cation for our youngsters. They are the Are we taking care of the risk to bill will very likely contain the same H2196 CONGRESSIONAL RECORD — HOUSE March 13, 1996 devastating education cuts that were The funding of these kinds of efforts We are going to pull away that fund- put in place by the current continuing is unknown, and therefore we do not ing for school to work. resolution. know whether these programs will be The new temporary measure that These cuts in education are causing a able to continue, in addition to which funds education, which is known as a crisis, truly a crisis in American edu- one of the things we talk about in pri- continuing resolution, is expected to cation. I know in my school district vate education and private schools is continue to cut basic skills training, and school districts all over this coun- that classroom sizes are very small so reading, and mathematics, by 17 per- try, what they are trying to do at the you have individual attention. Well, in cent; funding to keep our schools safe moment is struggle and grapple with a our public school system, the classes and free of drugs is expected to be cut plan for the upcoming school year. are larger, and therefore we deal with once again by 25 percent. How much money will they have aides who work with the teacher, who Talk to any of the DARE officers, available in order to carry out what can get around to all the kids in the any of our law enforcement community their mission is, that is, to educate our class. So that we are not only depend- who work in the program, in a DARE children in this Nation? They have no ent on private education in this coun- program, they tell you that this pro- idea today how much money they are try which, but in fact that we have a gram is working, let us give it a going to have to carry out education good strong public education system. chance. Let us work the bugs out. Let functions. us start with our youngsters in the ele- b 1800 The budget plan will have a tremen- mentary grades and follow them along dous, a tremendous impact on the lives Mr. Speaker, my kids went to public to see if this training has made a dif- of schoolchildren all over the country, school. I believe in the public school ference in what happens with drugs in and, in fact, they are going to have a system. Now, with a cutback, we will our school and with our young people tremendous impact on what happens see those aides removed. So in public today. Let us give this program a for our future and the future of these education, where you have an expanded chance. People who are working in it young people. and larger classroom, these children believe that it is working. My Republican colleagues offer no re- are not going to get the kind of atten- I also might add that our colleagues lief to these school districts. What we tion that they need in order that they in the Senate, which I think is inter- are likely to do tomorrow is extend the might learn and learn quickly and have esting to note, our colleagues in the uncertainty for yet another week. opportunities available to them. Senate yesterday voted overwhelm- Let me pause a moment here to say Worst of all, my Republican col- ingly, I think the vote was 84 to 16, to that I often hear my colleagues on the leagues in the House are promising to restore some of this funding in edu- other side of the aisle for the past year continue the deep cuts in education and 3 months talk about what they felt cation for Head Start, for skills train- that they have made so far this year, ing, for school to work, for reading and their mandate was in 1994. That is, at a time when we know in this Nation they were going to come here, revolu- mathematics readiness. that Americans are rightly anxious Yet, in today’s Washington Times, tionize the Congress, make it run like about their job security and at a time a business, a laudable goal. But what the majority leader of the House of we all know that a good education is Representatives, the gentleman from business do you know of that is open the key to a good job, congressional for 2 weeks, that closes for 2 weeks, Texas [Mr. ARMEY], commented, and Republicans are launching an assault that says to its vendors or the people this was only restoration of money for on American education. who supply it with services, that education because there is a recogni- Poll after poll shows that the Amer- maybe we will pay you, maybe we will tion of how important education is in ican public overwhelmingly supports not pay you, or maybe we will pay our lives, what kind of opportunity it education and schools. As public serv- some and not others? provides to people in this country, Mr. What business do you know that says ants, it is our duty to ensure that our ARMEY said: ‘‘Well, isn’t that typical of we are only going to extend our serv- schools are able to provide quality aca- the Senate? All they want to do is ices a week at a time? I do not know demic foundations for our kids to be spend money.’’ any business that does that that could able to meet the challenges of the 21st Mr. Speaker, it was 84-to-16, a bipar- stay in business. century. tisan vote on a Democratic amend- So that this way of managing is truly Despite this obligation, and that is ment, I might add, but a bipartisan incompetent, total mismanagement. one of the reasons we are sent here, vote to restore some of the funding to And what is at stake here in the edu- congressional Republicans are making education. cation area is the future and the lives tough times even tougher for kids try- Before we can expect our kids to do of our young people and their ability to ing to get a good education and for all of the great things we wish for be able to compete in an international their parents who want to see their them, we indeed have to provide them world, their ability to have an edu- kids get ahead. They are making the with the essentials, training and basic cation, that they ultimately can work largest cuts in the history of Federal skills, a safe place for them to learn. and work and get a living wage. aid to education. It is in these areas where my Repub- School districts, let me repeat, all In addition, money is being cut for a lican colleagues have made crippling over the country, are in the dark about school-to-work program. We have cuts. Congress will soon face a choice: the type of Federal assistance that young people in this country who go to Will we allow my Republican col- they will be able to count on in order high school and then go to work. The leagues to extend these cuts, or will to continue what they are doing. majority of our young people do that. they restore the funds that they have I went to a school in my district It is a small percentage that go on to taken from America’s classrooms and where I met with parents. I went to a a 4-year liberal arts college. It may be America’s children? I can tell you in kindergarten class, several of them, that that is okay. We may have enough my State of Connecticut these cuts and I watched these little bits of kids history majors and enough English ma- spell disaster. We cannot continue to at their computers with their ear- jors to take care of ourselves forever. do this; $8.6 million will be taken from phones on and reading, identifying the But the aspirations and the values of the State of Connecticut for basic alphabet, and looking at the letter C these young people who want to go skills training; 9,200 needy students and saying yes, this is a cake, looking from school to work, those aspirations will go without. Schools in my district at the letter D and say this is a duck, are being crushed. will lose $1.5 million. Under the safe- this is a deer, and doing this with the We began the school-to-work pro- and-drug-free program, $729,000 will be computer, listening to stories with gram and it works. Talk to the busi- cut for the State of Connecticut. comprehension and then writing down ness community, talk to the academic Mr. Speaker, what makes these cuts what they hear there. community, talk to the youngsters in- so wrong-headed is that our Nation These are the kinds of initiatives volved, they need to bridge that time now stands at this crossroads. We can that are in jeopardy because of the ir- between high school and the job mar- either choose to give our people the responsibility of this congressional ma- ket in order to go in and to be good, skills they need to compete and win in jority. solid, professional workers. a global marketplace, or we can allow March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2197 our citizens to fall further and further ticipated in it. Right now it is at three. possibly jail or prison, but at the least, behind as they compete with low-skill If these cuts go into effect, it will prob- a child has an increased frustration workers around the world for the low- ably be only two. Whether you are level, a child is not succeeding. est paying jobs in the world. talking about Chesapeake Elementary The one common element to every Getting a good education has always School in Kanawka County, Rock program I visited was self-esteem. The been a tremendous part of the Amer- Branch Elementary School in Putnam children were doing better because ican dream. It is what has enabled our County, or Ransom Elementary School they felt better. There is nothing worse people to succeed. Public education has in Jefferson County, every one of them than a child, a young child who is hav- been the great equalizer in this Nation. came out and parents took time off ing trouble reading and no one is It is said to all children, let us empha- from work to come educate me about reaching out to them, or having trou- size your God-given talents. Let those what title I meant. ble with a certain subject and no one is talents take you to the highest pin- If you listened to Melissa’s mother at reaching out to them. This helps them nacles that you can reach. Rock Branch grade school begin crying to develop those skills and move on. These cuts will dash that dream for as she pointed out how Melissa had So, as I say, I consider the cuts that too many of our kids and for too many been earning F’s before the title I have been passed by this House, 17 per- of the working families in this Nation. teacher intervened, Melissa is now cent in title I alone, shortsighted. My As Congress considers a new spending earning B’s and has a positive outlook concern is that the boards of education message for the rest of the year, I urge on life. across the country are having to imple- my colleagues to remember the chil- If you listened to Mrs. Clark yester- ment those even before they are finally dren in the classrooms all over Amer- day in Ransom Elementary School talk passed, because they have to make ica and the parents who have a bright about how much her children had bene- some assumptions, and that the title I hope for their kids’ future. We need to fited from it and how concerned she program is already suffering some im- restore the Federal funds that enable was that this program would be cut pact, adverse impact, by actions, even our children to make those dreams a back, or Patty Lavendar at Chesapeake though there has not been finality or reality. Elementary School, who really saved closure yet on what the budget situa- I am delighted to be here this after- the program when the Kanawha County tion is. noon with several of my colleagues to Board of Education was having to look My advice to every Member of the talk about this issue of education, its at where they would cut, that one was House is go visit a title I program. importance in this country, and what on the block. They were able to save Ms. DELAURO. You just encapsulized the importance of these cuts are and the program because of the outpouring it. I think it is so critical. When I told what a devastating effect they will from the parents, the parental involve- you I went, there were 20 youngsters have on our kids future. ment. That is one of the things that around the table. They had their sheets I yield to my colleague from West title I focuses on, is parental involve- of paper and they were counting. You Virginia. ment, not just teacher involvement. had the teacher, and what they had to Mr. WISE. Mr. Speaker, I thank the So title I is a vital, vital program. It do was count each of the lines, whether gentlewoman for taking this time. has always had strong bipartisan sup- it was 7 or 6 or 8 in a row, and then The title I program which you have port. The interesting thing is we are they put their number in. The teacher talked about some, I decided it was now having to look to the Senate, took one-half, the aide had the other, time to put some faces in front of the which did restore basically the funding and individually going to each child. statistics. You just look at programs for title I yesterday, and hope that And when they saw the answer, if the as title I, what is wrong with cutting it same spirit follows through over here. answer was correct, they put a C on it, 17 percent? I have been visiting title I This is a program that has blos- and if it was not, they would go back programs across the State of West Vir- somed. At one time it used to be a and count with the youngster so that ginia. teacher pulling a few kids out of class they would get it right and understand Of course, there is a problem too that and working on math and reading, and where they had made the error. you pointed out. All of our States have in some cases that is still the appro- What we talk about in this body all to prepare their budgets for the next priate educational forum. But it is also the time, there are folks here who want school year now in the spring. In the a case where the title I teacher and to provide vouchers to families to be State of West Virginia, on April 1 they aides are actually working in the class- able to go to private schools where have to post the list of transfers and room. They are working with the en- they get individual attention and they layoffs by State law on April 1. So the tire class in some situations, assisting have all of the resources that are there. fact that this Congress has not gotten that classroom teacher, as well as pro- For God’s sakes, we have got a re- around to getting them a 1996 budget, viding additional skills. source. We have public education. We even though the Congress is working It is true that title I is a program have a program that is providing this on a 1997 budget at this point, doubly that the formula is based upon free and kind of individualized attention to compounds the problem. They are pres- reduced lunches in schools. But yet these children. What we want to do is ently operating under the assumption students benefit far beyond just those end it. It is to have half of that class- there will be a 17-percent cut. receiving free and reduced lunches. room or a fourth of that class there not What that means to the State of In closing, my visits to title I pro- have individual attention, and someone West Virginia is on April 1 they will grams have caused me to think anew there who can help them with their have to announce the layoffs of 226 what it is we are asking from Govern- self-esteem if they get it right, show title I teachers and 90 aides. Of the ment. The fact of the matter is that for them where they may have had an roughly 38,000 students that take ad- many parents, they do not have the re- error, and let them move on and allow vantage of the title I program across sources of a Steve Forbes. They are not them to learn and progress. And it is the State, title I being assistance in able to go out and hire resource rooms mindless what is being done here with math and reading, but it has actually and teachers. They, by the same token, regard to education. expanded far beyond that to be a total most parents do not have the resources I would like to yield time to my col- classroom approach in many of our to have a library of 1,000 or 2,000 vol- league from New York, MAJOR OWENS. schools, in addition to the 226 teachers umes and CD–ROM disks and the com- No one has spent more time on this and the 90 aides, 6,500 out of 38,000 stu- puters that go with it. What we do as a issue of education than the gentleman dents will not be able to get title I people is pool our resources in some- has. We are grateful to you for your services. thing called education, and we pool it commitment and vision. Some would suggest maybe this per- in title I. Mr. OWENS. Mr. Speaker, I want to haps needs to be cut. I would point out One mother pointed out to me the thank my colleague from Connecticut it has been cut and restricted signifi- other day her real concern that if title for the special order. We cannot come cantly in past years. In one school dis- I was not there, what would be the out- to this floor too often. We cannot say trict I was in yesterday, a few years look for her children in years to come? too much about education at this criti- ago there were seven schools that par- She says the very worst case would be cal hour. H2198 CONGRESSIONAL RECORD — HOUSE March 13, 1996 b 1815 ment that is made from the very ori- quirements of education, and some of It is a critical hour, and I would like gins of the Nation. It is made not so the myriad of problems faced by our to use it to make one last appeal to our much by the Federal Government, but schools means they need more money. colleagues on the other side of the certainly by the various State govern- Where can the money come from? It aisle. The majority, the Republican ments, and as the society has gotten to should come from the Federal Govern- majority, has the power, and they can be more complex, that part of our Con- ment. Certainly research and develop- use that power to strengthen education stitution which talks about promoting ment, certainly support for populations and do a great deal for this Nation. the general welfare is a joke if you do that need extraordinary attention; They can use that power to wreck what not focus your attention on improving that is the whole philosophy behind has been accomplished to date in this education. Title I and the Elementary and Second- country in terms of building some mea- No modern society can prosper and ary Education Act. We need more help ger Federal support for the great edu- grow without paying a great deal of at- from the Federal Government. All taxes originate locally. Tip cational apparatus that we have spread tention to education, and all of our O’Neill used to say all politics is local. out across the country. competing industrialized nations, they The Federal Government only has a all clearly understand this. It might be All taxes originate locally. The taxes small role, you know, of all the money that we may never want to go as far as that run the Federal Government come spent for education. It is about 7 per- Japan or Germany in terms of cen- out of the pockets of people who live in cent to 8 percent, and a large part of tralizing the direction of education cities and towns and school districts, and some portion of their taxes they that goes into higher education. through a Federal department; that is So we only have a small role to begin not necessary. But we are a long ways should be able to get back in order to with, but that role is critical. We are from that when you only have a 7-per- deal with the crisis in education. We like the gyroscope on an airplane. That cent investment at the Federal Govern- ought to be able to get back more than role is critical in terms of giving guid- ment level, a long ways from any cen- 7 percent. To cut it off completely, however, and to wage a guerrilla war- ance and direction and inspiration and tralization that is going to destroy fare on the commitment that has been encouragement to the rest of the coun- local initiative. made, and chip away at it, as we are try. Local control is there now. Local When you do not have that support control will be there for a long time to presently, is a reckless and savage act. Jonathan Cozel uses the term ‘‘sav- coming from the Federal Government, go. If you increased education, the Fed- age inequalities’’ when he is describing all kinds of things begin to happen at eral share of education expenditures, the differences between the best in the local level. The commitment is by 25 percent, and we have a com- America and the schools that are usu- lessened at the State level, the comparable amount of control, then you ally serving our poor and minority pop- mitment is less than at the local level. might have 25-percent Federal control, ulations. But what we have here is a We have had a retreat which has fol- using that word, and 75-percent State savage attack on the whole public lowed the drumbeat of the Republican and local control. Well, with 75-percent school system, a savage attack that majority here in Washington, a retreat State and local control, it is still basi- will destroy the effort that has been across the country, in terms of Gov- cally a State and local control oper- made over the years, and we were mak- ernors and legislatures and local may- ation. We have no danger of that hap- ing some progress, even through Re- ors, in terms of commitment, their pening with our 7-percent commit- publican administrations, the steady commitment to education. ment. movement from President Reagan’s What the Republicans have done, the We have to understand, however, recognition of the fact that something majority of Republicans have launched that we cannot go forward and promote had to be done when he commissioned a savage guerrilla warfare against edu- the general welfare, we cannot go for- the report that led to, commissioned a cation. I am baffled. I do not under- ward and produce the kind of popu- group that produced support called a stand why the attack has been lation, which is the greatest resource Nation at Risk. Following that, George launched against the children of Amer- that any civilized nation can have Bush and his efforts with America 2000, ica, starting with the School Lunch right now, is an educated population. and all of it has just been one seamless Program, which baffled me greatly in Our military might will do us no good effort, not such a disjointed partisan terms of the amount of money. They if we do not have an educated popu- effort. squeezed some savings out, but the lation to win the economic competi- And suddenly, after President Clin- amount of money they saved is rel- tion. Our military might will not do us ton follows through on George Bush’s atively small. any good if we do not have an educated goals, and we are moving in the same Yes, we want to eliminate inefficien- population, and we cannot maintain direction that the Governors and a cies; yes, we always want to eliminate basic law and order, and we cannot whole lot of very intelligent and power- waste. And that is a constant process. have a society which is a viable soci- ful people have decided we should We must constantly strive to eliminate ety. move, suddenly the Republican major- inefficiencies, to eliminate waste. We You know the kind of recklessness ity in this House decides they want to must constantly strive to get rid of in- that we see first with the missiles wreck it all, they want to destroy it competence and to replace it with com- aimed at the Department of Education all. They are barbarians, and this is a petence and the best possible manage- and then the guerrilla warfare con- barbaric act. ment. But more than that is being at- ducted against school lunches, and Mr. MILLER of California. I thank tempted here, and money seems not even the summer youth employment the gentleman from New York, and I really to be the problem. We are not program is not a part of the school sys- thank the gentlewoman from Connecti- really talking about saving money. tem, is not a part of the Department of cut, for taking this time. There seems to be a concerted effort to Education; it is a basic part of the ori- I think the gentleman from New wreck, to recklessly destroy, the edu- entation of children as a basic part of York [Mr. OWENS] makes an important cation improvement effort in America. a message that the Federal Govern- point. It would be one thing if what we They call for the elimination of the ment sends to children that it cares. were considering was a well-thought- Department of Education as key, and And that, too, is under attack. Small out proposal about the reform of one of anyone observing the situation and un- amounts of money within the context these programs, if we were trying to derstanding what is going on here, it is of the overall Federal budget, but they better target the money, if we were not about saving money only. It is have chosen to go after it anyhow. trying to put it into a reducing the about destroying the public education They have chosen to deal with the one class size where we have students who effort in America. Someone has made a area where there is some possible relief are educationally handicapped or eco- determination that they can take care for local and State governments. nomically disadvantaged, some of the of a small elite group of children, stu- Local and State governments are intensive title I. It would be different if dents that they want to take care of, under a lot of pressure, the expenses we were asking people to refocus on a but they do not want the burden of for education expenditures are increas- path that we thought would bring these educating all Americans, a commit- ing to deal with some of the modern re- young people a better education. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2199 But this is simply the crass with- our schools. And I just want to say know has $2 billion, it is just wander- drawal of resources, and the gentleman this. You know, if people had been vis- ing around there. Think of what that from New York is so right. We have in iting their schools and visiting with could do for the education budget. One the private sector, in the nonprofit sec- the parents, and we had the President and one-tenths billion dollars of those tor, and in the public sector under the in for Nut Day in the Mount Diablo $2 billion could go to end the cuts. leadership of Presidents of both par- School District in my district, and a That is the exact amount of the cuts, ties, we have tried to continue to de- number of parents showed up with the $1.1 billion proposed for title I. velop the means by which we can im- their children in tow, excited about the You could take another $300 million prove the Nation’s schools for all of our expanded educational opportunities for Head Start. Those are the Head students, for those going to college and that being on the Internet would mean Start cuts proposed. You could take for those who are going to work and for their children. $600 million for the summer youth em- maybe to continuing education in con- People again, because of the econ- ployment program. It is $2 billion. nection with their employment. omy, because of this problem of sliding That adds up to quite a bit for edu- But this is the first time where we wages and living standards, are cation funding. just see the radical withdrawal of re- revaluing, revaluing education, and People of America should not rally to sources and say that is it, you take they know that they need more out of fill up the gaps when our Federal Gov- care of it, but with less resources. it, that their children need more out of ernment really has the resources, and You know, in the district that I rep- it, and at the exact same time of the resources are still going in the resent in the San Francisco Bay area of course the Republicans have been out wrong directions. They are being wast- California the school districts that are of step with the public on most of their ed, and not being directed at the prior- going to lose this money, the West agenda, but at the exact same time ity of the moment. The priority of the Contra Costa School District, is going where America is revaluing education moment is an educated population in to lose $837,000. It has no ability to go and the teachers of education, the Re- America. We need more money in edu- out and to replace that money. publicans walk in with the wrecking cation from the Federal Government. Ms. DELAURO. Mr. Speaker, I yield So, as I think the gentlewoman from ball and just knock it all down and re- to the gentlewoman from California Connecticut pointed out, this program mind you. This is a lesser of the cuts. [Ms. PELOSI] to join the conversation. is simply going to be withdrawn whole- The House Republicans, these cuts sale from schools as they start to re- Ms. PELOSI. Mr. Speaker, let me would have been much deeper. They thank the gentlewoman from Connecti- trench. That does not mean that chil- were looking for deeper cuts than this. dren in that school are not deserving or cut for her leadership in this body, and And I think the gentleman from New particularly this evening, for calling needing of the additional resources York just makes an excellent point, that title I brings to that school, but this special order on education. that this is not a strategy to improve I would like to follow up on what has they simply will be cut out of that be- or reform our schools. This is just the been said earlier by my colleagues. As cause you are retrenching and trying wholesale withdrawal of resources, and a member of the Permanent Select to serve these. The same is true of the we should reject it, if we get a second Committee on Intelligence, and also as Mount Diablo School District. They chance in the House. Hopefully maybe a member of the Subcommittee on have no ability to make up $324,000 of the Senate provision will hold, and we Labor, Health and Human Services, this, or—I see the gentlewoman from will stop this just arbitrary playing of and Education of the Committee on San Francisco here—$2 million. Here is politics with the future of our Nation’s Appropriations, I saw firsthand the a school district that just took an ini- children. budgeting for the intelligence budget, tiative on its own to try and reduce I thank the gentlewoman for yielding and I agree with the gentleman from class size in the first 3 years of school and the gentleman from New York. New York [Mr. OWENS] on his observa- because of the returns that they be- Ms. DELAURO. I just want to add one tion about our spending priorities; and lieve they will get with these children, point. Your notion about when you are then also on the front line in our sub- and now they are going to withdraw $2 retrenching is that you pull out that committee, when we saw the $1 billion million from the school district. money. If the school districts decide being slashed from title I, with the This is not just about title I stu- that it is important enough to do and blink of an eye. dents, or title I classrooms, or title I they want to do it, where are they When we said to our Republican col- schools. It is the entire drawdown on going to go for the funding? They are leagues, ‘‘But what will happen to the education resources that this kind of going to a property tax, and they are 1 million children who will not be able arbitrary and capricious decision—be- going to look at increased revenues, to have access to Title I services,’’ they cause this decision is simply a number and most of that comes with increased said ‘‘We have to cut somewhere.’’ As picked out of a hat. It is not related to taxes for people in your district and our colleague, the gentleman from education reform, it is not related to my district and districts everywhere. California, said—— educational preference. The gentleman And then the other piece is that they Ms. DELAURO. In reading and math- from New York is exactly right. This is cannot do that, they do not want to ematics. a dramatic and historic reversal of risk raising the taxes; so, as you said, Ms. PELOSI. It would be one thing if what has been a bipartisan trend to try it is gone, and the ripple effect of that they brought in a critique or criticism and to improve and to upgrade the edu- going is just enormous, and you cannot of title I, and they said, ‘‘This is where cation and resources of this Nation so even calculate it. we think the same number of children that the children can be gainfully em- Mr. OWENS. Why should they raise or even more children could be served ployed, so they can go on to higher property taxes and other taxes when with the same money or less money by education, so they can take their place the Federal Government has a tremen- addressing some reforms,’’ but they in the American economy. dous amount of waste that ought to be could not criticize title I. Title I is ef- And all of a sudden what we see is the transferred into education? Just to fective. It does the job. The money will wrecking crew comes in, and the give one example. Most Americans are mean that 1 million children will not wrecking crew says we are going to cut not aware of the fact that auditors at be served. your resources by 17 percent. They do the CIA found $2 billion. Hear me care- In California, and I would like to put not ask you whether or not this is fully; I use the word B—billion—$2 bil- some observations on the record, in going to interrupt their reforms, they lion was found in the petty cash funds California, that will mean over do not ask you whether or not this that they had lost track of. $123,000,000 out of our one State, over means our children are going to go Ms. DELAURO. At the CIA. 100,000 children will no longer have this without research. They just picked this Mr. OWENS. At the CIA. special assistance for reading and number out of a hat. math. That is why I rise also and join b Now fortunately, as you both men- 1830 you to express my great concern about tioned, the Senate maybe sees it an- Two billion dollars. There is an agen- the future of our Nation’s education other way and maybe wants to con- cy that the President does not know programs at the hands of the Repub- tinue the notion of the reforming of has $2 billion, the director does not lican majority in the House. H2200 CONGRESSIONAL RECORD — HOUSE March 13, 1996 So drastic was this cut that even the the gentleman from California [Mr. a wonderful life in this country, or it Republicans in the Senate abandoned MILLER] said earlier, these programs can be the end of that. It is a question it. So drastic was it that they agreed to were developed under a Republican of whether that is the beginning of add back billions of dollars for edu- President, President Bush, with bipar- your productivity, that is the begin- cation, because they knew that they tisan cooperation of Republican and ning of your being able to provide for were slashing right at the heart of Democratic Governors across the coun- yourself and have economic self-suffi- America. try, passed in a bipartisan fashion in ciency, or if you choose to start a fam- Following up on something the gen- the House, signed by a Republican ily. That is what that education is tleman from New York [Mr. OWENS], President, and yet zeroed out in the about. said earlier about our entire budget, we labor, health, and human services, and Somehow the people who cheapen hear a great deal of talk around here education bill. that education are now the Repub- about how we have to reduce the defi- I almost think we should strike edu- licans, because they slash it again cit, and therefore we have to cut the cation from the name of the commit- without blueprint, without detail. budget to do that, cut spending to do tee, because we have taken such a blow They simply pick a number and say it. But the very idea of cutting edu- at the education funding. I have more ‘‘This is the number we are going to cation, and that is going to increase facts and figures, but I know my col- give the President to spend, because we our deficit, unless we invest in our leagues need time. I do not know how are angry at him because we got children, enrich their lives, make them much time can be allocated. Perhaps I caught shutting down the govern- productive members of society, in- can resume later. ment,’’ or something. The whole thing crease our competitiveness inter- Mr. MILLER of California. Mr. is just a tantrum and a fit of anger nationally, we are going down a path of Speaker, on the point of the Goals 2000, that really is an insult to parents of increasing the deficit and increasing which unfortunately has become a po- this Nation who are struggling to edu- the national debt, because we are not litical football, it has become a politi- cate their children. I want to thank the investing in our greatest resource, our cal football in Washington, DC, but not gentlewoman again for taking this children. in the States. In the States where it time. Our Federal commitment to edu- was originally designed by the Gov- Ms. DELAURO. I want to thank my cation is truly a measure of our sincer- ernors and brought to the Congress colleague. I would like to mention a ity about economic recovery, social with recommendations made, it is couple of things. One is that there is progress, and our children’s future, being embraced now as, again, parents all this talk about how we cannot again. In the House omnibus appropria- hunger to know that their children are spend this money and we have to cut, tions bill, as has been mentioned, $3.3 going to have to meet world class and it is the Democrats who want to billion is cut from the Department of standards; that this education is the spend all of this money. But what they Education, $3.3 billion, or 13 percent; as very best education; that we should not do not want to tell us about is where has been mentioned, a 17-percent cut in accept the dumbing down of education, they do want to spend money, and that compensatory education, title I. we should not accept a second-class is on the tax breaks for the wealthiest Ironically, just this week, March 15, education; that our children not only Americans. the Ides of March and the last day for deserve the very best education, but in They will deal with repealing the al- this CR is also the day that California fact the world’s economy requires that ternate minimum tax, and expatriots school districts are required to notify they be given that. getting a break for renouncing their teachers whether or not they will have Now we just see that swept aside in a citizenship and being able to not pay jobs in the fall. Unless funding for title fit of ideology, in just an absolute fit of any taxes. They do not have any prob- I is restored, thousands of California some kind of extreme ideology that lem at that end. But with kids and teachers and teachers’ aides will lose says that the Governors should not their future, they say, ‘‘We have to cut their jobs. Tell me how that is going to have a right to apply for this money, to back, we have to tighten our belts.’’ help the children of California. upgrade the quality and the class. The AmeriCorps Program, let me just In the House bill also, funding for These standards that are being devel- say this, this is a program that says to safe and drug-free schools, an issue oped are being developed with private young people, ‘‘We will help you with that I know that the gentleman from sector associations. The American your college education if and only if California [Mr. MILLER] has worked Electronics Association wants to be you give back something to your com- very hard on, will be cut by $12 million able to develop standards and have munity, you exercise some responsibil- or 25 percent. The safe-and-drug-free- them incorporated so a young student ity for getting this assistance. We want schools program is vital, especially to can take that and go anywhere in the you to participate in the life of your urban school districts like the one I United States and work, and the em- community.’’ represent in San Francisco. ployer will know that that certificate, We are trying to teach our young The drastic cuts proposed by this that diploma, means that that person kids values and responsibility. We are funding would place in jeopardy the is qualified to do that job and to enter caught up today with saying young most vulnerable students. Basic needs that industry, and to participate in people do not have any responsibility, that help young people survive cannot that. the ‘‘me generation,’’ the x generation; be addressed. At-risk children need the What do we have today? We have in that they just want to take something assistance that these programs offer. many instances diplomas that do not and not do anything. This is a program Funding for bilingual education in mean anything. That is what Goals 2000 that goes after that very fundamental California would be cut by $18 million, is about, it was about upgrading that. value that we have tried to instill in or 32 percent, one-third of the funding It is swept aside in this provision. It is people of responsibility and taking on for bilingual education. We talk about just crazy that this kind of extreme something, and it is working. wanting everyone to speak English and ideology would drive these kinds of Again, it is working all over this making English the official language, education decisions, because it is not country. Young people are involved in and yet we are cutting funding for bi- even a matter of debate. It is just a the lives of their communities and are lingual education. Anyone who sup- matter of pulling these numbers out of given some help to be able to further ports any initiatives for English-only the hat. As the gentlewoman said, in their college education. Now we are has to be a staunch supporter for bilin- her committee, unfortunately, the atti- saying ‘‘Forget it. No. It is over.’’ We gual education. That funding should tude was ‘‘Well, we have to cut some- have about 800 kids in Connecticut who follow. I, myself, do not subscribe to where.’’ are going to be just cut off of that pro- that theory of English as the official All things are not equal. Whether or gram, not only the work they are doing language, but ironically, those who do not a child gets a first-class education, in the community, but their ability to are just the ones who want to cut the as the gentlewoman so correctly point- be able to go to school. funding for bilingual education. ed out, the gentlewoman from San Mr. OWENS. Mr. Speaker, in less No funds for Goals 2000, the bill the Francisco, that is the beginning and than 2 years the barbarian Republican President requested, $750 million. As the end. That is either the beginning of majority has destroyed all of that. A March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2201 piece of civilization that has been bill, and then we will have money for said, here is the impact of the cuts. wrecked by the pressure that has been education, if you pass a balanced budg- This woman, who is helping these put on them, budget-wise. We have et bill in 7 years, a reconciliation bill.’’ young people with business subjects large numbers of people being forced to We can never let that stand, that and is here as a student assistant, she sort of retire early and drop out. Expe- children are contingent upon some rec- is gone if we lose this. In their budget, rienced administrators and experienced onciliation bill. Children are a first pri- they had some upgrades for the com- teachers are going. You have large ority. This is not something we do puters. They thought maybe they were numbers of people who are planning to when we see how much money we have going to get hooked up to the net. That get out, and are just marking time in left over from tax breaks and an in- is not going to happen now. the system. You have reductions in any creased defense budget that the Penta- Those children are losing those kinds investment in equipment and plant gon did not even ask for. This is what of resources and that kind of access. buildings. we do first, take care of our children, These are among some of the most dis- They have, in less than 2 years, done educate them; that is, if we have, I advantaged children in our society, and an amazing job. I tremble when I watch think, our priorities in order. we have decided that we would rather what the blitzkrieg against education Our budget must be a statement of cut them than ask if the wealthy could has accomplished so far. The American our national values. It must reflect just wait until there is a balanced people had better take note of what what is important to us, and that is budget, just wait until there is a divi- you can do with the appropriations what we would put our resources to. It dend, and let us see if that is what the process, how you send a message out certainly is not, in the case of the country wants to do. there. As well as take away the dollars, budget we have before us. But here we are whacking up the edu- you send a message to every level of b 1845 cation budget on an arbitrary manner, government that public education is and the job opportunity budget, the expendable, public education is no Of course, that goes on to higher edu- AmeriCorps budget that is trying to longer a part of the grand design of a cation, as well. Eliminates 13 percent send a message to young people in this great America. They have accom- for student financial assistance, less country that they care, that they mat- plished that in less than 2 years, the than 1995, eliminates the Perkins Loan ter, that they are a resource, that they Republican barbarians. Program, and the direct loan program can make a difference in our commu- Ms. PELOSI. If the gentlewoman will is capped at 40 percent, and further re- nities. continue to yield, and when we think ductions, which will again pose an ob- The brilliance of AmeriCorps, like that this is done in the context of a stacle for people without means or Vista that was before it, is not what $250 billion tax break to the wealthiest middle-income people in our country to that individual does, but they become a people in our country, $250 billion, and receive the benefits of higher edu- catalyst for other resources in the we are here talking about $3 billion or cation. community. They attract somewhere $4 billion. Could they not make the tax Then it goes on and on to what has between $10 and $25 for every dollar break that much less? It is penny-ante. happened to job training, school-to- they get in in-kind services and help It is change to them. It is a little bit of work, lifetime learning, reflecting that from other organizations. That is the money when it is a tax break, but it is our economy is a different one and that message we want to send young people. all the money in the world when we are people in the work force must be con- We keep blaming young people. We trying to deal with education. stantly educated in a lifetime, but keep getting mad at young people. We Mr. OWENS. They are not rational. much of that job training funding is blame the education establishment That is the most foolish thing. also cut on the labor side of the Labor, after we withdraw the resources. The Mr. PELOSI. I think there is a lack Health and Human Services and Edu- next thing what will become is the of understanding by some of our Re- cation. I might say that the Senators same people who cut these budgets are publican colleagues about how this restored the education cuts, but there going to tell us, they could not educate issue is understood in the country. are other problems that we have with the kids, so give them a voucher and As a member of the subcommittee, I the bill for cuts that were not restored. send them down the road. They will be get many calls and letters, et cetera, I would be happy to yield to my col- cutting the vouchers once that is ac- from very different people; not the league. complished. usual folks who usually call, but mem- Mr. MILLER of California. The gen- As MAJOR OWENS said, people better bers of PTA’s across the country. This tlewoman from Connecticut mentioned wake up and understand the kind of has gone beyond the usual advocacy that our Republican colleagues and systematic, comprehensive assault groups who will pay attention to what sometimes the editorial boards get that public education is under in this goes into legislation in Congress. This mad at us when we talk about the cuts Congress by the Republicans. This is is well beyond that. This is parents, to children that were scheduled in the not an accident. We say it is arbitrary. members of PTA’s and the rest, mem- school lunch program or in student It was not arbitrary in their minds. bers of school boards across the coun- loans or in title I or Medicare and Med- They made the decision that this is try. They are not particularly politi- icaid cuts. We say they are taking from where they were going to cut the budg- cal, but they understand how this is the neediest people in this country to et, not in the waste in the CIA, not in going to affect their neighborhood provide this tax cut, and yet here is the the waste in other programs, programs schools. That is critically important. graphic example. that you cannot even debate on this I certainly think the Senators under- Here are children that are identified floor. This is systematic. This is inten- stand, because they put back almost as economically disadvantaged, as edu- tional, and it is about the destruction all of the $2.7 billion. I think nothing cationally disadvantaged, and we try of the public education system in this speaks more eloquently to the bank- to target some resources into the country and certainly the Federal con- ruptcy of the policy in this House on schoolrooms where those children re- tribution to that effort. education funding than the fact that side, and yet we find out that as we Again, I thank the gentlewoman for even the Republican Senators disasso- read down the impacts in the State of yielding. ciated themselves from it and came California, district after district, Ms. DELAURO. Again, it was MAJOR back with $2.7 billion, which I hope we school after school, 150 students, 170 OWENS who mentioned the issue of can get into the House bill, or in con- students, 694 students, 1,000 students, military might. If we only measure ference back in. 131 students, it goes on and on and on, this Nation in terms of its military The other point I want to make is these children. might, our national security is at great that in the course of all of this appro- This is not abstract. I have been risk. Education is as much a part of priating, our colleagues on the Repub- teaching the last several Monday what the national security of this lican side say, ‘‘We will put more mornings at a continuation high country is all about as is the number of money back into some of these pro- school, and I visited with the teachers weapons that we have in our arsenals. grams, contingent upon the House at Olympic High School after I was I come from a State that is defense passing a separate bill, a reconciliation done with my class period, and they dependent, that depends on tanks and H2202 CONGRESSIONAL RECORD — HOUSE March 13, 1996 aircraft and engines. But I will tell you special order on community service THE REAL WORLD OF PUBLIC that if we do not have the young people cuts, too, but they are related to edu- EDUCATION FUNDING who are smart enough and competent cation. The SPEAKER pro tempore. Under enough to be designing and manufac- In the same Labor, Health and the Speaker’s announced policy of May turing and doing all those things, our Human Services and Education appro- 12, 1995, the gentleman from Penn- national security is at great risk. When priations bill there are drastic cuts in sylvania [Mr. GOODLING] is recognized we cut preschool and when we cut community service, and some of the for 60 minutes as the designee of the school lunch and we cut summer em- programs affected are RSVP, foster majority leader. ployment, and when we cut skills grandparents, et cetera. In our testi- Mr. GOODLING. Mr. Speaker, now training and when we cut higher edu- mony, all the testimony that we get let us move from fantasy land to the cation, we are doing an enormous dis- real world. I think that would be a service to the national security of this from professional judgment opinions and testimony of those who have to good approach. I would have thought, country. after what I heard, that somehow or justify the spending in their agencies, Mr. OWENS. Our economic viability other the Federal Government was in looks to what the gentleman from Cali- is directly threatened. Education is the charge of public education in this coun- fornia [Mr. MILLER] said. basis for the kind of skills that we need try, even though we only spend 6 per- in order to compete economically. Ban- For every dollar you spent on an cent of all the money that is spent, 6 galore, India is now called the com- AmeriCorps volunteer, you get at least percent. puter programming capital of the $25 return on your investment. So, too, Under our plan, incidentally, we world, Bangalore, India which is in a with community service across the spend $340.8 billion over the next 7 country which is considered a develop- board, also contained in this bill. It years on education. Compare that with ing nation. But they have as good a flies in the face of the trend, because the former majority that was just computer program in English as you what we are saying here is everybody speaking. During their last 7 years, have anywhere in the world, and many wants to reduce the deficit, right? So they spent $315.1 billion. All those cuts of the companies of this country are how do we use the spending to the best you heard about does not quite add up, contracting their computer program- advantage? Of course we educate our does it? Because ours is an 8.1 percent ming to Bangalore, India where they children. That is an investment. increase. can get a year’s worth of work for a Now, what is the problem? the prob- month’s salary, what they pay to com- But we also had what they call the lem is that we want to do something puters in this country. twin engines of paid supervisors and differently. I agree with the former Economically the competition is thousands of volunteers, but who need chairman that I sat beside who would going to broaden, and the competition the employees in place to organize say to me on occasions, ‘‘Bill, these economically will be more dependent their work and them, in order for us to programs are not working,’’ and I upon the educated population that a have the big payoff in our society of would say, ‘‘I know it, Mr. Chairman. nation has and the way it utilizes that people coming together and helping Let’s change them.’’ educated population. People are not children to read or taking seniors to The chairman would always say, ‘‘We going to have the jobs if they do not the park or whatever it happens to be cannot do that because the money have the skills and the education. to meet the need. It was referred to as might not get to the right place.’’ And The corporations that are now unit- the catalytic power of community serv- I would say, ‘‘Well, if it isn’t doing any ing with the Republican majority to ice. good getting there, what good does it cut the budget for education are the This is what we should be doing if we do to get to it the right place?’’ same corporations that are asking for, want to reduce the deficit, is make But all those years I sat there saying in the immigration bill, that we allow sure that the dollars that we spend are there were different ways to do this. them to keep bringing in technicians. investment and that they have a multi- We have to make changes. All the stud- Ms. DELAURO. Foreign workers. ies, I wish the last group would have plier effect across the board. When we Mr, OWENS. And people at high lev- unveiled all of their studies showing all cut those dollars for community serv- els, especially computer programmers, of the accomplishments, because every ice, we are really going backward. It in order to fill the gap they have here study we have from the department, does not take an economic genius to for computer programmers. So it is all every study we have from an outside see the worth of all of that, the power interwoven, interconnected, and we group would indicate, as a matter of cannot maintain a military power if we of men and women across the country fact, that we are doing more poorly do not maintain our economic might. volunteering. today than we did 10 years ago, after We cannot provide for average fami- But subtract the Federal commit- we poured all of this money into these lies and keep the economy healthy un- ment there and you lose the super- programs. less we have a strong school system vision, the organization, the guidance Let me also point out that when we which is dedicated to the education of and the catalyst for making all of that talk about spending on education, all children, not an elitist system seek- work. So these education cuts are tak- spending on education in the States ing to get away with just educating ing place at the same time as we are alone rose from $60 billion in 1983 to one portion of the population and al- making community service cuts. Beg- $115 billion in 1993. During the same pe- lowing the other portion of the popu- ging off of AmeriCorps captures both riod, local contributions to education lation by triage to go overboard and aspects of it, education and community grew from $55 billion to $120 billion. not provide them with a decent edu- service, and it does a grave disservice, State and local governments have in- cation. whether it is to civic associations or creased their spending over that 10- Ms. DELAURO. My colleague, the volunteerism in our country or, as year period by 100 percent. gentlewoman from California [Ms. President Bush so aptly called it, 1,000 What results do we have from all of PELOSI]. points of light. Let us support Presi- this spending? According to the na- Ms. PELOSI. Yes. I know the focus of dent Bush’s 1,000 points of light by tional assessment of education this special order is education and the progress, reading, average reading pro- fueling and funding the community Republican cuts, and that is most ap- ficiency among 9-year-olds was about service agencies that we have in Gov- propriate, but I want to also point out the same in 1992 as it was in 1971. Math ernment. that these cuts are not made in a vacu- average, mathematics proficiency um. Our colleague, the gentleman from Ms. DELAURO. I want to thank my among 9 to 13, was slightly higher in California [Mr. MILLER], talked about colleagues for joining me tonight. If 1992 than 1973, but for 17-year-olds the community service in AmeriCorps, as there is a place we can cut, we do not same. Science. Science, we went back- did the gentlewoman from Connecticut have to repeal the alternate minimum wards for 17-year-olds. It is lower. [Ms. DELAURO], and I wanted to just tax. We could apply $17 billion to either So on and on you go, and all we are add something briefly there because I the deficit or doing some of these other saying as a new majority is that we think we will have to have our own things. have scarce dollars. We know that. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2203 Therefore, we have to make sure they What we are doing is removing the We are saying that the power belongs work well. For whom? Not the people bureaucracy, combining programs that with the people, it belongs with the that are employed in the businesses are efficient, and those that are not ef- students, it belongs with the teachers out there, the programs they are try- ficient, we are doing away with them. and the principals to master the des- ing to protect, but for the children that Let me give you a classic example. tiny that we think is right. we are trying to help. And first I would say, though, that My wife writes grants for Goals 2000. every nation scores above the United b 1900 She works 5 nights a week. There are States in every category in education. other schools that hire people to write Now, here is a good example. We re- In many cases, the Brits and Japanese grants for Goals 2000. Many of them cently had a study done, and it took a score twice of what our students do in never get a single grant, and in some long time to do this, because when I be- scores. We have less than 12 percent of cases I have documented where you came chairman, I said, now, for once our classrooms that have a single have got people that are hired to write we are going to look at all the pro- phone jack when we are talking about a Goals 2000 grant that the grant that grams that are on the books and see Net Day. This is 40 years of bureauc- they get in does not even pay for the how many are duplicating each other, racy and Democratic-run House that grant writer. And in some cases, if it how many are doing well, how many has destroyed education. does, by the time you go through the are doing poorly, how many should be We have some of the best school pro- administrative fees, paperwork, and eliminated. grams. And I taught in Hinsdale, we extra people you have to have to force The President said in his budget we had Evanston and New Trere, you go it, you get no money. Some of the big should eliminate 41. We have discov- right outside of Chicago, where you schools do not. We are saying that that ered that there are 760 education pro- have 71⁄2 miles of Federal housing, and grams, spending $120 billion spread out is a waste, and it is a system that, yes, the kids have no hope. Goals 2000, on a State level, do it if it over 39 agencies downtown. You see, What we are trying to do is take and this was my argument when we created works in your State. Title I, if it works fund down to the local level where you in your State, do it. There are pro- the Department of Education. I said I have quality, where you have parental could be wholeheartedly in support of grams. involvement, you have teacher involve- And drug-free schools, we have a that if I thought all education and ment, where we can pay teachers what whole block grant for drug-free training programs were going to come they really deserve and where we can schools. I happen to think DARE under one roof so we really could get a upgrade the classrooms instead of handle on it and see what is being done works, and very, very effectively. That dumping money into these programs. is taken care of in that block grant. and whether we are having any suc- They talk about title I. They talk And if DARE works in your State, do cesses. I know that would not be the about Head Start. Well, every study, it. But we are not reducing education. case, and here is a good example. including the Department of Edu- Now, some will tell you, oh, you have What is cutting education is the cation, little liberal, and the Presi- President’s title I, for example, costs a all sorts of programs in this. Yes, but dent’s own administration and every they all come back to education and billion dollars more just in administra- study says that title I is not doing its tive fees, capped at 10 percent. He training, in many instances duplicat- job. It should take two students at the wants all the direct lending programs ing what somebody else is doing in an- end, there is no difference, and we are GAO said it would cost $3 to $5 billion other agency. We cannot continue to putting billions of dollars. Did we kill just to collect the dollars. We took do that, because now you are talking it? No, we reduced it until we said, is those savings, the gentleman from about 1,760 programs, $120 billion spent, there quality, is there a standard, and California [Mr. MCKEON], his commit- you have 50 States, D.C., and terri- is it effective? And I do not think that tee, and spread it across and increased tories to spread it over. You have is too much to ask. 14,000, almost 15,000 school districts, Look at Goals 2000. There are 45 in- student loans by 50 percent, increased and you have over 80,000 schools. We stances in Goals 2000 that say States Pell grants, IDEA, we level funded for have to get a handle on this so that we will, one of those instances you have to special education and the other pro- can provide quality education, and that set up a special board, every school, grams. But, yes, we are consolidating is what it is all about. that board reports to the principal. The some of those 760 programs, doing away We are not trying to attack public principal reports to the superintend- with the ones that do not work and fo- education. Most of us are products of ent, the superintendent then has got to cusing the dollars down. public education and proud of it. What send it to Sacramento in California. A vision, for 5 years I have been talk- we are saying is we play a very small Think about all of those schools doing ing about let us get high-technology role on the Federal level and the local that and the paperwork that has got to and computers and fiber optics into the level, and the State wants it to remain go through the State, and then think classrooms with only 12 percent, and that way. They do not want us to be in- about all the schools in the United the President jumps on the bandwagon. volved in public education. But we play States and generating all that paper- I am glad the President jumped on the a small role, and in that small role we work. bandwagon. It took 40 years of mis- have to guarantee quality. Guess what there is back here in representation. Why? We have so many Access will not get these young peo- Washington, DC? There is a big bu- schools that are not up to speed. If we ple anywhere. So we need studies that reaucracy here that receives all of that really want to educate our kids, we are not individuals that benefited from paper and all of that information to see need the Federal Government to get in- chapter I or benefited from this, we if they are in compliance. volved in research and development, need concrete stories that can tell us What we are saying is let us send the working with telecommunications, get the magnificent successes I just heard money to the Governors and to the de- AT&T, the Baby Bells, get the folks about that we cannot find anyplace in partments of education if the State that can invest in our school systems any study that exists today. Constitution says, and do a Goals 2000 an get our kids ready for the 21st cen- I yield to the gentleman from Cali- on a State level. Do away with the tury. You listen in the hearings, we fornia, who I noticed was taking pro- rules and regulations. Do away with have a large portion of the kids coming lific notes and will be tremendously the paper, and you be the masters of to our education programs do not even educated by the fantasy land. the destiny of your education program qualify for an entry-level job because Mr. CUNNINGHAM. The gentleman in the State. they cannot read, they cannot write, from New York [Mr. OWENS] says what But I have heard the gentleman from they cannot do the math, or they can- we are doing is barbaric. Everything we New York [Mr. OWENS] sit up here and not speak the English language. That are talking about here in Washington say we do not trust the States, we are is not a legacy, Mr. Speaker, I want to in this political year, Mr. Speaker, is the only people in the world that can leave with our kids. about power. It is the power to disburse decide and make those decisions here I repute, and every single Member money to get reelected, so you have in River City in Washington, DC. Why? that spoke in the last hour is among got the power and you need a bureauc- Because they want to keep the power the most liberal left of this House in racy to sustain that. here. every case, they will spend money on H2204 CONGRESSIONAL RECORD — HOUSE March 13, 1996 everything and drive us further into and we had a pile of paperwork, you nel years compiling what turned out to debt and deficit except for one area, know, the chart there that you have of be a 9-pound application, the univer- and that is the field of the Department the 760 programs. This paperwork was sity delivered its final product, this de- of Defense, and they will cut. But in only what was required for about a spite the fact that the form said this every instance they are the left of the third of those programs. And yet it was should take 3 hours to fill out. I do not left, and they want to keep the power a pile stacked this high. know if anybody in Washington deter- here in River City so they can get re- The Clintons believe that it takes a mined that and ever spent the time to elected and scare children and scare village to raise a child. What we have figure it out. students, and I am not going to stand found is it really takes a village to fill Now, if you figure there are 6,500 infor it. out the paperwork. Duplicative Federal stitutions of higher education that par- Mr. GOODLING. Mr. Speaker, I yield programs begat State paperwork, State ticipate in title IV across the country, to another subcommittee chairman paperwork begat local paperwork, and each one responsible for their own 9- from California, the gentleman from local paperwork takes teachers away pound pile of paperwork, assuming California [Mr. MCKEON]. from their job of teaching our children. similar burdens as experienced by Bos- Mr. MCKEON. I appreciate the oppor- I spent time on a school board, and I ton University, it would take 9,750 full- tunity of being here with you tonight know how much work is done to write time employees to merely complete the and participating in this special order. grants, how much work is done to fill applications submitted in title IV. You know, sometimes the best inten- out reports to send somewhere, and, That makes one wonder how many em- tions can do the worst harm. When we hopefully, maybe somebody reads ployees it takes to read, review, proc- attempt to help, we often simply bur- them. You never really knew. You just ess, and file these forms here in Wash- den. When we attempt to inspire, we knew that you had to fill out the pa- ington once they are submitted. may only discourage. With all the help- perwork. The out-of-control paperwork We talked to the Department of Edu- ing that the Federal Government has load required for these programs too cation. They did not know how many done in the last 30 to 40 years, you often leaves out rural and poor school employees they had. would think that the previous majority districts that do not have the sophisti- Title IV is only the tip of the iceberg, should have admitted that something cated grant writers, so they simply do only one of those 760 programs, com- was not working and that some of not apply for the programs. pared with the enormity of the uni- these programs maybe could have been There has been such a severe focus on verse of Federal education spending. eliminated. Perhaps we needed to ex- an investment in bureaucracy sur- As we continue to pursue this aggres- plore other methods of giving our chil- rounding education that we really have sive review, we fully expect those who dren the first-rate education that they failed our children. It should be an as- benefit from the status quo to chal- really need and deserve. sault to our sensibilities, with the mas- lenge us, as we see here tonight, in an You know, a few weeks ago Chairman sive increase in spending citizens have attempt to defend the current state of GOODLING held a hearing about what supported through their taxes over the education. It is inconceivable to me was working in public education. A few years. how anyone can defend this bureauc- months earlier Mr. HOEKSTRA held a You know, it is interesting in this racy and say this is what is best for the similar hearing in Chicago to highlight chart here, it shows, and I do not know children of this country. public and private schools in low-in- if we can focus in on that down in the Mr. Speaker, we welcome the debate. come areas that were successfully edu- corner, it shows the taxpayers, and the We hope at least to have an energetic cating their students. money goes from the taxpayers to dialogue that results in the best edu- I personally have visited several Washington, siphons through those 760 cation system we can give our children schools in my district and elsewhere programs and then eventually some of and grandchildren. I thank the gen- that are having a positive impact on its reaches the children. tleman again for this opportunity to children. The good news is there are When I first came here, I figured out participate here tonight. many good things that are happening that from California, just in rough Mr. GOODLING. Mr. Speaker, I in education, and they are working numbers, we send over $2 billion a year thank the gentleman. The gentleman quite well under the jurisdiction of to Washington, more than comes back from Michigan [Mr. HOEKSTRA], our local school boards and administrators to California, to benefit the children subcommittee chairman, who has been and teachers and parents that really just by running it through this siphon doing a lot of oversight work, is here to care and want to make things happen, here in Washington. participate also. and they are able to do that across this We saw we still have a great deal of Mr. HOEKSTRA. Mr. Speaker, I land. They do not have to wait until work to do in identifying the breadth thank the chairman for giving us this someone from Washington decides and depth of Federal intrusion here. opportunity. what is best for them and what pro- This 760 that we have, I would add, is I have got good news, bad news, and gram we decide they should participate we know is not complete. We know we some more good news. The good news is in. have to do more, but we are going to there are a lot of people around the These hearings and site visits have work on this until we complete this country that recognize we have this all led to the same conclusions about project. difficulty, and on the chart up there we what factors are behind that success; You known, we do not currently are focusing too much on the dollars namely, success is not a matter of how know how much of each Federal dollar spent. We are focusing too much on the many Federal programs the school par- gets down to the local classroom after Washington Bureaucracy and not ticipates in or how much money a the large amounts are siphoned off here spending enough time talking about school spends per student. Rather, the in Washington. We do know the cost is students and teachers. picture that is quickly developing from extremely high. Just one example, the Christy Todd Whitman, the Governor these hearings and site visits is that cost of Boston University. According to of New Jersey, in her State of the committed parents, strong local lead- their provost, the university spent 14 State Address, identified the problem ership, and an emphasis on basics is weeks and about 2,700 employees hours that my colleague from California was the recurring theme behind successful completing the paperwork required to talking about: We must stop chasing schooling. complete funding for title IV. They dollars and start creating scholars. The success stories that we have seen were hampered by the use of separate We found that in the hearings that are about what local administrators, definitions in 26 separate schedules re- we have done in Chicago and Milwau- parents, and teachers are able to do to- quired to complete their application. kee and around the country, one goes gether to make academic achievement into a successful school and says, b a reality in their schools for their chil- 1915 ‘‘What is making your school work? dren. They were slowed by repeated correc- How come your kids are scoring better This message, however, is not being tions and clarifications requested by than the national average?’’ They don’t heard in Washington. You know, we the department. In the end, after come back and say, ‘‘It is this program, held a press conference a few days ago, spending the equivalent of 1.5 person- it is title I out of Washington that has March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2205 really made the difference.’’ They said, printed it in 24 hours. Kinko’s could do Later on this week, we have gotten ‘‘We have got even parents involved in it in 12. some preliminary documents and the the schools, and these are some of the Kinko’s did it for the grand total of, President of the Corporation for Na- toughest neighborhoods in Chicago. We 1,500 documents, they did it for the tional Service, Harris, sent us a letter have parents involved in the school. We price of $21.33 apiece, $32,000. The Gov- telling us what this document is going have liberated teachers and principals ernment Printing Office could have to be. It is a requirement the Corpora- to create special programs for special done it for $500. tion for National Service, a $500 mil- needs.’’ You started talking to them Now, I am not sure who is educating lion corporation, which would put it about Washington programs, and they who here, but when you take the aver- into the Fortune 500, it has to have its started talking about the bureaucracy. age family income for the American books audited. Fairly reasonable. Even Secretary of Labor Reich, I family today and you define a 9-page BUCK, you are a business guy. think one of the staunchest defenders document as being an emergency, and Mr. MCKEON. Good idea. of the status quo here in Washington, you are willing to spend one family’s Mr. HOEKSTRA. Good idea, let’s said we must stop throwing money at entire income for the year to get that audit the books. I bet you had that done, Mr. GOODLING, when you were on education and training programs that document out in 12 hours faster, I am the school board. You had your books do not work. not sure that we know best here in audited. But this a Fortune 500 com- There is a realization that focusing Washington. on the bureaucracy and dollars is not pany. The bottomline on this bill is we do So I called my stockbroker today, where we should be, and we need to have a great chairman of the Commit- and I was going through a scenario start talking about what is going to tee on Government Reform and Over- with him, and I said, ‘‘If you know of a help kids, parents, and help the kids sight, the gentleman from California Fortune 500 company traded on the become scholars. [Mr. THOMAS]. I am surrounded by Cali- New York Stock Exchange that had In my role as chairman of the Sub- fornians tonight. We had to approve the auditors come in for their yearly committee on Oversight and Investiga- that bill. He came back, and I have got audit,’’ and, we are benchmarking tions of the Committee on Economic to give him credit, he said, ‘‘No, you against business excellence. Actually it and Educational Opportunities, I get went outside the rules. This does not is the business minimum. ‘‘And the the opportunity to identify some of the meet my definition for an emergency. auditors came back and were going to ancedotal things that we find. The gen- We are not going to pay it.’’ The prob- announce publicly that the books and tleman from California [Mr. MCKEON] lem is right now Kinko’s has not re- the financial systems were in such dis- identified the 9-pound document for ceived their funding. But it was $32,000, array that the auditors could not audit title IV. I was going to multiply 9 or $21 a document, versus 33 cents. the books, what would happen?’’ pounds times 6,500, and it is in the tons If I can have a couple of more min- My stockbroker is trying to figure of documents. That is why we need utes, because there was a lot of discus- out what company this is. He says, these big buildings. sion about a program that, if I do not ‘‘Well, No. 1 is trading of that stock Mr. Speaker, one of the other anec- say it, my three colleagues will remind would be suspended immediately. When dotal things we found in the drug free me very quickly that I voted for in trading opened on it, the price of the schools, somebody had spent $1,000 pre- 1993. stock would plummet, because share- paring all of the paperwork and writing Mr. GOODLING. I will remind you. holders, the brokers, the employees the applications and filling out the Mr. HOEKSTRA. I am sure you will. would have no idea of what the finan- grant requests. By golly, we went out I was warned about what might happen cial stability of that company would and helped them. They got a grant for with this program. Many of my col- be. The CFO would be fired imme- $13. leagues were correct. The reason I am diately. The rest of the executive team Now, it is kind of like somewhere in bringing this up is because it returns would be brought in front of the board this process. $1.25 and $1.50, is what the speakers be- of directors to explain how they got to Another example, and this does not fore us talked about. this point and come up with a correc- directly relate to education, but this Here is what was said about tive action, not 60 days, not 90 days, was in the Wall Street Journal today. AmeriCorp that maybe helped me de- but what are you going to do now?’’ A document roughly this size, nine cide I should vote for it and give it a Well, what we are going to find later pages, two-sided, actually this one is chance. In 1993, April 30, Bill Clinton on this week is that for our $500 mil- one-sided, it is nine pages, two-sided said, ‘‘We are going to set up a Na- lion corporation, the Corporation for document, 1994, President’s State of tional Service Corporation that will National Service, the books are the Union speech. This is how Washing- run like a big venture capital outfit, unauditable for 1994, and we are going ton defines an emergency. It was 4 or 5 not like a bureaucracy.’’ to find and discover that for 1995 the o’clock in the afternoon and the Labor President Bill Clinton, April 30, 1996: auditing company has basically said, Department said, ‘‘We need to have The National Service Corporation Act will ‘‘We do not think it is appropriate to these available to hand out before or establish an innovative entrepreneurial Cor- invest any money in even taking a look after the President’s State of the poration for National Service to offer Ameri- at the books, because from what we Union speech. It is so critical. We can- cans educational awards in return for vital have seen, they have not changed their not do it in black and white. We better service to our country. The corporation is procedures and they are still running do it in color.’’ designed to cut waste, promote excellence in on the same outdated models of what They avoided all the Government government, encourage locally driven initia- they are using in 1994.’’ regulations we have put in place about tives, and create flexibility. Think about it. Finally, when by how to purchase and these things. We Here is what the new Chairman of broker said, ‘‘Who is it,’’ I said, ‘‘It is have a Government Printing Office. the Corporation for National Service the Corporation for National Service.’’ They went to Kinko’s. I don’t know if said in his confirmation hearings in Oc- His response was ‘‘Oh. That is govern- I can give advertisements, but it is in tober of 1995. ‘‘At our corporation, we ment.’’ here, in the document. They went to want to do what any business person It is expected. That is why we are Kinko’s and said, ‘‘Can you print this would do, and that is make our product going to go through those 760 pro- for us?’’ Being the entrepreneurs they the best it can be.’’ grams. We have got a $500 million pro- were, they said sure, but we are going Sometimes we get critiqued for actu- gram where the books cannot be au- to have two people working overnight ally going and taking a look at these dited. That is not Washington’s money, to create these documents. 760 programs. AmeriCorp is a good rea- that is the parents’ money who decided So they said, ‘‘This is an emergency. son why we go and take a look. to send it or were told they had to send This 9-page document is an emergency There was a press conference today their money to Washington, and not and has to be ready. It is called the and some reforms were announced on use it at home for their family and Middle Class Bill of Rights. It has to be AmeriCorp. But there was one reform their own kids’ education. We are en- ready tomorrow morning.’’ The Gov- not announced today that I am very, trusted with that money, and we can- ernment Printing Office could have very disappointed and upset about. not even meet the minimum standards H2206 CONGRESSIONAL RECORD — HOUSE March 13, 1996 for what a corporation is. And this is start. We were supposed to try to give the notice that they are giving to the Government at its best. them a quality program that would American public, that we are cutting If this happened to a publicly held help them compete with youngsters those programs, is upsetting to me. company, it would be the front page of who were not from disadvantaged And I would say that you mentioned the Wall Street Journal. Because it is homes. we control only 6 percent of the spend- Government, it is going to be a foot- Our problem was, right from the being, but what does that 6 percent do? It note on page 10, and it is going to be ginning, that a lot of people then de- represents over 50 percent of the rules ‘‘Oh, there they go again. This is what cided, well, this is the most those stu- and regulations on the States in the we expect.’’ dents can do. In other words, in many school systems, over 75 percent of the We have got to set a higher standard. instances we dumbed down. In many paperwork, and it is inefficient. That is We are going to go through those 760 instances we did not require more. In not a legacy that we need to continue, programs, and we are going to see many instances we did not demand and we are trying again to get the dol- whether there are any more like this, enough. lars down to the local level so that we and we are going to see whether they The hearing we had recently where can have better quality, we can have are effective, whether they are effi- we were talking about good things hap- parental involvement to work with the cient, whether they are getting the pening in public education, and there teachers and the administrators and kind of results we want, and whether are wonderful things happening all let them make the decisions instead of they are even the Federal Govern- over this country in public education, someone like MAJOR OWENS, or Mr. ment’s role. but you noticed every person’s testi- MILLER, or DUKE CUNNINGHAM, or any- We will still have the debate about mony, when they talked about why it body else here in Washington, DC. whether AmeriCorps is appropriate or is working and why it is a good pro- They talk about title I and Head not. When they are using $500 million gram, it all came back to: We demand Start and Goals 2000. Every study, in- like this, they should not get one more excellence, and we insist. The one pro- cluding HHS, the Department of Edu- dollar until they come back in front of gram, if you will remember, the parent cation, the inspector general; here is us and convince us they have put in had to sign up to participate daily in the quotes: Over a 1-year period title I place the changes that are necessary. I the classroom so that they were right participants did not improve the rel- do not think they have a chief finan- there helping those children and learn- ative standings in reading or math. cial officer right now that has an ac- ing a lot what it is you do to help chil- The progress of title I participants on counting or finance background. dren when you are at home. standardized tests, on criteria ref- Mr. GOODLING. The tragedy is that I mean, these are the inconsistencies erences tests, was no better than a when you talk about that system of that we are faced with a limited nonparticipant. Two students, both federally financed volunteer programs, amount of money, and so we have to parallel programs, one participating in contrast that with what happened in improve. Head Start or title I, no difference at my district recently, where the Breth- IDEA was mentioned by that group. the end. When you got 760 programs, we only ren Nursing Home had a contract with Where do the mandates come from? have 6 percent of the funding to spread a local high school where the students Federal Government. What did we tell them we would send those dollars so thinly, there is not would come in and volunteer their time enough money in the world to function. to give those seniors what the paid peo- them? Forty percent of the money. What did we end up sending them? And they said more generally the rel- ple would not give them, because they ative performance of students in very do not have time to give them, and the Eight percent of the money. So I am very proud that last week in high poverty schools, one with at least Department of Labor moved in and 75 percent of poor children, actually de- said, ‘‘That is a $15,000 fine, and it is the bill that we sent, which I hope the President will sign, we increased fund- clines from the earlier to later grades. $13,000 back wages you must pay to But yet I do not think it is too much these students who came to volun- ing for special education. Why did we increase funding for special education? to ask that a Head Start or a title I teer.’’ program has standards, that we insist So I called the secretary and said, Because we mandated the programs. Second, why did we increase it? Be- on quality, that we insist on results. ‘‘Wait a minute. Your President got Mr. GOODLING. See, this goes back cause then the local government, the the Congress to pass a program for vol- to the idea that I used to hear, year local school district, can take their unteers that costs $20,000 to $30,000 to after year after year. They say, well, money and spend it on all of the stu- $35,000 for every volunteer. Here you we need more money in the program dents rather than having to take their are going to zap this nursing home be- because we are only covering a small cause these kids volunteered to help money to spend it on a program that number of the children. And I would seniors, read stories to them, push we mandated. say what are you covering them with So I am proud that we made that them in a wheelchair?’’ because that is very, very important. Oh, he did not like that. I said, ‘‘I change, and I know that the gentleman So we had a 180 percent increase in don’t like it either. Because on one from California [Mr. CUNNINGHAM], the Head Start funding which translated hand it was stupid to pay volunteers, chairman of the subcommittee, has into a 39 percent increase in participa- and then on the other hand, you zapped some other thoughts on tonight’s dis- tion. Now, if we have to increase fund- those who volunteer their time. Not cussion to bring us back into the real ing 180 percent every time to get a 30 only that, have are you going to deter- world. percent increase, there is not enough mine then which was work and which Mr. CUNNINGHAM. Mr. Speaker, money in the world to ever get around was volunteer? Was pushing the wheel- this special order makes my heart soar to full participation. chair work, or was that a volunteer? like an eagle because you know you are So, you know, it was just the idea: Was reading the story to the senior cit- able to talk about that I know the more money, more money, more izen work, or was that a volunteer’’ chairman was an educator, and I know money. Nobody paid any attention the gentleman from California [Mr. b about quality. Just more money. 1930 MCKEON] owned a business, and I was a Mr. CUNNINGHAM. That is the lib- It is just—well, I will refrain from teacher, but not only in the high erals’ and socialists’ excuse to just saying what I really think it was, but school, but the college level, and the keep dumping more money into a pro- nevertheless these are the inconsist- dean of a college. And I have got chil- gram, regardless if it is effective or encies. The important thing is to re- dren. And if the other side is trying to not. And you know the other side member, when we talk about edu- say that we are barbaric, that we are would say that we are cutting. cation, is that 6 percent, that is what trying to destroy education, and I have First of all, for every dollar the gov- we are involved in. Why are we in- got children in elementary and second- ernment spends, it has got to take it volved in that? We were to deal with ary education, and I want them to go away from somebody in the first place. special population. Why were we to onto college education, the last thing I It is not free money. We have the deal with special population? We were am going to do is to bleed the public charge of making sure that those dol- supposed to try to give them an even system that is going to help them. And lars are effectively spent, and when March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2207 you look at our school systems, that paints us as not caring. Well, if I did The forms are not available because where our systems across this country not care, I would not be here, and if I they had 21 days of bad weather and are last in most—below all nations in did not care about those children and shutdown. The forms had to be printed math, and reading, and writing, and grandchildren and nieces and nephews long before the shutdown and long be- science; I mean that is not a good sys- that I have, I would not be here. fore the bad weather if, as a matter of tem and we need to change it, and to Mr. Speaker, I think it is important fact, they were going to meet their effectively do that instead of just con- that we get a handle on our fiscal re- deadline. So you have all of these stu- tinually dumping money. sponsibility. Maybe these 760 programs dents and parents and schools up in They say, well, you are cutting. We would be good, and maybe they should arms because they did not have the are not cutting. What we are doing is all be funded fully, and if we had the free forms to fill out in order to apply focusing the dollars in the most effec- money, maybe that is something that for the loans. tive means and letting local districts we should do. Now these are the same people, keep control it, and what we are cutting, I personally think that is probably in mind, who are also now going to whether you are talking about any not the case, and I think we are on the manage direct lending. They could not other program outside of even edu- right track in trying to look at these seem to manage the lending that would cation, is we are cutting the precious programs, especially when we find out be taken care of by the private sector bureaucracy that they can control, and that they are also showing very poor if they just get the forms finished in that is what their whole thing is about fiscal responsibility. But we do not time. But they are now also, and the right now. You are cutting. What we have the kind of money. When we are President would have his way, they are doing is cutting their ability to in that kind of debt, to pass that will manage 100 percent of all of the spend money so that they can get re- $187,000 onto that new granddaughter loan. elected. We are cutting their ability to that I just had born does not make So you know this excuse when sum- spend money so they can get reelected very good sense to me, and that is what mer comes, I hope they forget about so they got the power here in Washing- she is going to have to pay in her life- the bad weather as an excuse, and ton, DC. And that power represents time just to serve interest on the debt, hopefully they will not have another even a bigger bureaucracy, 760 pro- if we do not get this taken care of. shutdown so they cannot use that as an grams all the way down the line. You know, we used to spend—hard- excuse, and they will really have to do That is wrong. Forty years has working people, the people that settled the job. brought us to that point. this country, the pioneers that moved Mr. HOEKSTRA. If the gentleman Talk to anybody, Republican or Dem- across the plains to establish this will yield, the Federal family edu- ocrat in your district. They feel some- country, did not look to the Govern- cation loans, I mean just printing the thing is wrong with the system. And ment to help them, You know, if their documents which were the things that what is wrong is we are not managing wagon wheel broke, they did not send a were late, why it is not available, the Government, whether it is the De- telegram or a Pony Express rider to printing documents is not that tough. partment of Defense, the Department Washington to ask somebody to come We talked a little bit about Americorps of Education. Government is not and out and fix their wagon wheel. You not meeting the minimum require- does not have the ability to manage know, they took care of themselves. ments to be auditable. FFEL, the Fed- money and get effective results. People And when the President said the eral Family Education Loan Program do that work directly with the pro- other night in the State of the Union where they cannot print the applica- gram, and I want to personally thank something about the effect that peo- tions so that—— the chairman. ple—it was terrible that they should Mr. GOODLING. In time. And all of this results in a $5 trillion have to depend on themselves. You Mr. HOEKSTRA. In time, also just debt. Think what we could do with, you know, I think some way we missed the happens to be the largest funded pro- know, $365 billion. We pay nearly a bil- boat. gram of those 760 programs. So for a lion dollars a day on just the interest. Mr. Speaker, I think we should also program that is a half a billion dollars, What we could not do for education. mention tonight a little bit about stu- we cannot keep the books. Whey you And when we talk about the deficit, dent loans. You know, there has been a get to a program, the Federal family — every one of those Members I checked lot of talk about how we killed student or Federal family education loans, $18 did not vote for a balanced budget. loans, and I have some real concerns billion. I am not—you know, I do not Why? Because it takes their power to that there are young people out there think we have to audit those books. I spend money away. that maybe will not even go to school would love to have an accounting firm Mr. GOODLING. I yield to the gen- this year because they will believe take a look at those books. tleman from California [Mr. MCKEON]. some of the rhetoric that they have b Mr. MCKEON. Mr. Speaker, as my heard emanating from Washington, 1945 colleagues know, Mr. CUNNINGHAM just that when the other side says that we Mr. Speaker, if we cannot manage made a good point on the debt. Our have killed student loans they may $500 million, these have to be a disas- country is a little over 200 years old, think what is the use; you know, why ter. We have a clue. The books are and the first 200 years, the debt in- even try? I think that we ought to set probably bad, because they cannot even creased very, very slowly, until, at the the record straight, that, if anything, print the forms on time. end of 200 years, we had a debt in 1980 we have increased student loans from Mr. MCKEON. That $18 billion, by the of about a trillion dollars. And then it $24 billion to $36 billion in the next 7 way, is just in 1 year. started accelerating because spending years, and every single student that Mr. HOEKSTRA. Mr. Speaker, if the accelerated, taxes were cut, revenue in- goes to postsecondary education, that gentleman will further yield, I just creased, but spending went up even applies for a loan, can get a loan. want to add a couple of things. greater. And so from 1980 to 1982 that Whether they are poor, whether they We really are talking about focusing debt increased from $1 trillion to $4 are wealthy, has nothing to do with it. on how do we make kids scholars, the trillion. And then in the last 21⁄2 years, The money is there, it is available, we quote from Christine Todd Whitman. 3 years, it has gone up even faster, now increased that money, and every single You would think if we were focusing on to $5 trillion. So it does not take a student can get a student loan, and I making kids scholars we would go rocket scientist to figure if the curve is think it is important for us to clarify through those 760 programs and say, like this, and then it goes like this, that. the problem is we just have too many what we can look forward to. Mr. HOEKSTRA. If the gentleman programs focused on science, or too When we are talking about edu- would yield, the Secretary of Edu- many focused on reading and math, cation, we are talking about children, cation has said that the forms are not and we ought to really just consolidate and I have 6 children, I have 11 grand- available because the Government that. I will bet there are a lot of children, and one more on the way, shutdown. Is that correct? science programs there, a lot of read- that I know of. And you know I think Mr. GOODLING. I think it was rather ing, and a lot of math. That is what we that many times they, the other side, humorous. It was rather humorous. want kids to excel in. H2208 CONGRESSIONAL RECORD — HOUSE March 13, 1996 Seven hundred and sixty programs. through the House of Representatives, Washington bureaucrat, but to the The number of programs for arts pro- through the Senate, so we can con- teachers, the principals, the parents, motion and education, and arts are im- centrate on that 75 percent who are and the children. And they should portant, are 39. What I did not know is going to have to have the best skills, make those decisions on a local level. I that the arts are more important than the highest skills, the best work ethic, think that concept is worth taking a science. We only have 28 programs pro- in order to have our country compete look at. We are not killing education, moting science. But it is good, science with the rest of the world, or otherwise but we are focusing those dollars down is twice as important as reading, be- there are no jobs for anybody. the maximum to local control. cause for reading, we only have 14 pro- For those who are in high school, all Mr. MCKEON. The gentleman from grams. we ask from our Federal expenditures Pennsylvania mentioned the careers We know that reading is more impor- is quality. All we demand is excellence. bill. I think it is important that people tant than math, because for math, out To the preschoolers, all of us want to understand this is an effort that you of 760 programs, we have all of 9 pro- make sure that those who are from dis- started in the last Congress and could grams. So we have 28 for science, 14 for advantaged families, those who do not not even get a hearing on the bill. This reading, 9 for math, 39 for the arts. have the normal opportunities that year, with the change, we were able to There is one other little program in your children and my children had to take it and on a bipartisan way, take there that you ought to know. I guess become reading ready, that we want to 128 Federal programs, like we are look- it is not Monday night, but for those do what we can to make sure they are ing here tonight at 760. And while it is who have the TV’s that you get the reading ready, but we do not do that not into law yet and we are still work- menu, and if you figure out how to use simply by throwing money. ing on it with the Senate, we have it, you can also put closed captioning We do that by insisting that they are taken those 128 programs down to on. Out of those 760 programs, there is quality programs, so we do not find three block grants, made efficient use an option that is provided to you by that, by the time the children get to of the dollars, and we have. the Department of Education for closed third grade, they have lost any head We block grant that money out to captioning of ‘‘Baywatch.’’ So when start that they ever had. They will the States and local communities you turn on ‘‘Baywatch’’ on whatever have quality programs that will help where it will really be efficient, instead night it is on, you can go through your them compete with all students, no of having several cross programs work- menu, and you push the button that al- matter what background they may ing at odds with each other. lows you to watch it with the closed come from. Mr. Speaker, I want to commend the captioning on. It will say at the bot- So, Mr. Speaker, it is important that gentleman for his leadership on that, tom, at the beginning of the program, the American public understand that and for the continued effort. I think it ‘‘Brought to you by funding through there have been billions of dollars, I is important that people understand the Department of Education.’’ suppose, by this time spent on adver- that we are doing some very positive So the reading scores are not what tising to disinform the American pub- things here that will bear some great they ought to be, math is not what it lic. All we are telling you is that we results as time goes on. ought to be, science is not what it are here to make sure that all edu- What we need now is a President that ought to be. I am not even sure, they cation programs are the very best pro- will sign some of the bills that we have may even classify that as a reading grams that anybody can provide, and passed, so we can have true welfare re- program. Tell your kid to go watch that every child will have an equal op- form, so we can have a balanced budg- ‘‘Baywatch’’ and turn on the caption- portunity for those good programs. et, so we can really get this country ing, and read the words going along on It does not come just by simply moving forward to get our fiscal house the bottom of the page. throwing more money at 760 programs. in order. I thank the gentleman very Mr. GOODLING. I want to point out It comes from making sure that, first much. how important the captioning is. But of all, sufficient money gets to pro- Mr. GOODLING. We are here to sup- what a foolish way to spend money for gram that are working well, rather port those teachers back there on the captioning, when you could spend than spread it out all over these pro- firing line, and we want to help them money to really help the people who grams. Second, its means that we have as they try to produce the quality that need the captioning on programs that a limited amount of money, and there- we need to order in be successful. are meaningful and important to them, fore must demand quality, must de- Mr. CUNNINGHAM. My wife is one of as far as their future life is concerned. mand excellence. That is the only way them. I doubt whether ‘‘Baywatch’’ is one of we are going to make it in a very com- Mr. HOEKSTRA. Just in closing, at those. petitive world. the beginning of the year we got to- Mr. HOEKSTRA. Mr. Speaker, I Mr. CUNNINGHAM. If the gentleman gether and talked about what our vi- would tend to agree with the gen- will continue to yield, I will make my sion was for our committee, where we tleman. summation real quick, so I can give the wanted to drive the education agenda. Mr. GOODLING. I think what I would time to my colleagues. We started out not with the bureauc- like to point out, Mr. Speaker, in my Mr. Speaker, I would say what is racy, not with the dollars, not with the closing remarks is that I want the par- really cruel is to leave the system, in number of programs. We started out ents and the students who are high view that we have some very good with the kids. school seniors and college students to schools across the country, but across We said, we know what works in understand that there is a program out the board, a system in which I think schools. We know what works in edu- there called disinformation, every American sees there is a lot cating kids. We need to empower kids. disinforming the public. They are try- wrong with that system, and to where We need to empower parents to get in- ing to scare you into the idea that the majority of our children who are volved in their kids’ education. We somehow or other, because we are in applying for entry-level jobs do not need to take a look at whether the bu- the leadership at the present time, we even qualify for that entry-level job, reaucracy and the 40 Federal programs are going to destroy your loans and we because they cannot read, write, do the and the $120 billion, whether all that are going to destroy your grants. They math, or speak English; that we have influence out of Washington is empow- know very well that we increase both only been in the majority for 1 year. ering parents, enabling students, or the Pell grants and the student loans. This is after 40 years of letting the whether it is getting in the way. Are To those who are not going on to a 4- Government manage and control even the programs getting in the way be- year institution, they would probably the 94 percent from the rules and regu- tween parents and the local school have you believe that somehow or lations and paperwork. board, so the school board looks more other we are not concerned about that Mr. Speaker, I do not think it is ask- to Washington than they do to parents? 75 percent who never complete a 4-year ing too much that they give us a We are focused on kids. We are fo- education. The opposite is true. That is chance to prove that we can ensure cused on good education. We have the why we worked so hard in the last cou- quality, we can ensure results, by fo- same goals in mind. We just have a dif- ple of years to get the careers bill cusing more dollars down not to the ferent way of getting there. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2209 Mr. GOODLING. Children is the name Meanwhile, the folks back home are we have a serious problem regarding of the game as far as our program is working longer hours for lower wages. democracy in America. If we do not concerned. We are here to make sure They are concerned that they cannot change the circumstances in a variety that anything we do will not hinder afford to send their kids to college. of ways, I fear very much that in the there getting a good education, but They cannot afford health care. They years to come we are going to lose the will enhance that possibility. are worried about the health care bills democracy that we have today. f for their parents. They are deeply wor- Why is it that so many people do not ried, and they look to Congress, and es- have faith in Government, and why is THE MOST IMPORTANT ISSUES sentially what they see is a Congress it that so many people do not partici- FACING THE AMERICAN PEOPLE which represents the interests of the pate in the political process? As I said The SPEAKER pro tempore (Mr. wealthy and the powerful, and forgets earlier, I think that has a lot to do ROGERS). Under the Speaker’s an- about the needs of the middle class and with the belief that most people have nounced policy of May 12, 1995, the gen- the working people of this country. that despite all of their problems and tleman from Vermont [Mr. SANDERS] is Mr. Speaker, in the article in the all of their needs, that the elections do recognized for 60 minutes. Washington Post on February 5, their not mean much because the people who Mr. SANDERS. Mr. Speaker, as the National Weekly edition, there is some are elected end up not representing or- only Independent in the Congress, what information that they received from a dinary people, but end up representing I would like to do is touch on a few national poll which should be of major the wealthy and the powerful. thoughts that my Republican and concern to all Americans, regardless of Unless we can create a political revo- Democratic colleagues often choose their political persuasions. Let me lution in this country by which Gov- not to address. There are a lot of very, quote a little bit from that article. ernment begins to stand up not just for very important issues which Congress I quote: ‘‘To measure how much those people who have huge amounts of discusses every week, but somehow or Americans know about politics and the money but for ordinary Americans, un- other we seem not to talk about some political system, the Washington Post, less we can reaffirm the faith of the of the most important issues facing the the Kaiser Foundation, and Harvard American people in the political proc- American people. ess and in their Government because The first issue that I would like to interviewed 1,524 randomly selected they see the Government responding to talk about is heightened by an article adults in November and December. their needs, I fear very much that we which appeared in the February 5 These Americans were asked 18 general are not going to increase voter turnout Washington Post National Weekly edi- knowledge questions about how their or get young people to understand tion. The article touches on an issue government works and who their lead- what democracy is all about. which I think all of us in this country ers are. An additional 21 political I think one of the problems that we should be very concerned about. That knowledge questions were asked in 4 have in this whole area is that there is the quality of American democracy, other national Washington Post polls. has been a tremendous misstatement of and to what degree we in America re- The surveys revealed a knowledge gap reality that has been going on for the main a vibrant democracy. that is deep and wide.’’ I would hope Mr. Speaker, all of us should be deep- that people listen to the following last number of years by the cor- ly concerned, no matter what our polit- paragraph. porately controlled media, I believe, and also by our two-party system. ical persuasion is, that in November, b 2000 1994, when the so-called Republican What has been going on is that when This is based on polling by the Wash- revolution took place, and the gen- people turn on the television and they ington Post working with other insti- tleman from Georgia, [Mr. GINGRICH] watch CBS or NBC, or they pick up tutions. Two-thirds of those inter- became Speaker of the House, all of 38 their local newspapers, what they are viewed could not name the person who percent of the American people voted hearing is the economy is booming, the serves in the U.S. House of Representa- in that election. Sixty-two percent of economy is growing, the economy is tives from their congressional district. the American people did not vote. The doing very, very well. vast majority of low-income Americans In other words, two-thirds of those Then the television people will tell did not vote. Young people in large polled did not know who was represent- them, well, gee, the stock market is at numbers did not vote. Working people ing them in the House of Representa- an all-time high. Then they will tell did not vote. tives. Half did not know whether their them corporate profits are doing very, What does it mean, Mr. Speaker, Representative was a Republican or a very well this year for the major Amer- when in Europe and in Scandinavia and Democrat. ican corporations. Then they will say in Canada and in other industrialized Then they go on, ‘‘Who is the Vice inflation is down and that is very good democracies, 60 percent, 70 percent, 80 President of the United States?’’ Who for the economy. The economy is grow- percent of the people come out to paris the Vice President of the United ing and millions of new jobs are being ticipate in the political process, but in States? Four in ten, 40 percent of created, all of which may be true, but the United States of America, we have Americans surveyed, did not know or it does not bear on the most important a major national election of great con- got it wrong. Forty percent of the economic reality, and that is what is sequence and 38 percent of the Amer- American people did not know the happening to the average American. ican people participate? What does that name of the Vice President of the Unit- It is not a question of whether the mean? ed States. stock market is soaring for the I think it suggests, Mr. Speaker, that It goes on, two out of three could not wealthy people who own most of the the vast majority of American people name the majority leader of the U.S. stocks. It is not a question of whether are giving up on the political process. Senate, ROBERT DOLE, who will be like- corporate profits are at an all-time They are hurting. They are in trouble. ly a candidate for President. Nearly high. The question is what is happen- But they look to the Government, and half, 46 percent, did not know the name ing economically to the average Amer- they do not see a government which re- of the Speaker of the U.S. House of ican? The corporate controlled media, sponds to their needs. I think what Representatives, NEWT GINGRICH, and and I think to a large degree—there are they instinctively understand is that on and on it goes. exceptions—the two political parties by and large, what happens here in It seems to me when 62 percent of the represented here have not addressed Congress and the decisions that we people do not participate in an elec- that issue. make here in Congress reflect to a very tion, when 40 percent of the people do That reality is that for the average large degree the interests of the not know the name of the Vice Presi- American, for the middle-class Amer- wealthy and the powerful, the people dent of the U.S., when two-thirds of the ican, the economy of the United States who can contribute $10,000 a plate to a people do not know the name of their is in a depression-like situation, and I Newt Gingrich-sponsored fundraising Representative to the U.S. Congress, use that word advisedly. dinner; the people who contribute $16 when many people, a majority of the The reality is that since 1973, 80 per- million in one night to a Republican people cannot name their two United cent of all American families have ei- Party fundraising dinner. States Senators, it seems to me that ther seen a decline in their incomes, H2210 CONGRESSIONAL RECORD — HOUSE March 13, 1996 decline in their standard of living, or companies coming to America to hire young people are not getting married. at best their incomes have remained our people at low wages, minimal bene- They cannot afford to get married. stagnant. Now, if 80 percent of Amer- fits, and I would say that that is a real Young families are not buying their ican families are seeing a decline in tragedy that this Congress has got to own homes. They cannot afford to buy their standard of living, or at best eco- address. their own homes. nomic stagnation, how can anybody Mr. Speaker, adjusted for inflation, Most of the new jobs that are out with any sense of integrity talk about the average pay for four-fifths of Amer- there are not paying working people a a growing or dynamic economy? For ican workers plummeted, declined by decent wage. Very often they are in the the middle class of America, we are in 16 percent, in the 20 years between 1973 service industry. They are flipping the midst of a major depression. and 1993. In 1973 the average American hamburgers at McDonald’s. They are When I go back to Vermont, and I go worker earned $445 a week. Twenty working in a ski resort. They are not back to Vermont almost every week- years later, accounting for inflation, jobs that are allowing people to come end, and I talk to the people through- that worker was making $373 a week. into the middle class. out my State, we hold many town Today the reality for the middle Mr. Speaker, the dream of America, hearings on what is going on here in class of America is that they are work- what the American dream is about, it Washington. We talk to people. What ing longer hours for lower wages. So is a dream that my parents had. My fa- do we find? I do not think Vermont, by despite what CBS or NBC or the New ther came to this country from Poland the way, is terribly different from the York Times may tell us, the reality is without a nickel in his pocket and our rest of the country. What we find from that for ordinary Americans, we are in family never had much money. But the our dairy farmers in the State of Ver- the midst of a severe depression. dream of what America is about is that mont, our small farmers, they are How many women all over this coun- as parents you work hard, you are pre- working 60, 70, 80 hours a week. Their try, we hear a whole lot of discussion pared to sacrifice so that your kids can income is declining, and many of them about family values here, and many of do better than you did, so that your are being forced off the land. us believe that if a woman wants to kids will have the opportunity to have What we find is for many of our stay home—and many women do not, the education that you never had. working people, they no longer work and that is fine—but if a woman wants I think one of the areas of anxiety one job at 40 hours a week. Forget to stay home with her kids, she has the and panic that so many middle-class about that. That is ancient history. right to do that. But what we are see- families are feeling now is not only Nobody works one job at 40 hours a ing in this country now are millions of what is happening to them, it is the week. What they have to do now is women forced to join the work force great, great worry as to what is going work two jobs, on occasion three jobs, because their family cannot make it to happen to their kids. It is not just in order to bring home the income that with one breadwinner, and I think that the kids who do not go to college. It is their family needs to survive. that is pretty unfortunate. even the college graduates, as well. Mr. Speaker, 20 years ago American Just the other day, just last week in Mr. Speaker, we are creating so workers were the best compensated in Burlington, VT, my hometown, I many low-paying jobs that right now, the world, and when people would say talked to a woman who said that be- Americans at the lower end of the wage America is No. 1, what they were talk- tween her and her husband they are re- scale are now the lowest paid workers ing about it that for the middle class of ceiving eight separate sources of in- in the entire industrialized world. That this country, their wages, their bene- come. Both of them are working dif- means if you look at what goes on in fits, their pension plans, their health ferent part-time jobs. They have one Europe, what goes on in Scandinavia, care, we were No. 1. kid. They very rarely have a chance to many other countries, what you are But something has happened over the have the whole family together. seeing now is that American workers last 20 years. CBS does not talk about That is happening all over America. at the low end are now, if you can be- it too much. The Speaker of the House Husbands do not see wives. Wives do lieve it, the lowest paid workers in the does not talk about it too much. Most not see husbands. Parents do not see entire industrialized world, and I think of the people in Congress do not talk their kids together. This is a tragedy, that is quite unfortunate. about it too much. But in that 20-year and it is a tragedy that the U.S. Con- Mr. Speaker, the majority of new period, Mr. Speaker, we went from first gress must address. jobs in this country today pay only $6 in the world to 13th in the world, and Mr. Speaker, as bad as the situation or $7 an hour. They offer no health care now our standard of living is far behind is for middle-aged, middle-class work- benefits. They offer no retirement ben- many of the countries in Europe and in ers, there is another phenomenon going efits, and they offer no time off for va- Scandinavia. around and going on that deserves a cations or sick leave. In fact, more and One of the very interesting things whole lot of discussion. As bad as it is more of the new jobs being created are that is happening, and it is a sad state- for middle-aged folks, it is far, far part-time jobs or temporary jobs. ment to make, is that increasingly we worse for young workers, and this is In the State of Vermont, I hear from see European companies coming to the pretty scary stuff. people who say, well, I have to go out United States and starting factories When we ask why the average Amer- and have two 20-hour jobs because the here. There is nothing wrong with that. ican is angry or why the average Amer- local grocery store is not hiring any- That is a good thing. ican is nervous or anxious, it is not body at 40 hours anymore. They hire But why are European companies just that he or she is working longer two people at 20 hours so that they do coming to the United States of Amer- hours for lower wages. That is pretty not have to pay benefits or provide ica? The answer, and it really would bad. But they are terribly worried health care or any other type of bene- have shocked our parents or any of us about what is going to happen to their fits that a full-time employee might 20 or 30 years ago, they are coming to kids, and I speak as somebody who has receive. Many employers now consider the United States today for cheap four kids. 27 hours a week full-time jobs. labor. They are coming to America for What is happening is in the last 15 In 1993, if we can believe this, one- the same reason that American compa- years, the wages for entry-level jobs for third of the U.S. work force was com- nies are going to Mexico. young men who are high school grad- prised of, quote-unquote, contingent In my State of Vermont we have uates has declined by 30 percent, three- labor. skilled workers, hard-working people, zero percent. For young women it has b who earn $7 an hour, who earn $8 an declined by 18 percent. Wages for 2015 hour and less without benefits, who are entry-level jobs for college graduates The largest employer in the private skilled and hard-working people. You have also declined for men. sector today is not General Electric, it cannot get the type of labor in Europe, What about young families? Families is not General Motors, it is Manpower you cannot get that type of labor in headed by persons younger than 30 saw Inc. So more and more of our workers Scandinavia, because the wages paid in their inflation-adjusted median income are having to go out and find a job for those countries are much higher. So all collapse by 32 percent from 1973 to 1990. 2 months, they are finding a job for 3 over America, what we are seeing is What the result of that is, is many months, but they are not having any March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2211 security on the job. They are not mov- Now, it is important again to reit- Further, in terms of income distribu- ing up the ladder. They are working for erate the kind of jobs that are being tion, that means what people are earn- a couple of months, then they are gone, created. President Clinton, and Presi- ing every year, the highest earning 4 no benefits no security. Then they have dent Bush before him and Reagan be- percent make more money than do the to go out, and they have to hustle a fore him, they touted the growth of bottom 51 percent. Prof. Edward N. new job. That causes, to say the least, millions and millions of new jobs. Well, Wolf, who is a professor at New York a great deal of stress for the American they are right. Millions of new jobs are University, concluded the most recent work force. being created. But what kind of jobs study of America’s concentration of Mr. Speaker, when we talk about are they? Are they jobs that people can wealth by saying, and I quote— why wages are in decline in the United work at and become members of the We are the most unequal industrialized States and why the new jobs that are middle class, or are they jobs that peo- country in terms of income and wealth, and being created are primarily low wage, ple work at and after 40 hours of work we are growing more unequal faster than the part time temporary jobs, one of the they are further behind the 8-ball than other industrialized countries. reasons for that is the major decline in when they started? You know, I think it is appropriate manufacturing jobs in America and the Mr. Speaker, between 1979 and 1987, every now and then that we talk about major decline in middle-level white- there were over 4.4 million jobs cre- things like justice, like decency, terms collar management, middle-level white ated. That is pretty good, 4.4 million we do not hear too much on the floor of collar management jobs as well. jobs. And that is the information that the House. We have got to ask our- In the past 10 years, the United we see in the newspapers, that we hear selves some basic questions: Is it just, States lost 3 million white-collar jobs; on television, millions of new jobs is it right, that the wealthiest 1 per- 1.8 million jobs in manufacturing were being created. That is the good news. cent of the population in America owns lost in the last 5 years alone. There is But what is the other side of that more wealth than the bottom 90 per- a wonderful word that is out there now equation? Of that 4.4 million new jobs cent? Is it appropriate to be seeing in in the American vocabulary, and that being created between 1979 and 1987, 3.6 our economy today a significant in- word is downsizing. Corporate America million of them were at poverty-level crease in millionaires and people on does not even have the guts to use the wages. So what you are having is new top, while at the same time more and word firing any more. But they are jobs being created, but, unfortunately, more people are forced to work for pov- using the word downsizing. the vast majority of them are at poverty level jobs? All over this country, in virtually erty level wages. Mr. Speaker, during the 1980’s, the every major American corporation, we Mr. Speaker, as I mentioned earlier, wealthiest 1 percent of families saw are seeing massive layoffs at a time, I we now have the dubious distinction of their incomes rise by 80 percent. So, for should mention, when corporate profits being the country in which our low- the people on the top, the economy is are at an all-time high. wage workers are now poorer than in doing fantastically. In the same dec- Mr. Speaker, five companies alone, any other country in the industrialized ade, the 1980’s, the bottom 90 percent of world. Ford, AT&T, General Electric, ITT, families saw their income rise only 3 Mr. Speaker, in addition to that, if and Union Carbide, laid off over 800,000 percent. Most people saw a decline in parents and working people cannot American workers in the last 15 years. earn a decent living, how are they their standard of living. No wonder While decent-paying jobs continue to going to take care of their children? that the richest 1 million families disappear, the number of involuntary And the answer is they are not. today own more than 84 million mid- part-time workers tripled between 1970 One of the areas we should be ter- dle-class working and poor families put and 1993. ribly ashamed of, and I fear Republican together. Mr. Speaker, there have been studies policies are only going to make a disas- Mr. Speaker, when we talk about eco- that have been done which have shown, ter even worse, is that 22 percent of our nomic growth, all of us are in favor of if you can believe it, a correlation be- children today live in poverty. We have economic growth. But there is some- tween the compensation that the CEO’s by far the highest rate of childhood thing wrong when the vast majority of for the largest corporations in America poverty in the industrialized world. We that income growth goes to the people receive and the downsizing that they have some 5 million children who go on the top, the people who make do. It appears that it is a wonderful hungry every single day. $200,000, $300,000, $400,000 a year; mean- thing to be rewarded, that the heads of Now, Mr. Speaker, I have talked for a while the middle class is shrinking, AT&T and the large corporations are moment, actually for more than a mo- people work longer hours for lower throwing thousands of American work- ment, about what is going on for the wages, and the jobs available to mil- ers out on the street and in return middle class and the working people of lions of working Americans pay $5 an what they get are very large bonus in- this country. hour or $6 an hour. creases and salaries and very positive But there is another reality out Mr. Speaker, there is another issue and beneficial stock options for them. there. And that is, while the middle that really needs to be addressed be- The more workers you can throw out class is shrinking, while more and cause I think it really smacks of ob- into the street, the more money you more workers are receiving poverty scenity, and that is that in 1980 the av- make. And I think this is a very sad level jobs, there is another reality that erage CEO in America, the corporate, statement about the culture of cor- is taking place, and it is a reality that the chief executive officer of a major porate America at the present time. we do not talk about enough on the corporation, that CEO earned 42 times Mr. Speaker, when we talk about in- floor of the House, and it is a reality what the average factory worker dustries, clearly one of the reason is a that we do not hear about on tele- earned. very simple fact: The average Amer- vision, virtually at all, and that is that Today, according to recent reports, ican today is working far harder and today, at the same time as the United the CEO’s of the major corporations far more hours than was the case just States has by far the highest rate of are now earning 200 times what their 20 years ago. childhood poverty in the industrialized average worker is earning. Mr. Speaker, according to recent world, we also by far have the most un- Just this last year, a report that I studies, the average American is now equal distribution of wealth in the in- saw indicated that the compensation, working 160 hours a year more than he dustrialized world. that is, salaries, bonuses, stock options or she worked in 1969, 160 hours. That is I know we are not supposed to talk for the major CEO’s went up by over 23 1 month extra. That means people are about that. That is something that is percent. Meanwhile, workers were get- now forced to work, not to bring in in- kind of a little bit dirty, and we are ting 2 or 3 percent increases in their income, to work overtime, they are not supposed to talk about that here in come. working two jobs, working three jobs, the Congress. But the reality is the I think ultimately we have to ask women are now forced to go out into wealthiest 1 percent of the population ourselves whether the CEO’s of the the work force. The number of Ameri- in America own over 40 percent of the largest corporations need to eat 200 cans working at more than one job has wealth of America. They own more times more than their workers, need to almost doubled over the last 15 years. wealth than the bottom 90 percent. spend 200 times more for education for H2212 CONGRESSIONAL RECORD — HOUSE March 13, 1996 their kids than the average middle- But more than that, we are attempt- We can save a lot of lives by having class person, should have 200 times ing to come up with sensible solutions people going out into our communities. more income, to take care of their that would allow the middle class of We should be putting more money into health care needs of their parents than this country to expand, to grow, rather Head Start, not less money; hiring the average middle-class person. than to see it shrink. So let me, if I more people for child care, not cutting I think we have got to bring the issue might, just suggest six or seven areas back on those important areas. of justice back home again and say to that I think this country and this Con- So it seems to me that, rather than the CEO’s of the major American cor- gress should been moving forward in. spending $100 billion a year defending porations, the people who are Europe and Asia, bring the money back b 2030 downsizing all over this country de- home, put our people to work, making spite recordbreaking profit, the people Mr. Speaker, given the fact that the country a richer country, improv- who are taking our jobs to Mexico and most of the new jobs that are being ing our physical and human infrastruc- to China, it is wrong, it is wrong for created are low wage jobs, many of ture. you to be earning 200 times what your them are part-time jobs, many of them Mr. Speaker, there is another area workers are earning. It is your workers are temporary jobs, this Congress must that needs to be discussed which gets who have created wealth in your com- raise the minimum wage. In my view it relatively little discussion on this pany, and you have got to have a little should be raised to at least $5.50 an floor, and that is our current trade pol- bit of decency, and you have got to hour. icy. In my view, our current trade pol- share it, and you cannot gobble it up Mr. Speaker, the current minimum icy is a disaster. I think that, sadly, all for yourselves and your families. wage of $4.25 an hour is in terms of pur- tragically, all of us in the House who There is a limit to the number of auto- chasing power 26 percent less than it stood up and said ‘‘NAFTA was not mobiles you can have, a limit to the was 20 years ago. In other words, our going to work,’’ unfortunately, we were number of cars you can have, the work- minimum wage workers today are far proven right. What we have seen is many tens of ing people of this country, the middle poorer than was the case 20 years ago. thousands of American jobs lost to class of this country, they also have a Mr. Speaker, we hear a whole lot of NAFTA. We have seen a trade deficit right to have health care for their kids discussion about welfare reform and grow with Mexico. We have learned and their parents, they also have a the need for people to go out and work. that the Mexican Government lied to right maybe to go on a vacation every I believe that. But I believe that, if us about the state of their economy. once in a while, they have a right to somebody works 40 hours a week, they They devalued their peso which neces- send their kids to college also. are entitled to live above poverty. I do sitated President Clinton to propose a The fact that we have such a gro- not think that people are making it at $50 billion bailout loan guarantee for tesquely unfair distribution of wealth $4.25, $4.50, or $5 an hour without bene- Mexico, which many of us opposed. I and incomes is an issue that this Con- fits. You cannot raise kids on those brought forth legislation on the floor gress must address, and it has to ad- wages. of this House which would have forced dress. So I think that, given the fact that Mr. Speaker, one of the areas that the minimum wage in terms of pur- the President to come to Congress be- has been discussed a great deal lately chasing power has declined by 26 per- fore lending Mexico any more money as is taxation. Taxation, everybody wants cent over the last 20 years, we have got part of the bailout. Unfortunately, that tax reform. I would just simply point to have the courage to raise the mini- did not get through the Senate. But it is not just NAFTA and it is out that, according to a study con- mum wage. In my view it should be not just GATT, it is our entire trade ducted by the House Committee on raised to at least $5.50 an hour. policy. This year the United States will Ways and Means, the top 1 percent of What is happening around this coun- have a trade deficit of about $160 bil- taxpayers saved an average of $41,000 in try because of the failure of Congress lion. People say, so what? What does it 1992 over what their taxes would have to act, a number of States, including mean to me? I don’t care. been at 1977 rates. In other words, one the State of Vermont, are themselves trying unilaterally to raise the mini- Let me tell you what it means to of the scandals that we have seen is the you. The economists estimate that, if a mum wage. I applaud that matter. But result of the tax reforms of 1977, 1981, company were to develop a plant in the the truth of the matter is the best way and 1986 is a major cutback in the tax United States that produced $1 billion for it to be done, it should be done in rates of the largest, the wealthiest peo- of export, exported $1 billion on prod- 50 States in America, not in 5, not in ple in America, and the largest cor- uct, on average, that company would 10. Let us do that. Let us raise the min- porations. be hiring 20,000 American workers at imum wage here in Congress to at least In fact, in 1977, if Federal 1977 indi- decent wages. What that means is when $5.50 an hour. vidual tax rates had still been in effect you have a $160 billion trade deficit, Mr. Speaker, the second area that I in 1992, the Nation’s wealthiest top 1 when you are importing $160 billion think we need to take a hard look at is percent would have paid $83.7 billion more in goods and services than you creating jobs right here in America more in taxes which is about one-half are exporting, that equates to the loss rather than continuing to defend Eu- of the Federal deficit today. of 3 million decent jobs. So, maybe Mr. GINGRICH and his rope and Asia against a nonexistent Mr. Speaker, just this last weekend I friends would not have had to propose enemy. Many taxpayers may not know was at a mall in Vermont. I was just slashing Medicare, Medicaid, edu- this, but our Government continues to looking around at the goods that were cation, environmental protection, vet- spend about $100 billion a year defend- available and went into one of the erans’ programs, the needs of our lit- ing Europe and Asia against whom we stores where they were selling tele- tlest kids, maybe they would not have are not quite sure. It seems to me we visions and VCR’s, went into another had to propose that the wealthiest 1 should take that $100 billion, being it store selling clothing. I would urge percent of our people, whose incomes back home to rebuild both the physical Americans to do that and take a look are soaring, had paid, were able to pay, and human infrastructure of the Unit- at the labels as to where these products had paid their fair share of taxes. ed States of America. are made. Increasingly what you see is: Mr. Speaker, let me chat for a mo- Mr. Speaker, we can put a heck of a Made in China, made in Malaysia, ment about some suggestions that I lot of people back to work doing mean- made in Mexico, made in El Salvador. and other Members of Congress are ingful work, rebuilding our roads, our What is going on is that major Amer- making. I am the chairman of the mass transportation, our bridges, our ican corporations have basically de- House Progressive Caucus, which now schools, our libraries. In terms of serted the United States of America, has 51 members, and the Progressive human needs, we can save a whole lot taken their factories to very desperate Caucus has been attempting to lead the of misery by hiring qualified people in Third World countries where people effort, with success, against the disas- terms of disease prevention, getting have to work for horrible wages. trous policies of the Contract With people out, working against smoking, I remember several years ago going America and Mr. GINGRICH’s Repub- against teenage pregnancy, against to Mexico as part of the NAFTA de- lican Party. AIDS. bate, and going into a factory there March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2213 where it was a very state-of-the-art tire trade policy. Do we build a wall tears of forming a union, they sit down factory, a very sophisticated modern around America? No. Do we think that to negotiate their first contract, and factory. Most of the people there were trade is a bad thing? No. Trade is a the owners refuse to negotiate in good women who were hard-working, good very good thing. But we want to de- faith and they drag it on and on and people. They were earning $1 an hour. velop a trade policy which allows us to the union gets lost. It seems to me that We left the plant and walked a quarter export roughly as much as we import. should be illegal. An owner should ne- of a mile down the road to see where We want to have the option of pur- gotiate in good faith with a union, and the folks were living. Where they were chasing foreign products. There is if the company does not do that, dis- living was in shacks, often without nothing wrong with that. But we need ciplinary action is taken against that running water, often without elec- a trade policy which puts Americans to company. tricity. work building the goods that we can Mr. Speaker, another issue that I Even worse, as bad as the economic build so well. Our workers are second think needs to be addressed that is an situation is in Mexico, it is, of course, to none in the world, if they are given issue that we hear very, very little dis- worse in China. When our friends at the the chance. But the truth of the matter cussion about on the floor of this Nike sneaker company or the other is, we do not talk about it too often, House now, which is the crisis in major sneaker companies leave the but corporate America is selling out health care. Many of us right now are, United States and go to set up their the middle class and working class of of course, preoccupied fighting against plants in China, what they are doing this country when they run to China GINGRICH’S massive cuts to Medicare there is hiring workers at 20 cents an and they run to Mexico. We need a se- and Medicaid and other health care hour; 20 cents an hour. ries of policies to get those companies programs. So what you are doing, it is a worthy to reinvest here in the United States of What we are trying to do is see that exercise. Take a walk through the mall America. these cuts do not take place, to see and see where products are manufac- Mr. Speaker, there is another issue that elderly people do not have to pay tured. Increasingly where you are which I am working on, which some double the premiums that they are going to see these products manufac- other Members of Congress are working paying today in 7 years, that we do not tured is in desperate Third World coun- on, that needs to be addressed, and that see massive cutbacks to hospital, gen- tries. is that when we try to understand why eral rural hospitals in particular, Mr. Speaker, whenever we have a the standard of living of working peo- which might close down hospitals. war, our multinational corporations ple has declined, when we try to under- In terms of the cuts in Medicaid, we become very patriotic and tell us how stand why the middle class is shrink- do not know what will happen to the much they love America and how much ing, it is important to understand the elderly people who need nursing homes, they support the young men and correlation between the decline of the who will not be guaranteed nursing women who are prepared to put their standard of living of working people home care. We do not know what will lives on the line defending America. and the decline in the trade union happen to the middle-class families They have big parades and are just ever movement in America. so patriotic. It seems to me that if working people who today can see their parents taken I hope very much that the CEO’s of are going to get justice, if working peo- care of well in a nursing home through the major American corporations ple are going to earn decent wages at Medicaid, but will no longer have that would begin to show us their love of the place that they work at, if working guarantee that that will take place. So this country and patriotism by maybe people are going to get decent rep- while we are fighting those terrible not running to China and Mexico, but resentation here in Washington or in cuts, we must not lose track of the real reinvesting back home here in the their State capitals, it is important for need for fundamental health care re- United States of America. the U.S. Congress to develop policies form in America. I think this is an issue I know that which allow working people to join When we talk about health care, we the Progressive Caucus and other Mem- unions, if that is what they want to do. have got to understand several basic bers of Congress are prepared to ad- Mr. Speaker, there are a whole lot of facts. No. 1, the health care crisis dress. It makes zero sense to me, Mr. workers who do not want to join a today is worse than it was 3 years ago Speaker, that we continue to give huge union, and that is their right. No ques- when we had this big debate on health tax breaks to large corporations who tion about it. But in my view, and I care. It is not better, it is worse. are downsizing their work force, de- think the studies indicate this, there Today, over 40 million Americans have spite record breaking profits, who are are millions of working people who zero health insurance. More than that taking our jobs to Mexico and China. It want to join unions, who understand have inadequate health insurance. seems to me those are not the compa- that workers who are in unions earn These are the people with very high nies that should be receiving major tax significantly more than nonunion deductibles. They do not go to the doc- breaks. workers. tor because they cannot afford the de- Frankly, Mr. Speaker, it seems The problem right now is that the ductible, they cannot afford the wrong to me that, given the fact that deck is very much stacked against copayment. the U.S. Government is the largest pur- workers who want to join unions. De- Furthermore, what we have got to chaser of goods and services in the en- spite the law, which is routinely ig- understand is that despite the fact that tire world, not just military, but many, nored by company after company, 40 million Americans have no health many products, that we should begin to those workers who are trying to form a insurance and so many people are think about preferential treatment for union are fired, they are laid off, they under insured, that the United States those companies, and there are many are disciplined. Workers are terrified today continues to spend far more per of these companies who are reinvesting they are going to lose their jobs. Com- capita on health care than does any in their communities, who are hiring panies threaten workers that they are other major industrialized nation on American workers at decent wages. going to go to Mexico or shut down the Earth. We have got to take a hard look at whole place if a union comes. b 2045 this issue. We have got to give support It seems to me if we are interested in to those American companies that are raising income for the working and We are spending more for a terribly doing the right thing. And they are out middle class, we need major labor law bureaucratic and wasteful system that there. They are treating their workers reform. The essence of that labor law rewards the insurance companies with with respect and with dignity. They reform must be that if 50 percent of the huge profits, that pays the CEO’s of the are showing us their patriotism, be- workers in a shop vote to join a union, major insurance companies huge sala- cause they are not running to Mexico plus one, they have a union. We need ries, that rewards certain doctors with or China, but they are supporting their legislation that compels the company huge incomes, that allows our pharma- communities, the communities that to sit down and negotiate in a serious ceutical companies to charge our peo- made them money in the first place. way with those workers. ple in America far more for the same So I think, Mr. Speaker, we have got Too often in America, after workers product that they sell in Europe, or in to take a fundamental look at our en- go through all the blood, sweat, and Canada, or in Mexico. So I think we H2214 CONGRESSIONAL RECORD — HOUSE March 13, 1996 have got to move toward a simple, non- people. But I think that we have got to there is no question about that. But I bureaucratic health care system which create a situation in which every think those problems are solvable. I do guarantees health care to every Amer- American has the ability, should be not think there is anything that I have ican. That is what our vision must be able to run for President of the United discussed today, the lack of a national when we talk about family values. States, should be able to run for the health care system, decent wages for What we must be saying is that every Senate, should be able to run for the our middle class growing out between family in America knows that they House, should be able to run for Gov- the rich and the poor. I think those will be able to go to the doctor of their ernor, and not just millionaires. And problems are solvable. But I want to choice without worrying that they are what we are seeing is not just on the say this. Those problems are not going going to go bankrupt. presidential level. Do not kid yourself. to be solved if tens of millions of Amer- So, Mr. Speaker, while we continue More and more people who are running ican people continue to turn off to the the fight against these disastrous cuts for the United States Senate or run- political system. People fought and in Medicare and Medicaid, we must ning for the United States House of died to continue this country as a de- hold out the vision for a single-payer, Representatives are millionaires. The mocracy, and we are insulting those State-administered health care system leadership of both parties is soliciting people when we say, oh, politics, hey which guarantees health care to all those people. It is pretty easy. You do that is all crap, they are all crooks, I people, and in fact we can guarantee not have to worry about raising funds am not going to get involved. Wrong. health care to people, to every man, for these guys. They are millionaires; And I want to say this also; that woman, and child in America, and we they will pay for it themselves. there are people in Congress and in can spend less than we are right now And we are seeing this also not only government who really do not want or- with our wasteful, and bureaucratic, here in Washington, you are seeing it dinary Americans to vote and to par- and inadequate system. in State capitals as well. Millionaires, ticipate in the political process be- Mr. Speaker, I think the last point you know, became Governor of Louisi- cause, if you only have a small number that I want to touch on has to do with ana not so long ago, and that is the of people who are voting, as in the last campaign finance and election reform, pattern. election where we had 38 percent of the and that is, as I think many Americans Is that what we want for America? Is people, then big money can dominate understand, it is not a level playing that what people fought and died for, what goes on if ordinary people in the field in terms of what goes on here. We to defend democracy for, that we end middle class do not participate. have our freshman Republican class up having people with huge amounts of So let me simply conclude by saying who are revolutionaries, and they cer- money running the government? I do this country has serious problems, but tainly are. Mr. Speaker, as I under- not think so. I do not think that is they are solvable problems. We can cre- stand it, they have broken all of the right. ate policies by which the middle class records from any other class in the his- So I think we want to revisit Butler will expand rather than shrink. We can tory of Congress in raising corporate versus Valeo, the very wrong-headed create policies by which we do not have PAC money. The biggest corporations; Supreme Court decision which basi- that is pretty revolutionary, I suppose, $160 billion a year trade deficit. We can cally said, gee, millionaires and bil- create policies which move us toward a getting far more than any other class lionaires have a constitutional right, a has received. balanced budget in a fair way, by deal- freedom of expression, to buy elections. Mr. Speaker, 29 percent of the mem- ing with corporate welfare and defense I think that is wrong, and I think bers of the United States are million- spending rather than slashing Medicare aires. My understanding is 25 percent through a constitutional amendment and Medicaid. We can improve edu- of the freshman Republican class are or perhaps rethinking on the part of cation in this country and make col- millionaires, millionaires, and it seems the Supreme Court we have got to re- lege affordable for every middle-class to me, Mr. Speaker, that if we do not visit that issue. Wealthy people should and working-class young person. We do want to convert the House of Rep- not be able to buy elections. not have to continue to have, by far, Second of all, if we are talking about resentatives, the people’s body, into a the highest rate of childhood poverty fairness and elections, the most impor- House of Lords, we need some pretty in the industrialized world. We can ad- fundamental campaign finance reform tant issue is to limit the amount of dress those issues. But we will not ad- which takes away the ability of big money that can be spent in an election, dress those issues unless ordinary peo- money interests to continue to domi- and we can argue whether for a House ple begin to stand up, and fight back, nate what goes on here in the Congress. race that should be $400,000, $500,000, or and make the effort to reclaim this Let me just briefly touch upon some $600,000, but that is the most important government which belongs to them. It of the issues that I think must be ad- thing. If somebody has $2 million, does not simply belong to the million- dressed in any serious campaign fi- somebody has a hundred thousand dol- aires and billionaires who have used nance reform legislation. lars, the guy with the $2 million is this government for their own inter- No. 1, we have got to revisit the issue going to win the vast majority of the ests. It belongs to ordinary Americans, of very, very wealthy people being able time, no matter how good or bad that middle class and the working people of to buy elections. I have nothing per- person may be. So we want to limit the this country. sonally against Steve Forbes, or Ross amount of money that can be spent. So I hope, Mr. Speaker, that we can Perot, or anybody else, so it is not a And third, we want to make sure that see a reinvigoration of democracy in personal criticism of them. But I really the money itself is not coming from this country, serious political debate think it is unfair that people who are wealthy, powerful interests, but from about how we can improve life for the just born or perhaps made hundreds ordinary people, and I think what we vast majority of our people. That is my and hundreds and millions of dollars, probably want to do is have a combina- hope, and I think if people do that, we that they have the freedom to get up tion of small contributions balanced are going to see some really good and say, well, you know, getting bor- off against public funding of elections changes in this country. ing, you know, middle age, tired of my so we do not have to have spectacles of f business career. I think that I am the Republican National Committee, I going to run for the President of the guess it was, holding a fundraiser in MESSAGE FROM THE PRESIDENT United States. Why not? Let us take Washington, DC, and on one night rais- A message in writing from the Presi- out $25 million, $50 million out of the ing $16 million, and Mr. GINGRICH going dent of the United States was commu- old checking account. No problem. We around the country at $10,000 a plate nicated to the House by Mr. Kalbough, are worth a billion dollars, we are fundraisers, and in fairness it is Repub- one of his secretaries. worth a half a billion dollars, and guess licans who do this; the Democrats do it f what? We will break the monotony. We as well. And I think we want to end will run for the President of the United that type of politics. THE NEW POPULISM States. Gee, that must be a lot of fun. Mr. Speaker, I would simply conclude The SPEAKER pro tempore. Under a So I have nothing against Steve my remarks by suggesting that this previous order of the House, the gen- Forbes or Ross Perot; they are fine country faces some serious problems; tleman from Florida [Mr. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2215

SCARBOROUGH] is recognized for 60 min- a business and have become successful. and into the 21st century, and why the utes. That to me is the American dream. American people are standing up and Mr. SCARBOROUGH. Mr. Speaker, I That is not something we should dis- saying enough of big government, certainly enjoyed listening to the last courage. That is something we should enough of government telling me how speaker that came to this floor, and I encourage and something that we to spend my money, enough of govern- think there are a few things that, de- should be excited about. ment telling me how to educate my spite the differences in opinion on But let me tell you something, and children, enough of government telling many things, I think there are a few let me just say, if the previous speaker me how to protect my family, how to things that we can agree on. I think we has been in Congress for the past 4 protect my streets. can agree on the fact that more Ameri- years, I will guarantee you that he Americans have had enough of big cans do need to get involved in the po- made more money over the past 4 years Government. We have failed. The Con- litical system, and I do believe that a than I made and my family made. gress of the United States, over the lot of people have tuned it out, and Now I understand what it is like to past 40 years under liberal rule, has that has been unfortunate, but that we be in the working class, to barely make failed to achieve its mandate. Back in have to do what we can to help middle- enough money to get by every 2 weeks, 1965 LBJ started the Great Society, the class families expand that middle class to not have enough money to put aside war on poverty. But it is a war not on and to contribute. for health care, to not have enough poverty but on families, on hard work, But I have got to say that is about money to put aside for your children’s on discipline, on personal responsibil- where the similarities end, because un- college programs. I understand what ity, and a war against those very peo- like the previous speaker, I do not be- that is like, and it is extremely dif- ple that LBJ thought he was going to lieve the answers lie in Washington, ficult and excruciating. But at the help. DC. In fact, I think most of the prob- same time I am not going to run All you have to do is drive through lems that afflict middle-class Ameri- around and try to whip up class war- the torn-out ghettoes in South Central cans come from Washington, DC. Now fare simply for my own political pur- L.A., or in the South Bronx, or in Gary, that is not demagoguery, it is not sim- poses or agenda. It just does not make IN, or in Philadelphia, and ask yourself ple-mindedness. It is just reality. good sense. a basic question: Are those people He spoke for some time about what I But if you want to talk about what today better off than they were 30 would call class warfare, talking about, Americans are really angry about out years ago, before the Federal Govern- oh, the big business men and women there today, it is not the populism of ment started tampering with their that make all that money, that steal old, it is not the populism of William lives and trying to micromanage every from the middle class, that steal from Jennings Bryant when he stormed social ill that was out there? The clear the working class. And we have heard across the country almost a hundred answer is no. that type of class warfare come out of years ago talking out against rich peo- The Federal Government is ill- the White House for the past few years, ple, and people who dared to be suc- equipped. Our Founding Fathers knew we have heard it on the floor of the cessful, and corporations. Now we have that. Thomas Jefferson knew that, House here, and I just—it strikes me as a new populism, and it is a populism when he said, ‘‘The government that being very interesting because I look that helped elect me and others, and it governs least governs best.’’ Jefferson back over my background, look back is a populism that focuses on big gov- did not say that because he was anti- over my history, and I remember grow- ernment more than big business, be- government, he said that because he ing up in a very middle-class family. cause for an American family earning was pro-freedom, and because he be- We certainly were never wealthy by $30,000 or less, or $40,000 or less, that is lieved in the goodness of the American any stretch of the imagination growing having trouble getting by week after people, because he believed in the up, and I remember, in fact, my father, week after week, and paying those greatness of the American character, being one of the first people in his fam- bills, and being able to afford health because he knew from his experience ily to graduate from college, and to go care, being able to afford to take their with King George III in Great Britain off and get a good job and work for the children to the doctor, or to the hos- that the answer did not lie with a high- first 7, 8 years of my life. But then, pital, or to get the prescriptions filled, ly centralized monarchy, the answer when there was a recession, he lost his or to afford to put aside a few dollars was out in the community, was out in job, and I remember him driving for their children’s education fund, it is the country, was out on the farms with around across the southeast, small not big business that is taking away all the goodness of the American people. towns throughout Georgia, Alabama, their money. It is big government. There was a debate earlier this and Mississippi looking for a job, and I And look at the historical trends. evening on education. We had people was with him. We spent, in fact, a sum- Back in the 1950’s, the average family that have supported the liberal view mer doing that in the car, driving spent 4 percent of their revenue, their for the past 40 years, the centralization across the southeast looking for gain- take-home pay, on Federal taxes, 4 per- view for the past 40 years, come to the ful employment for my father. cent. floor and say what was causing the But you know during that entire problems in this country was simple, b time, when we went through the dif- 2100 that we were not spending enough ficult times that we went through, I Four percent. Today the average money on our Federal education bu- cannot remember one single time when family spends at least, on average, 26 reaucracy; that these bureaucratic pro- my parents said to me, ‘‘Joey, look at percent to pay taxes to the Federal grams needed to expand, that we need- that doctor’s house over there,’’ or Government. Now, if you add up the ed to raise taxes, send more education ‘‘Look at that lawyer’s house,’’ or impact of taxes, fees, and regulations dollars to Washington, drain more edu- ‘‘Look at that person that started their that the Federal Government throws cation dollars out of the community, own business. We should resent them. on the average American family, they drain more education dollars out of How dare they actually go out and work 50 percent of their year paying off schools, drain more education dollars make money?’’ taxes, fees, and regulations placed on out of teachers’ paychecks, drain more I mean I just do not understand them by the Government. They see it education dollars out of computers, where this idea comes from that we are every 2 weeks in their paycheck. Look send them to Washington, DC, so Big somehow going to build up the middle and see how much the Federal Govern- Brother, a Federal bureaucracy, could class and working class and blue-collar ment takes out. decide what to do with those education Americans by tearing down those who Yet, we still have people standing on dollars. actually get up early in the morning, the floor of the House of Representa- Mr. Speaker, some of the people that like many of our blue-collar workers tives in 1996 wondering why Americans were on the floor today were condemn- and working-class families do that go are angry with the Federal Govern- ing what we are trying to do, but what to work all day, that have invested ment, wondering why a revolution that we are going to do is empower the their time, and their money, and their started in 1994 is going to sweep teacher, empower the parent, empower effort over 10, 20, 30 years, and built up through the turn of the this century the local school system. However, they H2216 CONGRESSIONAL RECORD — HOUSE March 13, 1996 said that we ‘‘* * * wanted to destroy is not true. We have spent all this Alice Rivlin has called, ‘‘legislative public schools.’’ money coming up to Washington, DC, laboratories,’’ where we allow 50 States Mr. Speaker, that is very disturbing and yet, if you go through the State and hundreds of communities and thou- to me. Of course, I have to recognize budgets for education departments, the sands of school boards to experiment who the source is, because these were average State only receives 6 percent with education and to decide how they the same people that called us Nazis of their money on education from want to educate their children, instead for wanting to balance the budget, for Washington, DC. Yet, an Ohio study of having this cookie cutter approach. trying to only spend as much money as showed that they get over 55 percent of Mr. Speaker, if you tell people that we take in. They called us Nazis be- their paperwork and their bureaucratic you want to do this, they throw up cause we did not want to rob from fu- redtape from Washington, DC, so they their arms and they say what would we ture generations, we did not want to are not getting a return for their in- do without a Federal education bu- rob from our children or from our vestment. reaucracy? What would we do without grandchildren. They called us Fascists The money is sucked up to Washing- the Federal Department of Education? because we believe that Americans de- ton, DC, out of the schools and the We would do the same thing that we serve to be able to control their des- communities, and as it comes up here, did for the first 204 years in this con- tiny more than a Federal bureaucracy what do we get for it? What do they stitutional Republic. We would keep it in Washington does. But anyway, let us send back out? All you have to do is out of Washington, and we would em- fast forward it to tonight, they said look at last year’s budget to find some power the communities and the teach- that we wanted to destroy the Amer- pretty strong anecdotal evidence on ers and the parents and the students. ican public education system. what the Department of Education is That makes good sense. Let me tell the Members something, doing with my money and your money. Our Founding Fathers knew that Mr. Speaker, I can give two good rea- They have cut $100 million in upkeep to made good sense. James Madison said: sons why we do not want to destroy the keep schools safe, to keep infrastruc- We have staked the entire future of the public school system in this country, ture safe, to keep ceilings from falling American civilization not upon the power of why I do not personally, two very per- down on children, cut $100 million out government, but upon the capacity of the individual to govern themselves, control them- sonal reasons. One is Joey, age 8, and of school upkeep budgets. Yet, last selves, and sustain themselves according to another is Andrew, age 5, who are my year they increased funding for their the Ten Commandments of God. two children, my two boys who are in own bureaucracy’s upkeep, for their The 10th amendment to our Constitu- Pensacola, FL, this evening, and who own single building down the street, by tion that Madison helped draft said tomorrow morning will go to public $25 million. Basically, they take $100 ‘‘All powers not specifically given to school. million away from our children and the Federal Government are reserved I have a vested interest in education. their schools and their safety to make to the States and to the citizens.’’ I have a vested interest in public their building a little more plush, a lit- There is nothing in our Federal Con- schools. I have a vested interest in try- tle more inhabitable. Again, it is a stitution, the United States Constitu- ing to end the insanity that this Fed- classic example of how we are not even tion, that Madison helped draft about eral Government has been pursuing for robbing Peter to pay Paul, we are rob- an education bureaucracy in Washing- the past 15, 20 years on education. It is bing our children to pay off bureaucrat ton, DC., but if we look at all 50 State my two boys. salaries. I think it has to stop. Constitutions, we will see in all 50 Mr. Speaker, there was a study from Compare what has happened since State Constitutions mentioning of edu- a report called ‘‘Nation at Risk.’’ In 1980, when we started this colossal mis- cation, because that is the way our that study, this was the conclusion take with what is going on today. We Founding Fathers and those that wrote that they came to on what the Federal have fallen behind on test scores with our State Constitutions envisioned the Government has been doing in edu- industrialized Western nations. Drop- American educational system being, an cation. It was this. They said ‘‘What out rates have gone up, test scores con- educational system that would be a has been done to America’s educational tinue to fall down, violence in schools bottom-up system, where teachers and system, had it been done by a foreign continue to rise. We are spinning rap- parents and principals and school board power, would have constituted an act idly out of control with our edu- members and community leaders would of war.’’ Yet, this bizarre bureaucratic cational system. All some people want get together and decide how they were experiment with education that started to do is what we have been doing for going to educate their children, instead in 1979 continues, continues today the past 25 years on education, spend of having an education bureaucracy in unabated. more money on a bureaucracy and less Washington, DC., or to go back to what Back in 1979, when we started our money on schools. To me, that is mor- our Founding Fathers looked at it as, Federal education bureaucracy, we ally indefensible. instead of having King George III tell were spending $14 billion on education Mr. Speaker, I heard somebody talk everybody how they were going to in the Federal bureaucracy, $14 billion. also, talking about anecdotal evidence, teach their children. Fast forward to 1996. We are now spend- talking about the fact that one of the It just makes good sense. We have to ing $36 billion, and soon it will explode programs that the Department of Edu- empower our schools once again. We to $50 billion, just on our education bu- cation spends our money on is closed have to do that by getting it out of reaucracy. That is taking $50 billion captioning. That sounds great, right, Washington, DC. That may be a radical out of the communities, out of the edu- closed captioning for the hearing-im- concept, I suppose as radical as James cational budgets of the local school paired. But it is closed captioning for Madison was considered to be radical boards, out of teachers’ salaries, out of the hearing-impaired for the TV show or Thomas Jefferson was considered to school upkeep, and bringing it to the Baywatch. I do not know what Federal be radical all those years ago when Federal education bureaucracy. education dollars are doing for closed they started what continue to be the Of course, what has happened? The captioning for Baywatch. greatest living experiment in the his- same thing that has happened when we It seems to me we could spend our tory of government, and that is, the tried to micromanage these other so- money better. We could spend our United States experiment. cial ills: We have fallen behind. Our money in our local communities better Last year there were 72, 73 freshmen children have suffered, because we have than in Washington, DC. We could that were elected who said ‘‘Enough is people in Washington, DC, today that spend our money better on teachers’ enough. We are going to stop draining still believe, despite the failures over salaries and on improving students’ liv- all the power out of the communities, the past 30 years, that Washington has ing conditions than on spending it on stop taking it all up to Washington, all the answers, and that Americans bureaucracies in Washington, DC. DC., stop consolidating money and are either too stupid or too lazy to That is what this fight is about. We power and authority and prestige in teach their own children without are trying to send power back to the Washington, and start sending it back Washington’s intervening. communities, back to the States, back out to the States, back out to the com- Mr. Speaker, I am going to give the to local governments, so we can have munities, back out to the parents, back Members some basic facts to show that what I called before, and what even out to the teachers.’’ March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2217 One of those people who is here to- we are going to make sure it meets Na- goes to the subdivisions within the De- night is the gentleman from Penn- tional Science Foundation standards partment of HHS, and then over to the sylvania, JON FOX. JON has been an infor quality of the food. Department of Education. strumental player not only in these Instead of spending 15 percent on ad- Everybody got their brokerage fee on education issues, but in other issues on ministrative costs, as the Federal Gov- it, so that dollar that started out for fighting to take our country back and ernment has for many, many years, we school lunch programs continues to get reclaim our heritage, and return this told the States and the governors who cut up more and more. The does it constitutional Republic to what it was want the programs, ‘‘You can only come back to the students and get put meant to be. spend 5 percent on the administrative on the table in Pensacola, FL? No. Mr. Speaker, I yield to the gentleman costs. With the extra 10 percent we are Then it goes to Tallahassee, FL, and from Pennsylvania [Mr. FOX]. giving you, you have got to feed more they start figuring out how they are Mr. FOX of Pennsylvania. Mr. Speak- kids more meals.’’ going to cut up the money. Then it er, I thank the gentleman for yielding That is a better way of doing it. Less comes on over to Escambia County and to me. The gentleman has been a lead- bureaucracy, more direct services. they have to cut it up. er, and I would like to extend my grati- That is what I think is the kind of re- Finally, by the time that dollar that tude to you on behalf of the others in form that is positive. got out of my pocket on April 15 and the Congress for your leadership in Mr. SCARBOROUGH. That is right. went through this maze of bureaucracy speaking out on important issues. It is very interesting, you were talk- up to Washington, DC, and back down Frankly, we are looking to the point ing about the school lunch program, to Tallahassee and back to Pensacola, that the status quo does not live here and we saw and actually I talked about and finally to pay to put a lunch or a anymore; how can we make the Con- how we had been attacked as being ex- breakfast on the table for that dis- gress more responsive, how can we tremist and Nazis and all these other advantaged child, we have blown most make sure that we in fact look forward things. Just absolutely ridiculous at- of our money, instead of keeping the to some substantive and important tacks on our character, and it showed money in the community and having changes. just how desperate they were. the communities raise the revenue and That is why, from my perspective, They even paraded little children pay for the school lunch program. That and I think as well, from yours, we around here in a shameless display. Ev- is where we need to be. Not only does it need to look and make sure that the erybody was wearing their ties with make sense, not only is it constitu- local school boards are making the de- children on them, and all they talked, tionally correct, but it just makes good cisions. Yes, we want the Federal funds children, children, children, that is all basic sense. for textbooks and school lunch and for they talked about. I have got two chil- Mr. FOX of Pennsylvania. Will the transportation to go to our school dis- dren. I do not need anybody to tell me gentleman yield? tricts, but we do not need national pol- that I am more or less compassionate Mr. SCARBOROUGH. I certainly will icy to tell our local school districts than they are simply because they yield. how to in fact make sure we are giving have more faith in the Federal bu- Mr. FOX of Pennsylvania. The point educational policy that our students reaucracy than in local communities. is well taken. The fact is that our local need and our parents want. Frankly, I I think what we need to do is, while communities, local officials, schools, think the teachers want that, too. We the school lunch programs went up, I parents, teachers, they know best what want minimum standards, of course, think we need to reexamine if this is they need in their community. If it but we can get maximum results by something that the Federal Govern- goes through all the layers the gen- empowering local governments. ment should in the end, in the perfect tleman from Florida described, what Mr. SCARBOROUGH. Mr. Speaker, I world, even be involved in. Because let happens is, as he well knows, all the agree with the gentleman 100 percent. I us say, for instance, in my area, and we pieces that are taken out is less for the have to tell him, though, if we do go are talking about getting to the ideal child. through a process where we block situation on school lunch programs, to After all, what it is about, we want grant some of these programs back to make sure that we feed the most dis- to help more children, we want to help the States, I think the important thing advantaged and those students that more of our constituents get the serv- is that we do empower them and allow need to be fed. ices they need that cannot be provided them to make the decision, just like In my area, let us say that you take, by the private sector. Where the pri- you said. and I, of course, because I am a work- vate sector can handle it best, they ing class type of guy, I probably do not should. Where State government and b 2115 even have a dollar so I cannot even local government can handle it best, Because Pennsylvania’s issues on hold it up. But let us say you take a they should. education, on transportation, on school dollar and you pay taxes coming up on But if it cannot be handled in the lunch programs are different, I can April 15 in my area. Well, that dollar local government, then the Federal guarantee they are different from Pen- for school lunch programs, for in- Government has to get involved, obvi- sacola, FL. stance, that dollar first goes to At- ously in national defense and in other Mr. FOX of Pennsylvania. No ques- lanta, GA, to the regional IRS office, areas like Medicare and Medicaid. tion. which is our regional southeastern IRS Those things that cannot be handled in Mr. SCARBOROUGH. We come from office. the local government, certainly of different parties. I lived in upstate New That dollar that was for school lunch course the Federal Government needs York for a few years. I recognize that. programs first gets channeled through to take care of it. Our society and our country is huge. So the IRS office in Atlanta. Of course Under this new Congress, the new vi- I do not think Bill Clinton or any they have got copying machines. They sion I like is we are trying to eliminate President should say this is what our have got to pay their people to work. the fraud, abuse and waste in the sys- education agenda is going to be and we They have got to pay rent. They have tem, and that is where the big dif- have got to stick to it. got to do all these other things, so a ferences are coming. For instance, if Mr. FOX of Pennsylvania. Would the little bit of that dollar is gone, sort of we want to save Medicare for our sen- gentleman yield? a brokerage fee. iors and make sure they get all the Mr. SCARBOROUGH. Sure. Then where does it go next? It comes services they need with the appropriate Mr. FOX of Pennsylvania. On the up to Washington, DC, goes to the IRS increases, so they are always covered school lunch program, what I think is office in Washington, DC, and the for health care, there is $30 billion a exciting about the new Congress is that Treasury Department. They take off year right now in fraud, abuse and in the 104th Congress, in a bipartisan their little bit. waste just in Medicare, $14 billion in fashion, we have seen the school lunch Then of course if gets funneled over Medicaid. and the WIC programs, how we have ex- to the next agency, I suppose the De- Under the new legislation we passed, panded the amount of money for those partment of HHS. They take off their the new Health Care Fraud Act is going programs, and we said in a block grant, part of the dollar, and then of course it to make sure we go after that fraud, H2218 CONGRESSIONAL RECORD — HOUSE March 13, 1996 abuse and waste and the savings go gress a few years ago, a few short years No. 1, eliminate the $30 billion in back to health care for our people. ago, to Democrats in Congress, talking fraud, abuse and waste by going That is the difference in the new Con- about how to save Medicare. She said through the Attorney General’s office gress, direct services, more for the peo- we must slow down the rate of growth and working with the HHS Inspector ple, less waste, fraud and abuse. By in Medicare to twice that of inflation, General to make sure we root out that going after these kinds of problems in twice the rate of inflation. I suggest 6.9 waste; give a 10-year penalty for those our Government, we are going to make percent. who violate the law. No longer can you sure we get some real reform. The next clip they showed was be a provider. And put those savings Mr. SCARBOROUGH. I go through Speaker GINGRICH saying we must slow back into health care for seniors. the panhandle, hold town hall meetings down the rate of growth in Medicare to No. 2, make sure that the minimum all the time. As I hold town hall meet- twice that of inflation. I suggest 7.2 education for the indirect and direct ings, I hold Medicare town hall meet- percent. So already in these first two costs for interns and residents which is ings, and I ask people what they think clips in 10 seconds you see that we are now part of Medicare be a separate line the problem is with Medicare. actually suggesting a higher increase item, fully funded but not part of tak- I cannot tell you how many people of growth in Medicare than the Presi- ing dollars away from seniors. cite waste, fraud and abuse inside the dent and Hillary did in 1993, the First No. 3, let us reduce the cost of the system. They will tell me that a medi- Lady. paper work, 12 percent cost now in cal provider will overcharge them and Then the next clip was Bill Clinton Medicare, just on paper work. I want to that they will call up, they will say, saying, ‘‘I will not allow the Repub- see that down to 2 percent, like you do, ‘‘You have overcharged me here. You licans to destroy Medicare,’’ when we and use electronic billing, and give an need to correct my bill.’’ And the pro- were doing the exact thing or even a extra 10 percent back for seniors for vider will say, ‘‘Don’t worry about it, little bit better than they were sug- health care. it’s not your money.’’ gesting just 2 short years ago. We also have a provision in there for The sad fact is, it is their money. I I cannot tell you how many senior managed care for Medicare, as well as will tell you what, if I added up all of citizens have said, ‘‘My gosh, am I Medisave accounts, which lets a senior the waste, fraud and abuse cases I going to have Medicare next year? Are determine how much money they want heard in those town hall meetings, I you guys abolishing Medicare?’’ I sit to spend each year on their health care think it would be enough to take care there and I go through the numbers. and they can pocket the savings or roll of the Federal debt. After I go through the numbers, and I it over the following year. We cannot close our eyes to the fact explain to my 93-year-old grandmother The fact is we are trying to be inno- that there is waste, fraud and abuse in and to others that they are going to go vative and we are trying to make sure the system, and we also cannot close from getting $4,600 this year in benefits that Medicare will be there for next to an average of $7,200 in benefits 7 our eyes to the fact that this system year, the year after, and the year after. years from now, I apologize to them. I continues to lose money. I was Whatever it takes to make sure seniors apologize to them because of the shocked, like I know the gentleman have health care, we are going to do it, shameless demagoguery that we have was, and quite frankly worried for my because we are the ones who have been heard from this side by people who parents and for my 93-year-old grand- leading the way to help make sure that have admitted they are using this for mother, shocked to find out that the seniors live longer, live better, live political leverage to try to scare senior Clinton administration actually had independently and really can make citizens, to maintain power, to try to knowledge that Medicare was losing sure that they have the quality of life money this past fall and that, unlike get reelected. Now, if that is not a signal of the end that we want for your grandmother, for what the President had told us in the of a party, and if that does not signal my grandmother, for our and for your Medicare trustees’ report back in April intellectual dishonesty and bankruptcy parents. of 1995, that Medicare was going to go of the lowest order, I do not know what Mr. SCARBOROUGH. The gentleman broke much faster than the 7 years does. brought up a good point, reclaiming they had originally told us. It was ac- We are doing what we have to do, my time for a second here. I remember tually going to go broke a lot earlier. what the Washington Post recognizes back to 1993, the largest tax increase in That is what excites me about this we have to do, what the New Republic this country, in fact in the history of problem, despite all the sound and all has recognized in a cover story that we mankind. I think back to that night the fury and all the demagoguery, and have to do, what a lot of liberal publi- when the vote was taken that in- I can say demagoguery. That is not cations even have realized that we have creased taxes on Social Security up to coming from me. That is coming from had to do to save Medicare for senior 85 percent, where you had the Federal the Washington Post. The Post accused citizens and for those that are in the Government reaching in and taking Bill Clinton and the Democrats of baby boom generation. more money out of senior citizen’s shamelessly demagoguing on the issue. I yield to the gentleman. pockets. Robert Samuelson, who wrote a Mr. FOX of Pennsylvania. The fact is I think back to that night. I think Washington Post editorial, called the the gentleman is absolutely correct. It back to how they lowered the earnings President a liar, said he lied on Medi- was we Republicans who led in this limit that you talked about from care and said he did not like using that Congress for several issues before we $34,000 to $14,000 and basically told our term, but that the President had so even got to Medicare. We are the ones senior citizens, ‘‘Do not dare to be pro- twisted the facts on Medicare that he that said we want to roll back the 1993 ductive, my friends, because if you do, really felt like there was no other term unfair tax on Social Security when we we are going to take your money away that fit him. passed that bill in the House. from you.’’ I guess my last example of how the We are the ones that said that sen- b 2130 media has caught on to the President, iors under 70 should earn more than and they have already told us what $12,800 without having deductions from You know, I think back to that night they are going to do there this fall, their Social Security. In fact, that leg- when they raised taxes, estate taxes. I they are going to continue this shame- islation will allow them to make up to think back to that night when they less parade of lies, trying to scare sen- $30,000 a year without any deductions raised taxes that affected seniors’ in- ior citizens, but my favorite was for Social Security. comes a million different other ways. Nightline. Third, we are the ones who said we And, you know, the thing that is strik- They had a program they called read the report from the President’s ing is that night it was this side of the ‘‘Medicare.’’ The first clip, and I am trustees saying that Medicare was aisle, the Republican side of the aisle, sure you know about this, JON, but the going to run out of funds in 7 years. So that unanimously voted for the rights first clip they showed in the introduc- we came up with a proposal, which we of senior citizens. Not one single Re- tion of Nightline, they go, ‘‘this is hope the Congress will eventually publican cast a vote to raise taxes on Nightline.’’ The first clip they show is adopt and the President sign, which senior citizens and their social security Hillary Clinton testifying before Con- does several things that you outlined: benefits. Not one single Republican March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2219 cast a vote under Bill Clinton’s tax We are not going to let that be touched It tells us that, first of all, either they plan to lower the earnings limit, to by anybody, not anybody anyhow. are not telling the truth on tax cuts ei- punish seniors for being productive. The fact is Social Security deserves ther, on tax relief for working-class Not one single Republican signed off on to have funds brought back to it prior Americans, it tells us that. Or the sec- the largest tax increase in the history Congress borrowed from the Social Se- ond thing it tells us is that they truly of this country. curity. The Social Security trust fund believe that a working-class family of It was an initiative that was rammed is owed about $358 billion. Hopefully, four earning $35,000, $40,000, is rich in through the House, through the Com- through things like the line item veto, their book. mittee on Ways and Means, by liberal other savings we are going to have re- Now, whether they are lying about it Democrats, signed on by President Bill ducing agencies, the sunset review leg- or whether they truly believe that Clinton, the same man who had prom- islation I have, other ways to reduce working-class Americans making ised a middle-class tax cut only a few the cost of programs that have outlived $40,000, a family of four is now rich in months earlier when he was campaign- usefulness, we can restore those funds America, either way, I do not think ing for President. to the Social Security fund, the Social they are fit to govern this country any- Yet these people, a lot of these peo- Security trust fund. more. ple, have the nerve to actually stand The Social Security trust fund is sol- I think it is a sad commentary when up now and act as though they are the vent, doing well. We want to make sure people would actually stand up and say protectors of senior citizens, when, in it is going to be solvent for many years those are tax cuts for the rich and try fact, when they were in power, they to come. Many on the other side of the to scare senior citizens. This is about were the ones that were taxing senior aisle try to take things from it to bal- empowering senior citizens if we are citizens, making it harder for them to ance the budget for seniors and those talking about Medicare. it is about em- get by from Social Security check to who have given their whole life to train powering working class Americans if Social Security check and who are now us, to give us the right to be here. We we are talking about working-class pretending to be friends of senior citi- have to protect them. family tax relief. And it is about em- zens. All they are doing is fiddling Mr. SCARBOROUGH. I agree. Ex- powering parents, teachers, principals, while Rome burns. actly. and school boards if we talk about edu- They know the system is going bank- I want to try to bring this together, cating our children in the classroom rupt. The Medicare trustees told them in closing, and just say this, that we and not in a bureaucracy in Washing- the system is going bankrupt. The have been talking about Medicare, we ton, DC. And that is what this whole, headlines this past month have shown have been talking about education, but they have called it, a revolution, we it is going bankrupt even faster than you know, the Democrats, some of the have barely taken the first step. we were led to believe by the President leadership, some of the liberals have That is what this whole movement is and by the liberal Democrats. And yet tried to say, tried to tie some things about, getting power out of Washing- it is like they are a doctor that opens together for a campaign slogan. And I ton, DC, and once again relying on the up a patient, sees cancer in that pa- guess it sounds great as a campaign goodness of the American people and tient, and instead of operating, closes slogan. Unfortunately, it is just not the greatness of the American civiliza- the patient back up, pats them on the true. tion, which I believe today truly is the head and says, ‘‘Go in peace. You are What have they said time and time last great hope. fine.’’ again, the Republicans are cutting Mr. FOX of Pennsylvania. I agree We cannot turn a blind eye to the taxes for the rich to pay for Medicare with you. You are absolutely right. The waste, fraud and abuse that is in the and have said that we are actually cut- fact is that when it comes to the tax system. We cannot turn a blind eye to ting Medicare to pay for tax cuts for reform, it is going to help most Ameri- the fact that the system is going bank- the rich. And we cannot talk about cans. And we have done it after we rupt. We have got to protect it and pre- Medicare until— have already taken the spending cuts, serve it and make it stronger, and I ask Mr. FOX of Pennsylvania. First of $190 billion, deficit reduction of $90 bil- you who cares for senior citizens more: all, nothing could be further from the lion. It is only when we start looking those that actually dare to make a dif- truth. to the tax reform to help us create ference and save Medicare or those who Mr. SCARBOROUGH. Exactly. Ex- jobs, over 300,000 a year, to help en- want to be elected this coming Novem- actly. We cannot end this discussion on courage savings to help encourage in- ber and that is all they care about? So Medicare without discussing these tax vestment, and that is what America is they are willing to just sort of let it go cuts, I think, just to totally blow it out all about. If we can create more jobs, on for another 6 months or a year or 2 of the water, because nothing could be not Government jobs per se, but real years until we wake up one morning further from the truth. Not only are we private sector jobs, we will have more and Medicare is gone. strengthening and preserving Medicare, people paying taxes and more, a more Mr. FOX of Pennsylvania. I will be not only are we allowing Medicare to stable tax structure for everybody. Ev- glad to answer your question, if you grow at a rate that is sustainable, not erybody can pay less toward the Gov- will yield. The fact is the Republican only are we going to be giving senior ernment and get more in their pocket majority has led the way to protect citizens more options than they have so they can help this economy drive seniors, not only having in that legisla- ever had and going to be allowing the forward. tion all the things we discussed pre- Medicare benefits to continue to in- We have the elder care tax credit, the viously, but also a clause to return in crease, and that shows that we are tell- new IRA’s are part of that program. We case there has to be a further increase ing the truth on Medicare. have the new adoption tax credit. All if we have not been able to save as On the tax cuts for the rich, you and of those tax reform packages will help much as we hoped to through the fraud, I both know those are not tax cuts for seniors, help working families, will abuse and waste. the rich. You take the $500 per child help children. We will not let seniors go without tax credit, let me tell you something, So, frankly, when you talk about it the proper Medicare and senior health that is a tax credit to help the strug- here in this Congress, we have had bi- care services they deserve and need, gling middle-class family that is hav- partisan support for that program, but but we are not going to tolerate a sys- ing trouble getting by from paycheck the President unfortunately vetoed the tem that will lose money and have the to paycheck. bill, and I am hopeful the next time waste go out the door when the serv- And here is an interesting fact for when welfare reform comes before the ices those dollars could have brought you on it: They call it tax cut for the President, tax reform comes before the the seniors should go to our people. We rich; the fact is 89 percent of those tax President, and a balanced budget, we are going to be vigilant that way. cuts, 89 percent of that tax relief goes can make a difference, because with What is also important is to note, to working families earning less than that balanced budget we are going to and the people, our colleagues should $75,000. So what does that tell us? It reduce the costs for working families, also know, Social Security is off the tells us one or two things about the lib- college education interest expense, car table. That is not part of our budget. erals calling them tax cuts for the rich. expense, and on the mortgage expense. H2220 CONGRESSIONAL RECORD — HOUSE March 13, 1996 And that is basic to the country. And waiting for the Federal Government to following message from the President by doing that, we are going to have a come in and help them out. Commu- of the United States; which was read stronger country. The last time we bal- nities are now sort of digging in and and, together with the accompanying anced the budget was 1969. doing their part and saying, ‘‘Forget papers, without objection referred to Mr. SCARBOROUGH. That is right. the Federal Government, we have got the Committee on Appropriations and For the first time in a generation, this this American can-do spirit. We are ordered to be printed. Congress actually dared to say enough going to do it ourselves.’’ That is what To the Congress of the United States: is enough, we are going to balance the we are doing in Pensacola. That is In accordance with the Congressional budget, we are going to only spend as what Dr. Bell is doing. That is what the Budget and Impoundment Control Act much money as we take in. New York Times is talking about. of 1974, I herewith report five proposed A lot of people do not realize how Again, this is not a political revolu- much $5 trillion is. I heard somebody tion that is sweeping the country. It is rescissions of budgetary resources, to- on this floor say one time, in explain- a revolution of thought, again, that taling $50 million. These rescission pro- ing how much $5 trillion debt is, if you Americans are once again reclaiming posals affect the Department of De- earned a million dollars every day from their country and saying we are not fense. the day Jesus was born, Jesus Christ going to just depend on the Federal WILLIAM J. CLINTON. was born, to today, you would not Government for everything. THE WHITE HOUSE, March 13, 1996. make enough money, making a million Mr. FOX of Pennsylvania. I will say, f in summation, the spirit of volunta- dollars a day, you would not make LEAVE OF ABSENCE enough money to pay off that debt. rism also is alive and well in Montgom- And yet we still have people telling us ery County, PA, where we have hun- By unanimous consent, leave of ab- we do not have to do it in 7 years. dreds of organizations working to help sence was granted to: Mr. FOX of Pennsylvania. What is in- with shelters for the homeless, food Mr. MYERS of Indiana (at the request teresting is we can still balance the cupboards, you name it, health care. of Mr. ARMEY) for today from 5 p.m., on budget and still have the safety net for They are involved. But with our wel- account of medical reasons. those who are in need. This is a com- fare reform legislation, in the Con- Mr. SISISKY (at the request of Mr. passionate country, and this Congress gress, I think that is also very sen- GEPHARDT) for today, on account of a does care but it does not mean we need sitive. We are going to have a safety death in the family. to spend money on every program. net for those in need, when they are f taking care of children at home, those Frankly, we have a private sector SPECIAL ORDERS GRANTED doing a great job, whether Habitat for who are able-bodied, in 5 years we are Humanity, community service block looking to help them get a job, job By unanimous consent, permission to grant where we take existing Federal counseling, job placement, day care, if address the House, following the legis- funds and raise three times as much in they need it. We want to make sure it lative program and any special orders is those who are able-bodied get in the the private sector to serve the commu- heretofore entered, was granted to: world of work if that is what they are nity, we can do it all. We do not have (The following Members (at the re- able to do and we can train them for it. quest of Mr. MCNULTY) to revise and to bankrupt the country or the next Mr. SCARBOROUGH. Of course, that generation in doing that. extend their remarks and include ex- debate will continue. I personally traneous material:) Mr. SCARBOROUGH. I will tell you think our welfare bill that ended the Mr. FATTAH, for 5 minutes, today. what we have done in Pensacola, FL. Federal Government’s oppressive man- Mr. GEJDENSON, for 5 minutes, today. What we have started up, we started a dates on States for the first time in 62 Mr. VOLKMER, for 5 minutes, today. community service network. I got to- years is a great bill. Obviously, 88 Sen- Mrs. SCHROEDER, for 5 minutes, gether 3 or 4 months ago with commu- ators out of 100 Republican and Demo- today. nity leaders. One is a doctor, Reed Bell, crat alike thought it was a great idea. who has just been instrumental. He has The President unfortunately vetoed (The following Members (at the re- cared. He is a pediatrician. He has done that bill. Obviously, the 50 Governors, quest of Mr. MCCOLLUM) to revise and great work in the community for when they came to town, all 50 en- extend their remarks and include ex- years, caring for disadvantaged chil- dorsed our welfare reform bill, thought traneous material:) dren, caring for those in need. I talked we had a pretty good idea. Again they Mr. SHADEGG, for 5 minutes, today. to Dr. Bell, and he had come up with an thought we had a good idea, because it Mrs. SEASTRAND, for 5 minutes, idea, a private sector welfare reform, keeps going back to the ideals of Jef- today. where when people come off of welfare, ferson and Madison and our Founding Mr. MCINTOSH, for 5 minutes, today. we create a community service net- Fathers that we are in the end a Nation f work of all of these different commu- of communities and not a Nation of bu- EXTENSION OF REMARKS nity service organizations that would reaucracies. work together, that would draw in We have got to rely on the goodness By unanimous consent, permission to churches and synagogues, and get these of Americans as we go into the 21st revise and extend remarks was granted people when they come off of welfare century, because we have seen the Fed- to: and help them get on their feet and do eral Government only goes so far. (The following Members (at the re- everything they can to empower those Mr. FOX of Pennsylvania. I want to quest of Mr. MCNULTY) and to include people without going back on the wel- thank you for taking this hour so we extraneous matter:) fare rolls a month or two later. have a chance to discuss some of the Mr. HAMILTON. You know, at the time I came up basic achievements we have had in the Ms. LOFGREN. with the idea, Dr. Bell had already 104th Congress, so we can continue the Mrs. THURMAN. come up with the idea, had been doing enthusiasm to make sure we continue Mr. MARTINEZ. it for some time before me. I thought, our reform goals. I thank you for your Ms. DELAURO in two instances. hey, I have got a great idea. He had al- leadership. Mr. HINCHEY. ready been thinking about it, and we Mr. SCARBOROUGH. I thank you for Mr. VENTO. got together, and, with Dr. Bell’s lead- your leadership. Mr. SCHUMER. ership, we have launched this commu- f Mr. BENTSEN. nity service network. And it is going to b 2144 (The following Members (at the re- make a big difference. But that is quest of Mr. MCCOLLUM) and to include something that is spreading through- PROPOSED RESCISSIONS OF BUDG- extraneous matter:) out this country. ETARY RESOURCES—MESSAGE Mr. QUINN. I saw on the front page of the New FROM THE PRESIDENT OF THE Mr. GOODLING. York Times a few Sundays ago that UNITED STATES Mr. GILMAN. there has been an explosive growth of The SPEAKER pro tempore (Mr. Mr. RAMSTAD. these groups, that people are no longer CHRYSLER) laid before the House the Mr. KOLBE. March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2221

Mr. BUNNING. Mr. MARTINEZ. ADJOURNMENT Mr. POMBO. Ms. DELAURO. Mr. CASTLE. Mr. SCARBOROUGH. Mr. Speaker, I (The following Members (at the re- Mr. VENTO. move that the House do now adjourn. quest of Mr. SCARBOROUGH) and to in- Mr. SCHUMER. The motion was agreed to; accordingly (at 9 o’clock and 45 minutes clude extraneous matter:) Mr. BENTSEN. Mr. DAVIS. p.m.), the House adjourned until to- Mr. CHRISTENSEN. Mr. MANTON. morrow, Thursday, March 14, 1996, at 10 Mr. HINCHEY. Mr. HORN in two instances. a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized by various committees of the U.S. House of Rep- resentatives during the fourth quarter of 1995 in connection with official foreign travel, as well as an amendment to the fourth quarter report of foreign travel authorized by the Speaker, U.S. House of Representatives, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 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

Hon. Thomas Foglietta ...... 11/24 11/26 Haiti ...... 384.00 ...... 384.00 Commercial airfare ...... 1,196.95 ...... 1,196.95 Hon. John Murtha ...... 10/8 10/9 Italy ...... 100.00 ...... 100.00 10/9 10/10 Bosnia ...... 100.00 ...... 100.00 ...... 3 5,658.00 ...... 5,658.00 Hon. John Murtha ...... 12/9 12/9 Haiti ...... 3 998.00 ...... 998.00 John Blazey ...... 11/8 11/13 Japan ...... 2,000.00 ...... 722.82 ...... 2,722.82 Commercial airfare ...... 4,464.38 ...... 4,464.38 Gregory Dahlberg ...... 10/8 10/9 Italy ...... 100.00 ...... 100.00 10/9 10/10 Bosnia ...... 100.00 ...... 100.00 ...... 3 5,658.00 ...... 5,658.00 James W. Dyer ...... 10/8 10/9 Italy ...... 100.00 ...... 100.00 10/9 10/10 Bosnia ...... 100.00 ...... 100.00 ...... 3 5,658.00 ...... 5,658.00 James W. Dyer ...... 12/9 12/9 Haiti ...... 3 998.00 ...... 998.00 Gregory Dahlberg ...... 12/9 12/9 Haiti ...... 3 998.00 ...... 998.00 Stephanie Gupta ...... 11/8 11/13 Japan ...... 2,000.00 ...... 722.82 ...... 2,722.82 Commercial airfare ...... 4,464.38 ...... 4,464.38 Richard Efford ...... 12/9 12/11 England ...... 592.00 ...... 592.00 12/12 12/14 Belgium ...... 660.00 ...... 660.00 12/14 12/15 Switzerland ...... 304.00 ...... 304.00 Commercial air ...... 4.412.45 ...... 4,412.45 John Plashal ...... 10/8 10/9 Italy ...... 100.00 ...... 100.00 10/9 10/10 Bosnia ...... 100.00 ...... 100.00 ...... 3 5,568.00 ...... 5,568.00 John Plashal ...... 12/9 12/9 Haiti ...... 3 998.00 ...... 998.00 John Shank ...... 12/20 12/22 Belgium ...... 660.00 ...... 660.00 Commercial airfare/ground ...... 3,203.15 ...... 3,203.15 Committee total ...... 7,400.00 ...... 44,275.31 ...... 1,445.64 ...... 53,120.95

Survey and investigations staff: Alfred L. Espostio ...... 11/25 11/29 Germany ...... 758.00 ...... 4,408.49 ...... 396.08 ...... 5,562.57 11/29 12/2 The Netherlands ...... 627.00 ...... 627.00 12/2 12/5 England ...... 812.00 ...... 812.00 Joseph R. Fogarty ...... 11/5 11/9 Italy ...... 622.25 ...... 3,528.27 ...... 79.52 ...... 4,230.04 Michael O. Glynn ...... 11/27 12/1 Japan ...... 1,492.00 ...... 4,260.95 ...... 236.72 ...... 5,989.67 12/1 12/7 Korea ...... 1,481.00 ...... 234.33 ...... 1,715.33 Rahul Gupta ...... 11/27 12/1 Japan ...... 1,492.00 ...... 4,260.95 ...... 113.22 ...... 5,866.17 12/1 12/7 Korea ...... 1,481.00 ...... 1,481.00 Terrence E. Hobbs ...... 11/5 11/9 Italy ...... 622.25 ...... 3,528.27 ...... 103.77 ...... 4,254.29 Robert W. Lautrup ...... 11/25 11/29 Germany ...... 758.00 ...... 4,408.49 ...... 376.32 ...... 5,542.81 11/29 12/2 The Netherlands ...... 627.00 ...... 627.00 12/2 12/5 England ...... 812.00 ...... 812.00 L. Michael Welsh ...... 11/27 12/1 Japan ...... 1,492.00 ...... 4,260.95 ...... 114.96 ...... 5,867.91 12/1 12/6 Korea ...... 1,214.00 ...... 1,214.00 Committee total ...... 14,290.50 ...... 28,656.37 ...... 1,654.92 ...... 44,601.79 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; cost shown is comparable first-class commercial rate. BOB LIVINGSTON, Chairman, Jan. 30, 1996.

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

Debi Bodlander ...... 12/26 12/31 Jordan ...... 1,175.00 ...... 1,175.00 Commercial airfare ...... 4,613.55 ...... 4,613.55 Scott Feeney ...... 12/16 12/18 Haiti ...... 266.50 ...... 266.50 Commercial airfare ...... 648.95 ...... 648.95 Victor O. Frazer ...... 12/13 12/18 Russia ...... 1,700.00 ...... 1,700.00 Commercial airfare ...... 3,424.95 ...... 3,424.95 Richard Garon ...... 10/13 10/17 Bosnia ...... 3 580.00 ...... 580.00 Commercial airfare ...... 3,416.55 ...... 3,416.55 John Herzberg ...... 10/13 10/17 Bosnia ...... 700.00 ...... 700.00 Commercial airfare ...... 3,416.55 ...... 3,416.55 Mark Kirk ...... 10/13 10/17 Bosnia ...... 3 580.00 ...... 580.00 Commercial airfare ...... 3,416.55 ...... 3,416.55 John Mackey ...... 11/29 11/30 Ireland ...... 145.00 ...... 145.00 Lester Munson ...... 11/19 11/20 Morocco ...... 331.00 ...... 331.00 H2222 CONGRESSIONAL RECORD — HOUSE March 13, 1996 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1995—Continued

Commercial airfare ...... 3,676.95 ...... 3,676.95 Roger Noriega ...... 12/16 12/18 Haiti ...... 266.50 ...... 266.50 Commercial airfare ...... 648.95 ...... 648.95 Daniel Restrepo ...... 12/18 12/18 Haiti ...... 266.50 ...... 266.50 Commercial airfare ...... 648.95 ...... 648.95 Marty Sletzinger ...... 10/13 10/17 Bosnia ...... 700.00 ...... 700.00 Commercial airfare ...... 3,416.55 ...... 3,416.55 Scott Wilson ...... 12/16 12/18 Haiti ...... 266.50 ...... 266.50 Commercial airfare ...... 648.95 ...... 648.95 Committee total ...... 6,977.00 6,977.00 ...... 27,977.45 ...... 34,954.45 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. BENJAMIN A. GILMAN, Chairman, Jan. 31, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1995

Date Per diem 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 currency currency currency

Hon. Ed Bryant ...... 12/28 12/29 Haiti ...... 136.50 ...... (3) ...... 136.50 Committee total ...... 136.50 ...... 136.50 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. HENRY J. HYDE, Chairman, Feb. 29, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1995

Hon. Bill Richardson ...... 12/9 12/11 Africa ...... 900.00 ...... 900.00 Commercial airfare ...... 7,166.95 ...... 7,166.95 Calvin Humphrey ...... 12/9 12/11 Africa ...... 900.00 ...... 900.00 Commercial airfare ...... 7,166.95 ...... 7,166.95 Louis Dupart ...... 11/13 11/18 Middle East ...... 701.75 ...... 701.75 Commercial airfare ...... 5,407.35 ...... 5,407.35 Committee total ...... 2,501.75 ...... 19,741.25 ...... 22,243.00 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. LARRY COMBEST, Chairman, Jan. 26, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1995

Orest Deychakiwsky ...... 9/30 United States ...... 3,077.55 ...... 3,077.55 10/1 10/7 Poland ...... 1,368.00 ...... 1,368.00 ...... 12/11 United States ...... 3,424.95 ...... 3,424.95 12/12 12/19 Russia ...... 2,000.00 ...... 2,000.00 John Finerty ...... 10/5 United States ...... 2,881.95 ...... 2,881.95 10/6 10/14 Poland ...... 1,586.00 ...... 1,586.00 ...... 12/11 United States ...... 3,486.95 ...... 3,486.95 12/12 12/18 Russia ...... 1,728.00 ...... 1,728.00 12/18 12/19 Denmark ...... 209.00 ...... 209.00 Chadwick Gore ...... 9/30 United States ...... 3,082.15 ...... 3,082.15 10/1 10/12 Poland ...... 2,508.00 ...... 2,508.00 Robert Hand ...... 10/24 United States ...... 1,517.55 ...... 1,517.55 10/25 10/31 Croatia ...... 1,620.00 ...... 128.00 ...... 690.00 ...... 2,438.00 Janice Helwig ...... 10/1 10/10 Austria ...... 1,707.39 ...... 905.00 ...... 2,612.39 10/10 10/18 Poland ...... 1,824.00 ...... 41.95 ...... 1,865.95 10/18 10/27 Austria ...... 2,086.81 ...... 572.00 ...... 2,658.81 10/27 10/30 Croatia ...... 463.05 ...... 25.24 ...... 488.29 10/30 12/6 Austria ...... 7,019.27 ...... 458.15 ...... 7,477.42 12/6 12/9 Hungary ...... 486.00 ...... 22.77 ...... 508.77 12/9 12/13 Austria ...... 758.84 ...... 1,860.00 ...... 2,618.84 12/13 12/19 Russia ...... 1,728.00 ...... 110.00 ...... 1,838.00 12/19 12/21 Austria ...... 379.42 ...... 379.42 ...... 3 533.76 ...... 533.76 Marlene Kaufmann ...... 11/4 United States ...... 4,098.75 ...... 4,098.75 11/5 11/12 Romania ...... 1,981.00 ...... 1,981.00 11/12 11/14 Switzerland ...... 508.00 ...... 508.00 11/14 11/18 Bulgaria ...... 788.00 ...... 788.00 Richard Livingston ...... 10/5 United States ...... 3,160.55 ...... 3,160.55 10/6 10/18 Poland ...... 2,498.00 ...... 2,498.00 10/18 10/22 Austria ...... 752.00 ...... 752.00 March 13, 1996 CONGRESSIONAL RECORD — HOUSE H2223 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1995—Continued

Michael Ochs ...... 9/9 United States ...... 6,451.45 ...... 6,451.45 9/10 9/14 Poland ...... 912.00 ...... 912.00 9/14 9/15 Turkey ...... 212.00 ...... 50.00 ...... 262.00 9/15 12/3 Azerbaijan ...... 8,785.00 ...... 100.00 ...... 8,885.00 12/3 12/6 Georgia ...... 639.00 ...... 87.00 ...... 726.00 12/6 12/7 Azerbaijan ...... 107.00 ...... 107.00 12/7 12/13 Turkmenistan ...... 1,242.00 ...... 100.00 ...... 1,342.00 12/13 12/19 Russia ...... 1,728.00 ...... 1,728.00 Erika Schlager ...... 10/1 United States ...... 3,133.85 ...... 3,133.85 10/2 10/6 Poland ...... 912.00 ...... 912.00 10/6 10/8 Czech Republic ...... 438.00 ...... 438.00 10/8 10/14 Poland ...... 1,192.00 ...... 40.55 ...... 256.52 ...... 1,489.07 Samuel Wise ...... 9/30 United States ...... 2,288.15 ...... 2,288.15 10/1 10/6 Poland ...... 1,368.00 ...... 1,368.00 ...... 10/10 United States ...... 2,620.95 ...... 2,620.95 10/11 10/19 Poland ...... 1,824.00 ...... 17.00 ...... 1,841.00 10/19 10/22 Switzerland ...... 723.00 ...... 16.00 ...... 739.00 10/22 10/25 Austria ...... 564.00 ...... 564.00 10/25 10/28 Czech Republic ...... 657.00 ...... 10.00 ...... 667.00 ...... 12/5 United States ...... 3,176.95 ...... 3,176.95 12/6 12/9 Hungary ...... 636.00 ...... 636.00 Committee total ...... 55,937.78 ...... 46,945.41 ...... 1,480.28 ...... 104,363.47 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 Shared administrative conference costs. CHRIS SMITH, Jan. 30, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, UNITED STATES-RUSSIA JOINT COMMISSION ON POW/MIA AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 6 AND NOV. 11, 1995

Hon. Pete Wilson ...... 11/6 11/7 Germany ...... 297.00 ...... 297.00 11/7 11/8 Kyrgyzstan ...... 171.00 ...... ( 3 ) ...... 4 21.00 ...... 192.00 11/8 11/10 Turkmenistan ...... 514.00 ...... ( 3 ) ...... 514.00 11/10 11/11 Germany ...... 297.00 ...... 297.00 Commercial airfare ...... 3,270.65 ...... 3,270.65 Suzanne Farmer ...... 11/6 11/7 Germany ...... 297.00 ...... 546.65 ...... 843.65 11/7 11/8 Kyrgyzstan ...... 171.00 ...... ( 3 ) ...... 4 21.00 ...... 297.00 11/8 11/10 Turkmenistan ...... 514.00 ...... ( 3 ) ...... 514.00 11/10 11/11 Germany ...... 297.00 ...... 297.00 Committee total ...... 2,558.00 ...... 3,817.30 ...... 42.00 ...... 6,417.30 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 Military air transportation. 4 Meals on military air transporatation. h PETE PETERSON, Jan. 28, 1996.

EXECUTIVE COMMUNICATIONS, 552b(j); to the Committee on Government Re- tions were introduced and severally re- ETC. form and Oversight. ferred as follows: 2244. A letter from the General Counsel, Of- Under clause 2 of rule XXIV, execu- fice of National Drug Control Policy, trans- By Mr. CRANE (for himself, Mr. SHAW, tive communications were taken from mitting a report of activities under the Free- and Mr. RANGEL): the Speaker’s table and referred as fol- dom of Information Act for calendar year H.R. 3074. A bill to amend the United lows: 1995, pursuant to 5 U.S.C. 552(d); to the Com- States-Israel Free Trade Area Implementa- mittee on Government Reform and Over- tion Act of 1985 to provide the President with 2240. A letter from the Chairman, Council sight. of the District of Columbia, transmitting a 2245. A letter from the Director, Office of additional proclamation authority with re- copy of D.C. Act 11–221, ‘‘Prison Industrial Personnel Management, transmitting a respect to articles of the West Bank or Gaza Act of 1996,’’ pursuant to D.C. Code, section port of activities under the Freedom of Infor- Strip or a qualifying industrial zone; to the 1–233(c)(1); to the Committee on Government mation Act for calendar year 1995, pursuant Committee on Ways and Means. Reform and Oversight. to 5 U.S.C. 552(e); to the Committee on Gov- By Mr. CRANE: 2241. A letter from the Chairman, African ernment Reform and Oversight. H.R. 3075. A bill authorizing participation Development Foundation, transmitting the 2246. A letter from the Deputy Associate by the United States in the North American 1995 annual report in compliance with the In- Director for Compliance, Department of the spector General Act Amendments of 1988, Interior, transmitting notification of pro- Free-Trade Agreement Coordinating Sec- pursuant to Public Law 100–504, section 104(a) posed refunds of excess royalty payments in retariat; to the Committee on Ways and (102 Stat. 2525); to the Committee on Govern- OCS areas, pursuant to 43 U.S.C. 1339(b); to Means. ment Reform and Oversight. the Committee on Resources. By Mr. SMITH of Texas (for himself, 2242. A letter from the Chairman, 2247. A letter from the Assistant Secretary Mr. KASICH, Mr. MILLER of Florida, Consumer Product Safety Commission, for Land and Minerals Management, Depart- Mr. LARGENT, Mr. BASS, Mrs. MYRICK, transmitting a report of activities under the ment of the Interior, transmitting a copy of Ms. MOLINARI, Mr. HOKE, Mr. HERGER, Freedom of Information Act for calendar the final rulemaking governing bidding for Mr. RADANOVICH, Mr. KOLBE, Mr. year 1995, pursuant to 5 U.S.C. 552(e); to the OCS natural gas and oil leases, pursuant to BROWNBACK, Mr. SHAYS, Mr. INGLIS of Committee on Government Reform and 43 U.S.C. 1337(a)(4); to the Committee on Re- South Carolina, Mr. ALLARD, Mr. Oversight. sources. LAZIO of New York, Mr. SMITH of 2243. A letter from the Chairman, Federal f Michigan, and Mr. CONDIT): Maritime Commission, transmitting a copy PUBLIC BILLS AND RESOLUTIONS H.R. 3076. A bill to amend the Congres- of the annual report in compliance with the sional Budget Act of 1974 and chapter 11 of Government in the Sunshine Act during the Under clause 5 of rule X and clause 4 calendar year 1995, pursuant to 5 U.S.C. of rule XXII, public bills and resolu- title 31, United States Code, to require that H2224 CONGRESSIONAL RECORD — HOUSE March 13, 1996 reports accompanying concurrent resolu- MEMORIALS H.R. 2320: Mr. GREENWOOD, Mr. EHLERS, Mr. tions on the budget include analyses, pre- ALLARD, Mrs. ROUKEMA, Mr. UPTON, Mr. pared after consultation with the Congres- Under clause 4 of rule XXII, memori- WELLER, Mr. BAKER of Louisiana, Mrs. sional Budget Office, of generational ac- als were presented and referred as fol- KELLY, Ms. PRYCE, Mr. ENSIGN, and Mr. counting information and that Presidents’ lows: MINGE. annual budget submissions include 206. By the SPEAKER: Memorial of the H.R. 2333: Mr. CALVERT and Mr. BENTSEN. generational accounting information; to the Senate of the State of Washington, relative H.R. 2416: Mrs. ROUKEMA. Committee on the Budget, and in addition to to requesting that a public and a private sec- H.R. 2458: Mr. COOLEY, Mr. DEFAZIO, Ms. the Committee on Government Reform and tor representative of the Pacific Northwest PELOSI, and Mr. LINDER. Oversight, for a period to be subsequently de- Economic Region be appointed to the Na- H.R. 2500: Mr. PAXON. termined by the Speaker, in each case for tional Tourism Board and the National Tour- H.R. 2548: Mr. ENGLISH of Pennsylvania, consideration of such provisions as fall with- ism Organization respectively; to the Com- Ms. NORTON, and Mr. BAKER of Louisiana. in the jurisdiction of the committee con- mittee on Commerce. H.R. 2723: Ms. PRYCE. cerned. 207. Also, memorial of the Senate of the H.R. 2757: Ms. RIVERS. By Mr. POMEROY (for himself and State of Washington, relative to the Senate H.R. 2881: Mr. CLINGER and Mr. MINGE. Mrs. JOHNSON of Connecticut): of the State of Washington opposing any pro- H.R. 2909: Mr. ZELIFF. H.R. 3077. A bill to establish a Commission posal that would levy a fee on any individ- H.R. 2919: Mr. FRELINGHUYSEN. on Retirement Income Policy; to the Com- uals crossing the borders of the United H.R. 2925: Mr. BALLENGER, Mr. mittee on Economic and Educational Oppor- States; to the Committee on the Judiciary. CUNNINGHAM, Mr. UPTON, Mr. PARKER, Mr. tunities. f ZELIFF, Mr. HOBSON, and Mr. WALSH. By Mr. CLINGER (for himself, Mr. H.R. 2932: Mr. GANSKE. TAUZIN, Mr. GILMAN, Mr. SHUSTER, PRIVATE BILLS AND H.R. 3002: Mr. CRANE and Mrs. ROUKEMA. Mr. YOUNG of Alaska, Mr. GOODLING, RESOLUTIONS Mr. LIVINGSTON, Mr. STUMP, Mr. HAN- H.R. 3003: Mr. PALLONE, Mr. TOWNS, Mr. SEN, Mr. ROBERTS, Mr. WOLF, Mr. Under clause 1 of rule XXII, KENNEDY of Massachusetts, Mrs. CLAYTON, BURTON of Indiana, Mrs. VUCANOVICH, Mr. CASTLE introduced a bill (H.R. 3082) Ms. WATERS, Mr. TORRES, and Mr. Mr. BARTON of Texas, Mr. MYERS of to authorize the Secretary of Transportation GUTIERREZ. Indiana, Mr. BUNNING of Kentucky, to issue a certificate of documentation with H.R. 3065: Mr. WELDON of Florida and Mr. Mr. HASTERT, Mr. HEFLEY, Mr. appropriate endorsement for employment in NORWOOD. SHAYS, Mr. SMITH of Texas, Mr. the coastwise trade for the vessel Magic Mo- H.J. Res. 127: Mr. MCKEON and Mr. ROYCE. PARKER, Mr. CUNNINGHAM, Mr. EWING, ments; which was referred to the Committee H. Con. Res. 10: Mr. BONO. Mr. ZELIFF, Mr. BACHUS, Mr. CAL- on Transportation and Infrastructure. H. Con. Res. 51: Mr. YOUNG of Florida, Ms. VERT, Mr. HOEKSTRA, Mr. HORN, Mr. f SLAUGHTER, and Mr. BERMAN. HUTCHINSON, Mr. LAZIO of New York, H. Con. Res. 103: Mr. HOKE and Mrs. KELLY. Mr. MICA, Mr. SMITH of Michigan, Mr. ADDITIONAL SPONSORS H. Con. Res. 120: Mr. BAKER of Louisiana. TALENT, Mr. BASS, Mr. COOLEY, Mr. Under clause 4 of rule XXII, sponsors H. Con. Res. 127: Mr. JACOBS and Mr. HOKE. DAVIS, Mr. EHRLICH, Mr. FOX, Mr. H. Con. Res. 136: Ms. SLAUGHTER, Mr. POR- were added to public bills and resolu- GUTKNECHT, Mr. HAYWORTH, Mr. TER, Mr. TORRICELLI, Mr. FRAZER, Mr. BER- HOSTETTLER, Mr. LATOURETTE, Mr. tions as follows: MAN, Mr. TORRES, Ms. ROYBAL-ALLARD, and MCINTOSH, Mr. SCARBOROUGH, Mr. H.R. 65: Mr. HASTINGS of Washington and Mr. WOLF. SHADEGG, Mrs. SEASTRAND, Mr. Mr. HUNTER. H. Con. Res. 139: Mr. RAMSTAD. SOUDER, Mr. STOCKMAN, Mr. TIAHRT, H.R. 103: Mr. LUTHER and Mr. DOYLE. H. Con. Res. 140: Mr. RUSH. Mr. HOBSON, Mr. BLILEY, and Mr. H.R. 294: Mr. FRANK of Massachusetts, Mr. H. Con. Res. 145: Mr. HOKE. NETHERCUTT): THOMPSON, Mr. FALEOMAVAEGA, and Mr. DUR- H. Con. Res. 148: Mr. COBLE, Mr. WELDON of H.R. 3078. A bill to amend title 31, United BIN. Pennsylvania, Mr. WICKER, and Mr. HUNTER. States Code, to prohibit the use of appro- H.R. 303: Mr. HASTINGS of Washington and H. Con. Res. 151: Mr. CLAY, Mr. WATT of priated funds by Federal agencies for lobby- Mr. HUNTER. North Carolina, and Ms. BROWN of Florida. H.R. 491: Mr. MCINNIS. ing activities; to the Committee on Govern- H. Res. 360: Mr. PASTOR, Mr. HINCHEY, and H.R. 559: Mr. SANDERS. ment Reform and Oversight. Mr. BRYANT of Texas. By Mr. COBURN (for himself and Mr. H.R. 620: Mr. HASTINGS of Florida, Ms. f BROWN of Ohio): MCKINNEY, Mr. YATES, and Mr. FRAZIER. H.R. 3079. A bill to amend title XVIII of the H.R. 852: Ms. RIVERS. DELETIONS OF SPONSORS FROM Social Security Act to assure access to serv- H.R. 1000: Mr. WARD. PUBLIC BILLS AND RESOLUTIONS ices under the Medicare Health Maintenance H.R. 1023: Mr. RANGEL and Mr. STARK. Under clause 4 of rule XXII, sponsors Organization Program; to the Committee on H.R. 1073: Mr. JOHNSON of South Dakota, were deleted from public bills and reso- Ways and Means, and in addition to the Com- Ms. WATERS, Mr. NEAL of Massachusetts, Mr. lutions as follows: MEEHAN, Mr. KENNEDY of Rhode Island, Mr. mittee on Commerce, for a period to be sub- H.R. 359: Mr. LONGLEY. RANGEL, Mr. WISE, Mr. JEFFERSON, Mr. MOL- sequently determined by the Speaker, in H.R. 1591: Mr. FROST. each case for consideration of such provi- LOHAN, Mr. KLECZKA, and Mr. SCARBOROUGH. f sions as fall within the jurisdiction of the H.R. 1074: Mr. JOHNSON of South Dakota, committee concerned. Ms. WATERS, Mr. NEAL of Massachusetts, Mr. AMENDMENTS By Mr. GOODLING: MEEHAN, Mr. KENNEDY of Rhode Island, Mr. Under clause 6 of rule XXIII, pro- RANGEL, Mr. WISE, Mr. JEFFERSON, Mr. MOL- H.R. 3080. A bill to amend title 18, United posed amendments were submitted as LOHAN, Mr. KLECZKA, and Mr. SCARBOROUGH. States Code, to impose stiffer penalties on follows: H.R. 1352: Mr. CREMEANS and Mr. WALSH. persons convicted of lesser drug offenses; to H.R. 2202 H.R. 1386: Mr. MCKEON. the Committee on the Judiciary. OFFERED BY: MR. TRAFICANT H.R. 1591: Mr. BORSKI. By Mr. RICHARDSON: AMENDMENT NO. 3: At the end of subtitle A H.R. 1610: Mr. ROBERTS. of title I insert the following new section: H.R. 3081. A bill to amend title III of the H.R. 1627: Mr. GRAHAM and Mr. KOLBE. Public Health Service Act to consolidate and SEC. 108. REPORT. H.R. 1684: Mr. SHUSTER, Mr. BURTON of In- The Attorney General, in consultation reauthorize provisions relating to health diana, Mr. CARDIN, Mr. FRANK of Massachu- centers, and for other purposes; to the Com- with the Secretary of State and the Sec- setts, Mr. WAMP, Mr. MATSUI, Mr. FRAZER, retary of Defense, shall contract with the mittee on Commerce. and Mr. HUTCHINSON. Comptroller General to track, monitor, and By Mr. LIVINGSTON: H.R. 1776: Mr. BEREUTER, Mr. GILMAN, Mr. evaluate the Administration’s border strat- H.J. Res. 163. Joint resolution making fur- HYDE, Mr. FRANKS of New Jersey, Mr. egy to deter illegal entry, more commonly referred to as prevention through deterrence. ther continuing appropriations for the fiscal CANADY, Mr. TRAFICANT, Mr. LAHOOD, Mr. year 1996, and for other purposes; to the To determine the efficacy of the Administra- DORNAN, Mr. THOMAS, Mr. SAXTON, Mr. COX, tion’s strategy and related efforts, the Comp- Committee on Appropriations. Mr. SCHAEFER, Mr. POMBO, Mr. HANCOCK, Mr. troller General shall submit to Congress a By Mr. MARKEY (for himself, Mr. SOL- SCHIFF, and Mr. GUNDERSON. report of its findings within one year after OMON, Mr. KASICH, Mr. FRANK of Mas- H.R. 1946: Mr. EWING and Mr. SKEEN. the date of the enactment of this Act and, sachusetts, and Mr. SCARBOROUGH): H.R. 1998: Mr. GENE GREEN of Texas, Mr. for every year thereafter, up to and includ- H. Res. 381. Resolution expressing the sense HASTINGS of Washington, and Mr. COOLEY. ing fiscal year 2000. Such a report shall include a collection and systematic analysis of of the House of Representatives regarding H.R. 2019: Mr. BURR. data, including workload indicators, related sanctions on nations that assist in the devel- H.R. 2182: Mr. HORN. to activities to deter illegal entry. Such a re- opment of nuclear weapon programs of non- H.R. 2200: Mr. SHUSTER, Mr. SCHAEFER, and port shall also include recommendations to nuclear weapon states; to the Committee on Mr. CLINGER. improve and increase border security at both International Relations. H.R. 2270: Mr. NORWOOD. the border and ports-of-entry. 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, MARCH 13, 1996 No. 34 Senate

The Senate met at 9:15 a.m. and was announce that today there will be a pe- The Senator from Missouri is recog- called to order by the President pro riod for morning business until the nized. tempore [Mr. THURMOND]. hour of 9:30 a.m., with Senators per- Mr. BOND. I thank the Chair. mitted to speak for up to 5 minutes (The remarks of Mr. BOND pertaining PRAYER each with the following exception: Sen- to the introduction of S. 1610 are lo- The Chaplain, Dr. Lloyd John ator BOND for up to 10 minutes. cated in today’s RECORD under ‘‘State- Ogilvie, offered the following prayer: At 9:30, the Senate will resume con- ments on Introduced Bills and Joint Gracious Father, Your power is given sideration of the continuing appropria- Resolutions.’’) in direct proportion to the pressures tions bill. At that time there will be 30 Mr. BOND. Mr. President, I yield the and perplexities we face. This gives us minutes of debate between Senators floor. great courage and confidence. You give HUTCHISON and REID regarding the Mrs. HUTCHISON. Mr. President, I more strength as the burdens increase; pending endangered species amend- suggest the absence of a quorum. The PRESIDING OFFICER. The You entrust us with more wisdom as ments. Following that debate, those clerk will call the roll. the problems test our endurance. You amendments will be set aside and Sen- The assistant legislative clerk pro- never leave or forsake us. Your love ator DOLE will be recognized to offer an ceeded to call the roll. has no end and Your patience no break- amendment. Under a previous order, at 1 p.m. the Mr. REID. Mr. President, I ask unan- ing point. Senate will begin 1 hour of debate on imous consent that the order for the Today, we affirm what You have the motion to proceed to the quorum call be rescinded. taught us: You have called us to super- Whitewater Committee resolution with The PRESIDING OFFICER. Without natural leadership empowered by Your a cloture vote beginning at 2 p.m. Fol- objection, it is so ordered. spiritual gifts of wisdom, knowledge, lowing that cloture vote, there will be f discernment, and vision. You press us a vote on the motion to table the beyond our dependence on erudition FOOD MARKETING POLICY INSTI- Hutchison amendment to the continu- and experience alone. Thank You for TUTE’S MISDIRECTED PRIOR- ing resolution. Senators should be re- challenges that help us recover our hu- ITIES minded of those votes beginning at 2 mility and opportunities that force us p.m., and Senators should be aware Mr. GRAMS. Mr. President, yester- to the knees of our hearts. that a late night session is possible in day a mock hearing for the press was Bless the women and men of this order to complete action on that meas- hosted by Congressmen SCHUMER and Senate. You have given them the awe- ure. GEJDENSON, along with Prof. Ronald some responsibility of being attentive It is also hoped that the Senate may Cotteril, director of the Food Market- to You and obedient in following Your still reach an agreement with respect ing Policy Institute at the University guidance for our beloved Nation. Give to the small business regulatory relief of Connecticut. The topic was price them that sure sense of Your presence bill. collusion in the cereal market, a and the sublime satisfaction of know- f charge which has not been proved over ing and doing Your will. Replenish the past 20 years. their strength, renew their hope, and RESERVATION OF LEADER TIME After review of all of the evidence refresh them with Your grace. In the The PRESIDING OFFICER (Mr. which refutes the collusion theory, I name of our Lord. Amen. INHOFE). Under the previous order, the find it difficult to understand why the f leadership time is reserved. three continue this curious drama. f I would like to present to my col- RECOGNITION OF THE ACTING leagues some history on this issue, MAJORITY LEADER MORNING BUSINESS which began with the dismissal of an The PRESIDENT pro tempore. The The PRESIDING OFFICER. Under antitrust complaint by the Federal distinguished Senator from Missouri is the previous order, the Senate will now Trade Commission after 10 years of te- recognized. proceed to a period for the transaction dious and costly examination of the in- f of morning business until the hour of dustry by the FTC. 9:30 a.m., with Senators permitted to Last year Federal Judge Kimba SCHEDULE speak up to 5 minutes with the follow- Wood, former nominee for Attorney Mr. BOND. Mr. President, on behalf ing exception: Senator BOND is recog- General during the Clinton administra- of the majority leader I would like to nized to speak for up to 10 minutes. tion, rejected an antitrust suit brought

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

S1905 S1906 CONGRESSIONAL RECORD — SENATE March 13, 1996 by the State of New York to prevent tunity to be enriched by his friendship. letins, the station played martial the Post Co. from buying Nabisco But it is not just Senators who have music. Well, sort of martial music. It Shredded Wheat. been fortunate to experience the min- seemed the only such record they had Judge Wood indicated at the time istry of Chaplain Ogilvie. Following on was the ‘‘fight song,’’ as they say, of that the cereal industry was ‘‘highly the example of his predecessor, Richard the Fordham football team. competitive.’’ She indicated that there Halverson, Dr. Ogilvie has ministered Pearl Harbor brought war to the was no collusion, and no one company to everyone he encounters. United States but only seemed to en- was able to control prices in any mar- I cannot speak for all of my col- hance the greatness of our city. At ket segment. She characterized the tes- leagues, but I have thoroughly enjoyed war’s end, it seemed only natural that timony of the State’s star witness, Dr. Ogilvie’s morning invocations. It is New York should be chosen as the site Professor Cotteril, one of the hosts of one of the highlights of my day. Each of the headquarters of the United Na- today’s mock hearing, as ‘‘unreliable,’’ prayer is a poetic weaving of theo- tions, the victorious alliance that won ‘‘flawed,’’ and ‘‘erroneous.’’ logical wisdom and spiritual encour- that war. Last year Congressman SCHUMER and agement. When I hear the Chaplain’s The years since have not been so gen- GEJDENSON asked the Justice Depart- resonant voice, I feel as if the Heavenly erous. At times, they have been omi- ment to initiate a criminal investiga- Father himself has entered our midst nous, putting our city in peril in a way tion into cereal prices. Justice declined and is speaking to us here on the Sen- world war never did, albeit much of the the case, based on Judge Wood’s deci- ate floor. The Chaplain has the voice of peril has come from abroad. sion. God, but he is also a man after God’s I thought of this matter, and, of a Judge Wood has also noted in her de- own heart. He has said that he sees sudden, knew the event I would re- cision that cereal prices rose only 6.6 himself as an intercessor for the Sen- late—with a penmanship that would percent between 1989 and 1993, while ators, and I know that he is faithful in mortify the brothers to this day. Here food prices rose 12.8 percent and the his prayers for this body and its Mem- is what I wrote, on New Year’s Day, cost-of-living index rose 16.5 percent. bers. 1995. Widespread use of coupons lowers the I have appreciated Dr. Ogilvie’s care- Early in 1985, I flew up from Washington to average retail price by 30 percent. Fur- ful efforts to keep the chaplaincy non- New York. As is our custom, I was met by ther, Judge Wood found that industry partisan, nonpolitical, and non- Detective ‘‘Chuck’’ Bennett of the N.Y.P.D. concentration declined about 27 per- sectarian. His concern is genuine and On our way into town we discussed events of cent between 1970 and 1994 and that he ministers indiscriminately to all the day. BENNETT, with a detective’s eye, store brand cereals’ market share rose who need encouragement. He is keenly commented that men were appearing on to 9 percent in 1993 from 4.8 percent in aware of the spiritual needs of this street corners snapping their fingers for no apparent reason. Two month’s later he re- 1988. This trend is expected to double in body, and he makes himself readily ported that they were selling something the next 3 to 4 years, surpassing the available to address those needs. called ‘‘crack,’’ the finger snapping being a market share of three of the five manu- We are fortunate to have Dr. Ogilvie form of street cry. It remained for Douglas facturers. among us. While I know that Dr. Hurd, then British Home Secretary, to visit Judge Wood also noted little brand Ogilvie feels a special calling to his New York and tell our Drug Enforcement loyalty among consumers. She also in- ministry as Chaplain, he has made Agency that a new form of cocaine, which dicated that retailers may have had some sacrifices to be with us. Before had appeared in the Bahamas in 1983, was more to do with increasing prices. In becoming chaplain, Dr. Ogilvie was a known as ‘‘crack’’ and was spreading. The Plague had reached New York. 1994, one producer reduced its prices 40 prolific writer, authoring over 40 percent, yet less than two-thirds of books. This literary passion has taken Charles Joseph Bennett, the detec- this price cut was passed on to consum- a backseat to the pressures of the Sen- tive who had met me at LaGuardia, ers. ate. But you will hear no complaints was and remains a preternaturally sub- Anyone who has been in a grocery from the Chaplain. He is engaged in his tle, observant, normally silent, at store recently knows that the range of new ministry and he is committed to times near-to-invisible presence on our options and prices is nearly over- his new parish. city streets for near quarter of a cen- whelming. Imports are adding new I want to congratulate the Chaplain tury. For 20 of those years, he has been competition. Cereal manufacturers not for his year anniversary and thank him keeping me out of harm’s way. Not an only compete head on but also with for his invaluable ministry. I am grate- easy thing to do, for public figures in other breakfast alternatives, which are ful for what he has done for us in the our time are commonly threatened, also proliferating significantly. The past year and I am excited about the sometimes openly, sometimes not. It business climate is hardly ripe for many years ahead. has been his lot to assess the threats price collusion. It is hard to under- f involved, first having learned of them stand why a trend toward more com- or divined them. It was in this latter ON THE RETIREMENT OF petition and price increases well under gift that ‘‘Chuck’’ excelled. Be it a U.S. DETECTIVE CHARLES J. BENNETT cost of living increases would encour- Senator, the least of his worries, a age the two Congressmen and Professor Mr. MOYNIHAN. Mr. President, some head of state, a peace delegation, a ter- Cotteril to continue these efforts. while ago, the New York Historical So- rorist infiltrator, a building, a bridge, a Professor Cotteril’s Food Marketing ciety conceived the notion of collecting tunnel, there has been no threat of vio- Policy Institute has received ear- holograph accounts of notable events lence or subversion or sedition in a marked funds from the Congress for in our city from contemporary New quarter century that he has not been quite a few years. If this is an example Yorkers, and thereafter auctioning involved with or aware of. of its priorities, I believe the Congress them off to help with the expenses of His personal qualities are legendary. should reconsider funding this insti- that venerable institution. I was asked Affable until the moment of danger tute. to participate and was happy to do. As when he can be terrifying; near-to-in- I look forward to this debate as we would anyone my age, I have all man- visible until he must make everyone in pursue the fiscal 1997 appropriations. ner of memories of our city, going the room stop instantly and do as he f back, for example, to December 7, 1941, says; self-effacing, funny, deadly seri- when I learned about Pearl Harbor ous. It may seem an unusual quality CHAPLAIN OGILVIE’S 1-YEAR from a man whose shoes I was shining for an officer of a very old organiza- ANNIVERSARY on the corner of Central Park West and tion, set in its ways and fixed in place, Mr. HATFIELD. Mr. President, a 81st Street, across from the Planetar- but ‘‘Chuck’’ Bennett has proved an ex- year ago today, my good friend, Dr. ium. I do not really recall what I traordinarily adept ambassador. First Lloyd Ogilvie joined the Senate family thought about all that; all I do recall with our own law enforcement organi- by becoming the 61st Senate Chaplain. for certain is that when I got home zations such as the Federal Bureau of I was fortunate to have known him be- later in the day, the regular radio pro- Investigation and the Capitol Police fore he became the Chaplain and now 99 gramming had been interrupted by bul- here in Washington, but notably also other Senators have had the oppor- letins from the Pacific. Between bul- with foreign detective forces, ranging March 13, 1996 CONGRESSIONAL RECORD — SENATE S1907 from London to Melbourne. He has model for the volunteers that have Mr. REID addressed the Chair. formed lasting friendships not just be- been recruited for other War Victims The PRESIDING OFFICER. The Sen- tween individuals but also between or- Fund programs. He exemplified what ator from Nevada is recognized. ganizations that have hugely bene- we looked for in others. He had a Mr. REID. Mr. President, I ask that fitted all concerned. warmth and gentleness, and a commit- the Chair advise the Senator from Ne- This April 28 he retires: at the top of ment to Uganda that was extraor- vada when I have 5 minutes remaining his grade and the top of his form. He dinary. of the 15. goes with the profound thanks of Liz, Mr. President, on March 13, on his The PRESIDING OFFICER. The Sen- Tim, Tracey, John, Helen, and Maura way to his office, Dr. Belcher was mur- ator may proceed. for his friendship and his guardianship. dered when two men stole his car. He Mr. REID. Mr. President, I have here And the great good wishes of all man- was shot in the chest and died right a letter from the Evangelical Environ- ner of New Yorkers for how well he has there. mental Network consisting of a num- served us. Only Chuck Bennett would It would be hard to conceive of a ber of people, including Dr. Robert C. notice odd gestures on street corners more senseless, horrible crime. Rod Andringa, president of the Christian and spot an epidemic on its way. Let us Belcher was a wonderfully generous College Coalition; Dr. George hope he returns regularly to New York, human being who devoted his profes- Brushaber, president of Bethel College keeping an eye on things, and keeping sional life to improving the lives of and Seminary; Mr. Roger Cross, presi- in touch with those of us who love him others. For the past 7 years he lived dent of Youth for Christ/USA; Rev. Art so. and worked in a country where getting DeKruyter, pastor of Christ Church of Oakbrook, and on and on with other re- f even the simplest thing accomplished ligious leaders of this country. often required incredible ingenuity and DR. RODNEY BELCHER The letter, written to all Senators, persistence. Rod had both. says, among other things: Mr. LEAHY. Mr. President, it is with At his funeral, Dr. Belcher was hon- This week the Senate will be voting on an great sadness that I rise today to in- ored by the Ugandan Vice President, form the Senate of the tragic death of omnibus appropriations bill that contains a the Minister of Health, the director of subtle attack on God’s handiwork. Buried in Dr. Rodney Belcher, an orthopedic sur- the hospital, the dean of the medical geon from Arlington, VA, who was the legislation is a provision to continue the school, the American Ambassador, the moratorium on listing plants and animals as murdered in Kampala, Uganda, on British High Commissioner, and many endangered or threatened, under the Endan- March 13. others. The orthopedic clinic that he gered Species Act. I was fortunate to have known Dr. worked so hard to establish was for- Certainly there are scientific, economic, Belcher. Seven years ago, shortly after and medical reasons for saving endangered I established the War Victims Fund, a mally named after him. The streets creatures, but for many individuals and con- $5 million appropriation in the foreign were lined with people who knew him gregations linked to the Evangelical Envi- aid program to provide medical and re- personally or had heard of the Amer- ronmental Network, the moral and spiritual lated assistance to war victims, Rod ican doctor who had done so much for aspects are the more important. The Bible Belcher signed on with Health Volun- the Ugandan people. records ‘‘the everlasting covenant between Rod Belcher will be terribly missed. God and all living creatures of every kind on teers Overseas. He had lived in Uganda Earth’’ and God affirms that covenant after before the civil war there, and the But he leaves a legacy that anyone would be proud of. He gave the War using Noah to bring the creatures through Agency for International Development the Flood and save their lives. sent him back to start a War Victims Victims Fund its start, and for that I will always be grateful. And he leaves a Mr. President, the letter continues: Fund program to assist people who had If I am going to be in the right relationship been disabled from war injuries. He and core of trained Ugandan orthopedic surgeons who loved and admired him, with God, I should treat the things he has his wife Dawn had been there ever made in the same way he treats them. since. who will carry on in his place. The moratorium on listing species is noth- There were tens of thousands of am- f ing more than a back door attack. While we putees, many victims of landmines, stand by and do nothing, this supposedly CONCLUSION OF MORNING ‘‘temporary’’ measure may stretch over without access to artificial limbs. The BUSINESS Mulagro hospital and medical school, more than two years, with the cost of recovering species becoming greater and greater once the pride and joy of that country, The PRESIDING OFFICER. Morning business is now closed. as time passes. were in ruins. There were not even The moratorium was a bad idea when insti- basic medical supplies. There was not a f tuted; it is a bad idea today. ... single trained orthopedic surgeon in BALANCED BUDGET Despite anti-ESA propagandists claim, nei- the country. The Ugandan Government DOWNPAYMENT ACT, II ther law nor our environmental stance val- was bankrupt. ues plants or animals above people. At issue Rod embraced that enormous chal- The PRESIDING OFFICER. The is not favoritism but just and moral treat- lenge with enthusiasm, good humor, Chair lays before the Senate H.R. 3019. ment of all of God’s creatures. God placed us The clerk will report. here as stewards, not as exploiters, and we patience, and a deep, personal commit- have no right to act in a callous manner to- ment to the Ugandan people. Over the The assistant legislative clerk read as follows: ward any living creature. years he won the trust and respect of With respect to the Endangered Species the Ugandan Government, and of suc- A bill (H.R. 3019) making appropriations Act, we are compelled to speak out because cessive United States Ambassadors and for fiscal year 1996 to make a further down- this matter relates to the core of our faith payment toward a balanced budget, and for and respect for God. the ambassadors of other countries other purposes. who witnessed the impact he was hav- Mr. President, I have read only part ing on the lives of so many people. He The Senate resumed consideration of of the letter, but the indication from rebuilt the orthopedic clinic and the bill. these religious leaders is that the mor- trained every orthopedic surgeon in Pending: atorium on the Endangered Species Act Uganda today. Hatfield modified amendment No. 3466, in is wrong and it is immoral. When my wife Marcelle and I visited the nature of a substitute. Mr. President, we have received let- Reid amendment No. 3478 (to amendment Uganda in 1990, Dr. Belcher took us No. 3466), to restore funding for and ensure ters from all over the country, not the around the orthopedic clinic. We saw the protection of endangered species of fish least of which is a letter from a group what a difference the War Victims and wildlife. of physicians. I talked about some of Fund had made, as a result of his ef- Hutchison/Kempthorne amendment No. the things they said yesterday. But, in forts and the efforts of the Ugandans 3479 (to amendment No. 3478), to reduce fund- effect, what they say is that it is wrong who worked with him. It was an experi- ing for endangered species listings. to have this moratorium; it is wrong ence that neither of us will ever forget. AMENDMENT NO. 3479 for health reasons to millions of people We saw what a difference this one The PRESIDING OFFICER. The throughout the world. American had made. amendment of the Senator from Texas This letter is signed by representa- Since then I have often thought of to the amendment of the Senator from tives of the Physicians for Social Re- that trip, and Rod Belcher became the Nevada is in order. sponsibility, the National Association S1908 CONGRESSIONAL RECORD — SENATE March 13, 1996 of Physicians for the Environment, It also allows this body to simply not In Texas, my home State, there is a someone from the Pennsylvania Medi- go forward with reauthorizing the En- golden cheek warbler. Fish and Wildlife cal Society, the Massachusetts Medical dangered Species Act. As long as this originally said they were going to set Society, the Nevada Medical Society, moratorium is in effect, there will be aside an area the size of the State of the Vermont Medical Society, the Ar- no further listings, and that is wrong. Rhode Island to protect a golden cheek thritis Foundation, AIDS Action Coun- This moratorium, I think it is clear, is warbler. Mr. President, we want to pro- cil, Harvard School of Public Health, going to continue throughout this Con- tect golden cheek warblers, but I think Boston University, and on and on, Mr. gress with all we have to do with all it is a little excessive to cause property President, with people from the medi- the problems with the balanced budget values in that entire area to plummet cal community who say that this mor- and 13 appropriations bills, 5 of which to save this golden cheek warbler when atorium is not only wrong from a polit- we did not pass last year. we can do it with other means. Not ical standpoint; it is wrong from a I think it is going to be extremely only that, but what they said you could moral perspective. difficult to reauthorize this bill. This is not do on your property is cut cedar. Mr. President, last night I went back a license to repudiate the Endangered Now, cedar has a very bad impact on to the office and asked my staff to look Species Act. I think we as a country people’s health. People have what we at some of the things we have received and we as a Congress should be call cedar fever. People are miserable over our computer, over our e-mail net- ashamed if we allow this to happen. with cedar fever. So they cut cedar work. We received—and I just at ran- Mr. President, I reserve the remainder trees to keep people from having this dom picked a few—we received some- of my time. very annoying sort of sneezing attack. thing from Basking Ridge, NJ, from a Mrs. HUTCHISON addressed the Well, in addition to that, even more woman who says: Chair. important to the farmers and ranchers I implore you— The PRESIDING OFFICER. The Sen- in the area, cedar absorbs water so that It is written to various Senators. ator from Texas. we lose the ability to use water down- I implore you to support Senator REID’s Mrs. HUTCHISON. Mr. President, I stream because the cedar trees are ab- amendment. have submitted an amendment to the sorbing the water upstream. So it real- This matter is of critical importance be- amendment because I think it is most ly is a hindrance and something that cause: important that we keep the integrity our farmers and ranchers need to deal Listing a species under the Endangered of what we are trying to do to protect Species Act is not a trivial matter that can with. One Travis County, TX, owner, be delayed indefinitely. The moratorium on the endangered species. The authoriza- Margaret Rector, invested in land 25 listing and critical habitat designations tion for the Endangered Species Act years ago to help her in her retirement must be lifted. ran out several years ago. That is be- years. In 1990, her land was worth The integrity of the ESA is extremely im- cause of the ridiculous excesses that $830,000. After it was designated a gold- portant to your constituents. Do not allow have been perpetrated on the private en cheek warbler habitat, its value this Congress to weaken this important leg- property owners in this country. So we islation. plunged to $30,000. called a moratorium on the old act so Mr. President, that is not a guess, That letter was from Merideth that we could reauthorize it, so that we that is an assessment on the county Mueller. could protect private property and pro- tax rolls in Travis County, TX. Mr. I received a letter from Minnesota tect the endangered species. And we President, that is ridiculous. Next is from one Todd Burnside of Roseville, want to have good science, we want to the southwestern willow fly catcher in MN. He says: have cost-benefit analysis, we want to California. The Army Corps of Engi- The extinction of species and the degrada- have economic impact analysis be- tion of the environment are things that fu- neers built the Isabella Dam in Kern ture generations may never forgive us for. cause, after all, Mr. President, there is County, CA, to catch the runoff of no reason for people in the Northwest I received also, Mr. President, a copy melting snow from the southern Sierra to have the entire timber industry shut of an e-mail written to all Senators: Mountains to save it for use in the down because of the spotted owl. There summer. It has saved millions in flood With all my heart I beg you to vote yes to is no reason to have put people who REID’s amendment to H.R. 3019, so that the damage, increased the water supply, awful moratorium to the ESA will end. I had worked for generations in the tim- and it is the third largest food-produc- cannot express to you how angry and dis- ber industry there out of work and un- ing county in the entire country now. appointed I am at this government for allow- trained to do other things. But the listing in February 1995 of the ing for an ESA moratorium in the first In fact, Mr. President, you and I are southwestern willow fly catcher has place. This act completely goes against the paying $250 million to retrain those put the dam’s use at risk, fearing the needs of the country in terms of economics, people because we were protecting a reservoir will flood fly catcher nesting morality, responsibility, and common sense. spotted owl that could have been put areas, a harm to the bird’s habitat. At a time when we urgently need solidarity somewhere else in a national forest to on all fronts to protect what little we have Now Fish and Wildlife may force the left of the natural environment and to leave protect. We could have had it both Corps of Engineers to release water something for our future generations to ways if we had just used common from the reservoir to protect the habi- cherish, and to stop the massive onslaught sense, Mr. President. But we did not do tat that did not exist until the dam on our natural world, we as citizens need you that. And that is why it was necessary was built. to protect the environment, our home. and why this Congress voted over- These are two examples, Mr. Presi- Mr. President, it is obvious what has whelmingly to put a moratorium on dent. The jaguar in Texas. Mr. Presi- happened here. The second-degree the Endangered Species Act listing— dent, they have not seen a jaguar in amendment calls for emergency list- not the preparation for listing, not the Texas since 1948 when one wandered up ings only. We know that this will allow research, just the final listings—until from Mexico, they think, and it was people to file all kinds of lawsuits to we could have a reauthorization of the cited as sort of an anomaly. Now they have emergency listings. We know that act that would put common sense into are talking about listing the jaguar as there were listings prior to this mora- it, that would put people into the equa- an endangered species in Texas, having torium being pronounced. They should tion, because after all, people should be not seen one since 1948, and it could proceed in an orderly fashion. in the equation as well. I like to joke cause restrictions on land use in 30 What this second-degree amendment sometimes and say that the only en- counties along the Rio Grande River. will do is force the Department of the dangered species not protected is Homo Mr. President, that is why so many Interior to defend numerous lawsuits sapiens. groups and private property owners— to show that what they are doing is Now, Mr. President, it is time that the American Farm Bureau is alarmed adequate. We need to get rid of this we started putting common sense into by what is happening with this Endan- moratorium and get back to good this act. Let me talk to you about a gered Species Act. They are in total science and good protection of the en- few of the excesses that have caused us support of my amendment, which does vironment and these species. What is to be in the situation where we are, the following. My amendment just says taking place now is an assault on good needing to do a drastic reorganization that we will protect the ability to have science and good government. and reauthorization of this bill. emergency listings. It has been said on March 13, 1996 CONGRESSIONAL RECORD — SENATE S1909 this floor that we might lose some of At this point, Mr. President, there is in the legislative process. Really, it is the very important endangered species. little hope of recovering the species. arrogance, because everyone knows Well, we will not. With my amendment, Recovery, after all, is the goal of the that as long as this moratorium is in we give the Secretary of the Interior Endangered Species Act. That is what effect, there will be no endangered spe- the right to do an emergency listing so this is all about. If we do not want an cies reauthorization. It removes the in- there would not be a danger of losing Endangered Species Act, just let us say centive for opponents of the Endan- an endangered species on an emergency so. But we hear constantly on the floor gered Species Act to reauthorize the basis. of this Senate—when these amend- act. But, Mr. President, I think it is very ments are brought up to really demol- Third, it is argued that a time out is important that we realize that the peo- ish the Endangered Species Act, it is what was needed to get reform meas- ple who are holding up the progress on prefaced by, ‘‘We are all for the act, we ures in place and better science proce- the reauthorization are also the people just want to make these corrections.’’ dures in the listing process. I have two who are here wanting to lift the mora- But this ‘‘correction,’’ so-called, really responses. The first is that there is no torium. I do not understand that. I do is devastating to the recovery of a spe- time out for the species who may face not understand why they would want cies. habitat degradation and extinction. Fi- to lift the moratorium on a bill that If you are only listing it as endan- nally, the science is irrelevant if a spe- they have all said has problems. I have gered when it reaches the emergency cies has become extinct. My second re- pointed out a few of those problems situation, then the cause is practically sponse to a time out is that the show of here this morning. Why would they lift lost, in most instances, due to the de- good faith in reauthorization that my the moratorium under the old act that struction of the animal, bird or plant, colleagues talked about last night and they say has problems when they have or lost due to the destruction of the this morning would be the lifting of the the power to reauthorize and to protect habitat that is so essential for the sur- moratorium and proceeding with the everyone—private property rights, pri- vival of that. business of reforming the act. vate property owners, and to protect Furthermore, Mr. President, I point Fourth, I received letters from 38 the animals under the Endangered Spe- out that emergency listings are only physicians, chemists, dentists, and oth- cies Act, as well? Why would we not do temporary. Under the Endangered Spe- ers from around the country advocat- things the right way, Mr. President? cies Act, they last for 240 days. You go ing the repeal of the moratorium. I That is my question here today. in—it is not like a listing for an endan- read some of their organizations today. Mr. President, how much time re- gered species. It is an emergency situa- They state with clarity: ‘‘What is often mains on my side? tion. Normally, the Fish and Wildlife lost in the debate over species con- The PRESIDING OFFICER. The Sen- Service promulgates a final rule to list servation is the value of species to ator from Texas has 71⁄2 minutes re- a species at the end of the 240-day human health.’’ maining. emergency listing period. They continue. ‘‘* * * [R]ecent stud- Mrs. HUTCHISON. Mr. President, I Under the second-degree amendment ies have shown that a substantial pro- yield the floor and reserve the remain- that is presented, the Fish and Wildlife portion of the Nation’s medicines are der of my time. Service could not make a final rule to derived from plants and other natural Mr. REID. Mr. President, I yield 41⁄2 protect the species under the Endan- resources. The medicines of tomorrow minutes to the Senator from Rhode Is- gered Species Act because you cannot being discovered today from nature land, [Mr. CHAFEE]. do that. They have to go through a * * *.’’ The PRESIDING OFFICER. The Sen- whole series of emergency actions—240 They conclude: ‘‘When a species is ator from Rhode Island is recognized. days, and then another 240 days. That lost to extinction, we have no idea Mr. CHAFEE. I thank the distin- is not the kind of situation that is real- what potential medical cures are lost guished Senator from Nevada. along with it.’’ Mr. President, what is wrong with ly going to lead to the saving of a species. It is not going to permit long- I have talked about the evangelicals the Hutchison amendment, the second- and representatives of religious organi- degree amendment? First of all, it term decisions to be made and expenditures of money, perhaps, for the saving zations. I have read in detail from their maintains the moratorium on final de- letters. They believe that this is a cisions to list species through the end of habitat. So, Mr. President, I do hope the sec- moral issue and not a political issue. of this fiscal year. ond-degree amendment will be tabled, My response to the second-degree Now, Mr. President, let us briefly re- amendment is, among other things: view the bidding. Last March, the Sen- as the distinguished Senator from Ne- vada will move at some period. First, the amendment fundamentally ate approved a 6-month moratorium, a maintains the listing moratorium. brief time out on listings under the En- I reserve the remainder of my time. Mr. REID addressed the Chair. That is all it does. It fails to mitigate dangered Species Act. That was 6 The PRESIDING OFFICER. The Sen- the devastating impact of the listing months. That was extended another 5 ator from Nevada. moratorium because it does not allow months under the continuing resolu- Mr. REID. Mr. President, in the En- for a final determination of an emer- tion. Now, under this bill, the morato- dangered Species Listing Handbook gency listing. This means that no real rium would be extended for another 7 published by the Division of Endan- recovery can take place. It is a mean- months. That means that for a mini- gered Species, under Procedures Guid- ingless exercise in paperwork. mum of 18 months no work will be done ance for the Preparations and Process- Second, the second-degree amend- toward conserving species that warrant ing of Rules and Notices Pursuant to ment only creates wasteful bureau- protection under the Endangered Spe- the Endangered Species Act: cratic procedures and would be a hey- cies Act, species threatened with ex- An emergency listing is a temporary meas- day for lawyers. tinction or destruction, and a lot of ure, providing the Act’s protection for only Third, the Kempthorne amendment ground can be lost in a year and a half. 240 days. It is only used in extreme situa- has agreed in the past that we should Now, Mr. President, the second point tions of dire imminent threat to a species’ try to avoid emergency listings. This is is that although the Hutchison second- continued existence. directly in the offset. degree amendment would allow emer- Mr. President, there is going to be a Finally, Mr. President, there is no gency listings —the word ‘‘emergency’’ flood of lawsuits if this amendment of justification, no logic, to this inac- is in there—that is not an adequate or my friend from Texas is not tabled. tivity when the net result will be a practical way to recover a species. Mr. The listing moratorium must be lifted. greater cost to the taxpayer, fewer President, you come up with emer- The motion to table that I will make management options, and, most impor- gency listing when the situation is should be granted, and the listing mor- tantly, greater increase in the likeli- really desperate. It is sort of a last- atorium must be lifted. hood of extinction. ditch effort to save a species, when the First, over 500 species are dan- The amendment is a superficial legis- species is about to become extinct ei- gerously close to extinction along with lative ploy. ther through disease, or destruction by their life-sustaining ecosystems. I reserve the remainder of my time. man in some fashion, or the last rem- Second, the moratorium on the list- Mrs. HUTCHISON addressed the nant of the habitat has been wiped out. ing process is a display of lack of faith Chair. S1910 CONGRESSIONAL RECORD — SENATE March 13, 1996 The PRESIDING OFFICER. The Sen- This is not just about endangered erty, if we are sincere about making ator from Texas is recognized, and the species. This is about whether or not sure that private property rights and remaining time is 7 minutes. we are going to let a small group of people’s jobs have some part in the Mrs. HUTCHISON. I had 71⁄2 minutes people who do not agree with the man- equation in the decisionmaking, then the last time I asked. date of the 1994 election ride roughshod we should vote for the Hutchison- The PRESIDING OFFICER. Seven over that mandate by extending a law Kempthorne amendment. The minutes remain. which expired 4 years ago and by allow- Hutchison-Kempthorne amendment Mrs. HUTCHISON. I yield 5 minutes ing bureaucrats to continue to not con- protects emergency listings. If there to the senior Senator from Texas. sider cost and benefits. Everybody in really is a danger of losing one of the The PRESIDING OFFICER. The Sen- the Senate knows that if we rewrite endangered species, it protects that ator from Texas. the Endangered Species Act in this right. Mr. GRAMM. Mr. President, I am Congress, there are going to be dra- However, what we must do is also very happy to be here to support my matic changes in it. protect the right of the people in this colleague from Texas. I think on this If the underlying Reid amendment country. The jobs and the people who issue she is absolutely right. Let me which Senator HUTCHISON has amended work for a living ought to have some explain why. is adopted and becomes law, we will protection by the Senate. If we vote for In 1973, we passed the Endangered not rewrite the Endangered Species the Hutchison-Kempthorne amend- Species Act. We have gone back peri- Act—and everybody knows it. As a re- ment, their rights will be protected and odically and rewritten that law, and in sult, even though the majority of the we will also reauthorize the Endan- the last rewriting we put in a date by American people and the majority of gered Species Act to protect the ani- which the law had to be updated in the Members of Congress are ready to mals in our country as well. Let us do order to still have force, a sunsetting make the changes, even though the law it right. Vote for Hutchison- provision. The logic of the sunsetting has expired, we will end up continuing Kempthorne. provision was to assure that periodi- to expand the power of the Federal bu- I thank the Chair. Mr. FAIRCLOTH. Mr. President, I cally as situations changed, such as the reaucracy. power of the bureaucracy to expand the I want to urge my colleagues to sup- first want to commend the Junior Sen- law beyond any limit anyone foresaw port the Hutchison amendment. ator from Idaho for his leadership on when the law was written, that by that Let me also say that, if the underly- this issue. I know that reforming the date we were going to have to go back ing Reid amendment is attached to this Endangered Species Act is a critical and rewrite the law or it was going to bill, I intend to oppose this bill and I issue to Idaho. It is a make or break issue for many of our constituents. I stop having any force of law. That act intend to vigorously fight its adoption. am certain that he will approach the expired in 1992. This is 1996. For 4 I think it would be an absolute outrage reauthorization with the reasoned, years, we have had no Endangered Spe- if we went back now and eliminated commonsense perspective it des- cies Act because the law is sunset. the time out we declared in April 1995 perately needs. Granted, we have continued to allow it on a law which expired 4 years ago. to operate by providing funds for that Mr. President, as a life-long farmer, I I yield the floor. understand the value of wildlife. I have purpose. But the whole purpose of Mrs. HUTCHISON addressed the grown up with wildlife and protected it sunsetting is to modernize legislation Chair. without government forcing me to. But to reflect the new reality. The PRESIDING OFFICER. The Sen- also as a farmer, I understand the in- Then in April 1995 we took a time ator from Texas. credible burden being placed on private out. This time out basically said, ‘‘It Mrs. HUTCHISON. Mr. President, landowners and public resources to has been 3 years since this law ex- how much time is remaining? meet the mandates of this act. pired.’’ We should not allow the Fish The PRESIDING OFFICER. The Sen- The problem comes when the bu- and Wildlife Service to continue to des- ator from Texas has 2 minutes and 11 reaucracy gets out of control and gov- ignate endangered species without any seconds. ernment hurts people in order to pro- limit, without any congressional Mrs. HUTCHISON. I thank the Chair. tect animals. That is precisely what is check, until this law is reauthorized. Mr. President, the argument has been happening all around the country. And That was eminently reasonable. It was made in the Chamber that we might where it is not already happening, it adopted right here on the floor of the lose some very important endangered will happen soon. U.S. Senate, and it became the law of animals in America. I submitted an For instance, in North Carolina we the land. amendment to the amendment to make have thousands of acres of valuable Now we have an effort by Senator sure that that would not happen. We timberland which cannot be cut be- REID to go back and, in essence, to allow emergency listings if there really cause the U.S. Fish and Wildlife Serv- make the endangered species law a law is a danger of losing any animal or any ice believes it may harm red cockaded that operates in perpetuity where there species that is under the old act. woodpeckers. Some changes have been is no requirement that it be modern- Let us look at what the Reid amend- announced recently that should help ized and where it can simply continue ment does. You have heard people on matters some. But there remains a big to do things like the effort by U.S. Fish the other side argue that there are problem back home. By any reasonable and Wildlife to designate 33 counties in problems with the act, but nevertheless measure the government has seized the central Texas as being affected by an they are urging you in the Reid amend- land of many of my constituents with- endangered species called the Golden ment to go forward under the old act out offering them a dime of compensa- Cheek Warbler. In the face of wide- which we acknowledge has problems, tion. spread opposition in Texas, they regardless of the fact that it costs peo- Unfortunately, the bureaucracy and backed off. ple jobs, that it hurts the economies of the environmental industry do not care But the point is we have a right to many States, and that it takes away a about the reality outside of Washing- say that when Congress wrote this law, fundamental constitutional right in ton. They seek to use the Endangered it wanted the right to periodically re- this country, and that is the right to Species Act and the animals them- view it. That time for review occurred private property. selves as tools to create Federal land 4 years ago. That is wrong. It would be ridiculous use regulations nationwide. The ulti- I think the Senator from Texas, Sen- for the Senate to vote today to go for- mate result being thousands upon ator HUTCHISON, has proposed a reason- ward, take away jobs, hurt the econ- thousands of overlapping habitat able compromise that will allow emer- omy, and take away private property ranges for each and every bug, snail, gency designations and allow us to re- rights under an act which everyone has and fly the bureaucrats think we need write this law and make changes that acknowledged has problems. more of. the American people clearly want but If we are sincere about doing what is Mr. President, the important ques- which will put the pressure on those right, if we are sincere about reauthor- tion is: What happens when virtually whose viewpoint is a minority view- izing the bill with some common sense, all land is home to a protected ani- point. with some protection for private prop- mal—what happens then? March 13, 1996 CONGRESSIONAL RECORD — SENATE S1911 This is a very serious question. It has Mr. THOMAS. I thank the Chair. problems. Among them, facilitating happened in Idaho, Senator I rise in support of the Hutchison the return of refugees, conducting free KEMPTHORNE’s State. As he has shown amendment. We have worked very hard and fair elections, and establishing a the committee, virtually all of Idaho is now for almost a year and a half hav- professional civilian police force. regulated as home to some sort of gov- ing hearings going on in the country, Indeed, the reports we are getting ernment protected animal. Thousands and clearly all of us want to have en- from Sarajevo have demonstrated that of acres of valuable farmland have been dangered species protection. But very integrating the capital is more dif- locked off to protect an underground clearly, it needs to be changed, and it ficult than separating the various mili- water snail called the brunei snail. needs to be upgraded. tary forces. The military task is lim- This kind of thing is going to happen We need to learn from the experience ited and clear, while the civilian task everywhere when the environmental of the past 20 years. This is the way to is wide-reaching and complex, with industry gets its way. do it. If we do not have passage of the only vague lines of authority. I will oppose Senator REID’s amend- Hutchison amendment, then we will The United States has made a tre- ment because we need to restrain the not get to making the changes that mendous commitment of personnel and bureaucracy that is now operating need to be made. I fully support the resources in Bosnia and Herzegovina. under a flawed law. A law that gives Hutchison amendment. While many of us disagreed with the too little consideration for the liveli- The PRESIDING OFFICER. All time administration’s decision to send hood and property of people, and too has expired. Under the previous order, troops to Bosnia, while many of us ad- much for bugs, bees, and bureaucrats. the amendment will be laid aside and vocated a different policy, those Amer- Mr. REID. Mr. President, I ask unan- the majority leader is recognized to ican forces are now there, and there- imous consent that each side have an call up an amendment. fore it is essential that we succeed. Our additional 1 minute. The Chair recognizes the majority credibility and that of NATO is on the The PRESIDING OFFICER (Mr. leader. line. It is essential that we in the FAIRCLOTH). Without objection, it is so international community get Bosnia AMENDMENTS NOS. 3480 AND 3481 TO AMENDMENT ordered. back on its feet. Otherwise, this risky NO. 3466 Mr. REID. I yield my 1 minute to the deployment of thousands of American Senator from Rhode Island. (Purpose: To provide economic reconstruction funds to Bosnia-Herzegovina subject and NATO soldiers will be for naught. Mr. CHAFEE. Mr. President, I note It will end up being a brief interlude in that in the second-degree amendment to compliance with the Dayton Accord’s requirement for withdrawal of foreign a long war. The challenges are im- it provides $1 to the Fish and Wildlife troops) mense. There are more than 2.5 million Service to do the entire emergency (Purpose: To provide economic assistance to Bosnians who have been displaced from listing. That shows you how serious the Bosnia and Herzegovina subject to certain their homes. At least 60 percent of other side is about this whole propo- conditions) housing in Bosnia has been damaged or sition. Mr. DOLE. Mr. President, I am going destroyed. Most Bosnian Moslems and In other words, in the underlying to offer two amendments on behalf of Croats have no paying jobs and have bill, there was $750,000 which was avail- myself and the distinguished chairman been dependent on humanitarian as- able for the downlisting and the other of the Foreign Operations Subcommit- sistance for nearly 4 years. activities in connection with this pro- tee, Senator MCCONNELL. One amend- No doubt about it, the Bosnians need gram. And now they are saying that we ment would prohibit the release of and deserve our help. However, there are out to take care of this situation funds to Bosnia under this act until the are problems that we cannot and because there is an emergency provi- Bosnian Federation is in compliance should not ignore. First and foremost sion, and in order to take care of it with article III of annex 1–A of the is the continued presence of Iranian they provide $1. military personnel in Bosnia and Ira- It seems to me that shows you how Dayton agreement which simply means that all foreign forces must leave nian intelligence officials. serious really the other side is in pro- They pose a potential threat to our posing this second-degree amendment. Bosnia before funds for civilian implementation can be released. forces—but also to Bosnia’s place in And so I hope that the Reid effort to the international community. The table the Hutchison amendment will I will also send to the desk another amendment on behalf of Senator McConnell-Dole amendment requires succeed. the President to certify that the MCCONNELL and myself which estab- The PRESIDING OFFICER. The Bosnians are in full compliance with Chair recognizes the Senator from lishes several conditions for the use of the funds provided for civilian imple- article III of annex 1–A of the Dayton Texas. Agreement mandating the withdrawal mentation projects in Bosnia. In my Mrs. HUTCHISON. Mr. President, I of foreign forces, and to certify that view, these two amendments should yield 30 seconds to my colleague from Bosnian Government-Iranian Govern- enjoy bipartisan support. As far as I Texas and 30 seconds to my colleague ment cooperation on intelligence mat- know, there is no objection to the from Wyoming. ters has been terminated. Mr. GRAMM. Mr. President, I hope amendments, but I will offer the It seems to me that through our ac- nobody is confused by the statement amendments and not ask for final dis- tions today we can send two beneficial that was just made. When we took a position until everyone has had an op- signals: That we are seriously commit- time out in April of 1995, we did not portunity to take a look at them. ted to assisting Bosnia, but that the take all the money away from the Fish I am pleased to cosponsor with the Bosnian Government’s continued mili- and Wildlife Service. We left them the chairman of the Foreign Operations tary and intelligence relationship with money to continue to trample on pri- Subcommittee these two amendments Iran must be halted. vate property and the rights of citizens to the Bosnia supplemental portion of We know that Iran provided military and to continue to fail to look at rea- the continuing resolution. I wish to ad- aid to Bosnia when the rest of the son, responsibility, and cost and bene- dress first the issues of offsets for this world refused to. I opposed the policy fits. But we simply took away the right $200 million in civilian implementation of refusing the Bosnians the means to for them 3 years after the law had ex- funding. I understand that this portion defend themselves. The Congress op- pired to continue to limit jobs, growth of the supplemental was designed as an posed that policy. But, that is the past. and opportunity in America. The only ‘‘emergency’’ by the Appropriations And now the Bosnian Government reason the Senator from Texas added a Committee but was offset by the must make choices that will affect dollar in her amendment was because House. I hope that the conferees will Bosnia and Herzegovina’s future. Will this is an appropriations bill and it was ultimately offset this $200 million re- Bosnia be part of Europe and the West strictly a technicality. The Senators quest. or not? A continuing military and in- amendment does not reduce the $750,000 As we have seen over the past few telligence relationship with Iran clear- available. So I hope no one is confused. months, the military aspects of the ly jeopardizes Bosnia’s future as a plu- The PRESIDING OFFICER. The Dayton agreement have been the easi- ralistic democratic state in Europe. Chair recognizes the Senator from Wy- est to implement. It is the civilian side Looking further at developments oming. of the equation that poses the toughest within Bosnia, we need to make sure S1912 CONGRESSIONAL RECORD — SENATE March 13, 1996 that our economic assistance has a Mr. DOLE. Mr. President, I do not may be requests from both sides of the positive effect on the social, economic know if anybody now wishes to speak aisle. I know Senator MCCONNELL wish- and political situation there and that on these amendments, but I wanted to es to speak briefly. He is now involved other donors are doing their fair share. offer the amendments. I think Senator in a hearing. I ask the amendments be So, besides limiting U.S. aid to projects MCCONNELL will speak after his hear- temporarily laid aside, and I yield the in the U.S. sector, the second McCon- ing. floor. nell-Dole amendment would add cri- I yield the floor. The PRESIDING OFFICER. Without teria including: Mrs. HUTCHISON addressed the objection, it is so ordered. Prohibiting funds for the repair of Chair. Mrs. HUTCHISON addressed the housing in areas where displaced per- The PRESIDING OFFICER. The Chair. sons or refugees are refused the right of Chair recognizes the Senator from The PRESIDING OFFICER. The return due to ethnicity or political Texas. Chair recognizes the Senator from party affiliation; Mrs. HUTCHISON. Mr. President, is Texas. Establishing, in advance, GAO audit there a time limit on this amendment? Mrs. HUTCHISON. Mr. President, I access to the banking and financial in- The PRESIDING OFFICER. There is ask unanimous consent to speak for 5 stitutions that will receive AID assist- no time limit. minutes. ance; Mr. DOLE addressed the Chair. The PRESIDING OFFICER. Without A certification by the president, after The PRESIDING OFFICER. The ma- objection, it is so ordered. 90 days, that the total U.S. contribu- jority leader. Mrs. HUTCHISON. Mr. President, I tion to reconstruction for this year, Mr. DOLE. Mr. President, I believe I rise to speak on behalf of the amend- $532 million, has been matched by a sent two amendments to the desk. I ments that have just been laid down by combined total of bilateral donor ask unanimous consent to lay aside the the majority leader and by Senator pledges. first amendment and call up the second MCCONNELL of Kentucky. I think it is These amendments do not address all very important that we continue to problems related to the civilian effort amendment. keep in mind that the agreement that in Bosnia, but they go a long way. For The PRESIDING OFFICER. Without was made by the Senate, over my ob- example, more congressional oversight objection, it is so ordered. jection, frankly, that we would send and work will need to be done on the The clerk will report the second the troops to Bosnia, nevertheless did matter of civilian police and the inter- amendment. include some very important points. national police task force which is par- The legislative clerk read as follows: After the United States has expended tially funded in this supplemental. The Senator from Kansas [Mr. DOLE], for so much to try to keep this peace This week we saw houses being looted Mr. MCCONNELL, for himself, Mr. DOLE, and agreement, it is most important that and burned in Sarajevo and a handful Mrs. HUTCHISON, proposes an amendment numbered 3481 to amendment No. 3466. the agreement be kept in force, includ- of international police are standing by ing the arming and training of the and watching—because they have no Mr. DOLE. Mr. President, I ask unan- Moslems. That was a key reason that arms and no authority. Another vital imous consent that reading of the so many people on this floor voted to issue is that of arming and training amendment be dispensed with. support sending the troops. It is most Bosnian Federation Forces—which is The PRESIDING OFFICER. Without important that we get on with that critical to the long-term stability of objection, it is so ordered. part of the agreement. Otherwise, after Bosnia. That of course, can also only The amendment is as follows: all the money that we have spent try- be achieved once the Bosnian Govern- On page 751, section entitled ‘‘Agency for ing to bring peace to the Balkans, the ment ensures that Iranian military International Development, Assistance for results will be short-lived, because if units are no longer on its territory. Eastern Europe and the Baltics,’’ insert at Mr. President, helping Bosnia and the appropriate place, the following: ‘‘Pro- there is not some sort of parity there the Bosnian people is the right thing to vided further, That funds appropriated by this among the three parties, I think it will Act may only be made available for projects, be difficult to keep the peace for a long do. However, we must do so wisely— activities, or programs within the sector as- and these two amendments will ensure term. The one chance that I think we signed to American forces of NATO military have is if there is parity among the that U.S. dollars are spent prudently Implementation Force (IFOR) and Sarajevo: and in a manner that supports our Provided further, That priority consideration parties. So I hope the President will re- broader goals. It is not only in Bosnia’s shall be given to projects and activities des- member that part of the agreement interest, but in our interest, to have a ignated in the IFOR ‘‘Task Force Eagle civil that was made and get on with the Bosnia which is pluralistic, demo- military project list’’: Provided further, That other parts of the Dayton agreement cratic, multiethnic and able to defend no funds made available under this Act, or that would give the best chance for itself. any other Act, may be obligated for the pur- this to be a successful mission. I certainly urge my colleagues to poses of rebuilding or repairing housing in So I am very pleased to support and areas where refugees or displaced persons are ask unanimous consent to be added as support these amendments, and I now refused the right of return due to ethnicity send these amendments to the desk. or political party affiliation: Provided fur- a cosponsor of Dole-McConnell amend- The PRESIDING OFFICER. The ther, That no funds may be made available ments. clerk will report. under this heading in this Act, or any other The PRESIDING OFFICER. Without The legislative clerk read as follows: Act, to any banking or financial institution objection, it is so ordered. The Senator from Kansas [Mr. DOLE], for in Bosnia and Herzegovina unless such insti- Mrs. HUTCHISON. Mr. President, I Mr. MCCONNELL, for himself, Mr. DOLE, Mr. tution agrees in advance, and in writing, to yield the floor, and I suggest the ab- BENNETT, and Mrs. HUTCHISON, proposes an allow the United States General Accounting sence of a quorum. amendment numbered 3480 to amendment Office access for the purposes of audit of the The PRESIDING OFFICER. The No. 3466. use of U.S. assistance: Provided further, That clerk will call the roll. Mr. DOLE. Mr. President, I ask unan- effective ninety days after the date of enact- The legislative clerk proceeded to imous consent that reading of the ment of this Act, none of the funds appropriated under this heading may be made call the roll. amendment be dispensed with. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without available for the purposes of economic recon- imous consent that the order for the objection, it is so ordered. struction in Bosnia and Herzegovina unless The amendment is as follows: the President determines and certifies in quorum call be rescinded. writing to the Committees on Appropria- The PRESIDING OFFICER. Without No funds may be provided under this Act tions that the bilateral contributions objection, it is so ordered. until the President certifies to the Commit- pledged by non-U.S. donors are at least AMENDMENT NO. 3479 tees on Appropriations that: equivalent to the U.S. bilateral contribu- (1) The Federation of Bosnia and tions made under this Act and in the FY 1995 Mr. REID. Mr. President, very brief- Herzegovina is in full compliance with Arti- and FY 1996 Foreign Operations, Export Fi- ly, my friend, the senior Senator from cle III, Annex 1A of the Dayton Agreement; Texas, in his closing remarks regarding and nancing and Related Programs Appropria- (2) Intelligence cooperation between Ira- tions bills.’’ the Reid and Kempthorne amendments, nian officials and Bosnian officials has been Mr. DOLE. Mr. President, I do not indicated that when the moratorium terminated. know of any other speakers, but there was originally placed that there was no March 13, 1996 CONGRESSIONAL RECORD — SENATE S1913 money involved. That factually is not male. My State of Mississippi will have The underlying amendment by Sen- so. Mr. President, $1.5 million was re- a total of seven red cockaded wood- ator REID would lift the moratorium scinded at the same time that the peckers in this 100,000-acre set-aside in accepted and adopted by this Congress original moratorium was passed. the Chickasaw District of the De Soto last year. Senator REID would just take I suggest the absence of a quorum. National Forest. Seems a bit excessive, it away, saying that proper authoriza- The PRESIDING OFFICER. The but all done in the name of the Endan- tions for public policies are unneces- clerk will call the roll. gered Species Act. And, guess what— sary. The legislative clerk proceeded to the Forest Service wants still more The second-degree amendment by call the roll. acreage. Senators HUTCHISON and KEMPTHORNE Mr. LOTT. Mr. President, I ask unan- Most Senators can cite similar exam- would maintain the original morato- imous consent that the order for the ples of unbelievable experiences and ex- rium, but with some changes. It would quorum call be rescinded. cesses with this law in their States. I now only affect final listings and criti- The PRESIDING OFFICER. Without think that there is a need to provide cal habitat designations. This means it objection, it is so ordered. some commonsense protection for will permit emergency listings to go Mr. LOTT. Mr. President, I ask unan- birds, fish, and plants, but a respon- forward if the well-being of a species is imous consent to speak for 10 minutes. sible balance must be reached because at significant risk. This is a major The PRESIDING OFFICER. Without the Endangered Species Act is costing change because it will permit activities objection, it is so ordered. us millions of dollars. It is costing us to go forward, but they just cannot Mr. LOTT. Mr. President, I rise in thousands of acres. I think it is getting take the final action. Again, I think support of the Hutchison-Kempthorne out of control. Many in this city talk that this is common sense and respon- proposal with regard to a final listing about extremism by one side or the sible. moratorium for the Endangered Spe- other on policy issues, and perhaps the There are very few areas where my cies Act. bureaucracy’s implementation of the constituents get absolutely livid at I think a lot about this issue because Endangered Species Act has reached what is happening in America—but this I have had to confront it frequently in that stage. is one. We have lost control of this act. my State of Mississippi. I have also It is time that Congress pull the En- Congress needs to rethink it. Congress heard of many instances in other dangered Species Act back from the needs to correct the problem. We can States where major problems have been abyss and take a calm, reasoned look protect truly genuinely endangered caused by the Endangered Species Act. at it. That is what Senators HUTCHISON species but we have gotten down to the I say this as one who voted for this act and KEMPTHORNE are requesting area of subspecies—down to single way back in 1974, I think, when we through their amendment. A narrow blades of grass, this does not reflect originally passed it. I thought we were and limited pause for only one aspect our original intent. It appears that passing an act that would be aimed of the statute. only Congress can refocus the basic narrowly at truly endangered species. That is what this debate is all about. statute that a bureaucracy has taken I was thinking about perhaps, you Last year the Congress—not some alien over. know, crocodiles. I was thinking about group—this Congress put a hold on fu- So I urge my colleagues to take a se- maybe white tigers. I was thinking ture listing of endangered species and rious look at what is going on across about elephants. I had no idea the ex- the designation of critical habitat until America, as well as what is being pro- tent to which this law would be con- the basic statute had been reauthor- posed here. We should not lift the En- torted and twisted and used by the bu- ized. It should be noted that this stat- dangered Species Act moratorium reaucracy to harass people who are try- ute is long overdue for a full review without a proper reauthorization. Nor ing to create jobs and provide eco- and reauthorization. The Endangered should we allow the abuses to continue. nomic opportunities. Species Act authorization and its ap- We should support the commonsense There seems to be no end to the propriations expired in 1992. And, a proposal by Senator HUTCHISON. It is lengths bureaucrats will go to use the pause would enable this Congress to the right thing to do. It will give Con- Endangered Species Act to take private work in a measured manner to correct gress time to do the reauthorization and public property. I really think that the statute before more funds are spent without impacting emergency listings. common sense has been lost when it and more economic turmoil can occur. So I commend her for what she is try- comes to this particular statute. The authorization process is the ac- ing to do. And I urge the adoption of I do not think when I originally cepted method to establish and adjust the amendment by Senators HUTCHISON voted—in fact, I know that when I public policy. and KEMPTHORNE. I yield the floor, Mr. originally voted for this act, I had no So why has it not been reauthorized? President. idea that this would lead to the spotted Because those that want to continue Mr. President, I suggest the absence owl situation in the Northwest. I had this abuse under the guise of protec- of a quorum. no idea that it would create a problem tion are afraid that the American peo- The PRESIDING OFFICER. The in my own State of Mississippi with ple will insist that the Congress apply clerk will call the roll. species like the gopher tortoise or the common sense to this act. And so the The legislative clerk proceeded to ring-necked snake or the red cockaded debate has been stalled in the author- call the roll. woodpecker. I believe it never occurred ization committees making it impos- Mr. SPECTER. Mr. President, I ask to many of us who voted for this bill sible to bring it forward. unanimous consent that the order for over 20 years ago that it would destroy This leaves the appropriation process the quorum call be rescinded. jobs, cripple economic development, as the only legislative vehicle to ad- The PRESIDING OFFICER (Mr. and put private property at risk. It has dress the issue. And to the credit of COVERDELL). Without objection, it is so placed individual rights behind those of Senators HUTCHISON and KEMPTHORNE, ordered. a ring-necked snake. they are not trying to gut or repeal the Mr. SPECTER. Mr. President, I have In my own State of Mississippi, we statute. Rather they are asking for a sought recognition this morning to have had a real problem with the For- pause until the authorization work can comment briefly about the significant est Service because they want to set be completed. amendment which was enacted yester- aside not a few hundred, not a few It should be noted that the commit- day adding funding for the Depart- thousand, but 100,000 acres of timber- tee with jurisdiction here in the Sen- ments of Labor, Health and Human land for the red cockaded woodpecker. ate, through the efforts of Senator Services, and Education, the sub- I thought that a lot of birds were in- KEMPTHORNE of Idaho, and others, has committee of Appropriations that I volved. Unfortunately, I was wrong. As made a valiant effort to move this au- chair, and to say at the outset, again, a matter of fact, it involved just three thorization forward. But until it is re- my compliments to the distinguished colonies. Then I thought, well maybe a authorized, we should not continue to Senator from Iowa, Senator HARKIN, colony represents a lot of birds. Unfor- act. Abuses that has been heaped upon who is the ranking Democrat on the tunately, I was wrong again. A colony many Americans as a result of this act subcommittee, for his tireless work is just two birds, one male and one fe- should be stopped. and the work of his staff, as well as my S1914 CONGRESSIONAL RECORD — SENATE March 13, 1996 staff, in crafting that legislation in a but they predicted that the overwhelm- today with a downsizing of American bipartisan compromise. But I am very ing bipartisan support in the Senate business. All of this is in jeopardy if we fearful that if the partisan bickering for the White House stance on the issue are going to go back to crass politics and the political credit-taking contin- would help them prevail in the final and political credit-taking and politi- ues, we are going to jeopardize our legislation.’’ cal bickering as usual. chance to see that amendment as the Mr. President, I had hoped that I anticipate great concerns in the cornerstone of this omnibus appropria- would be the case, and I still hope that House of Representatives when they tions bill go through in the House of will be the case. But I am not so sure exercise their legislative discretion. In Representatives and be signed by the when we have this kind of political the United States, we have a bicameral President, so that it becomes law. credit-taking by Democrats for what form of government. We have the views We have seen political gridlock in was clearly a bipartisan movement. It of the Senate. We have the views of the Washington in the hours of the past is a move headed by Senator HARKIN House. I have great respect for what many months of an unprecedented na- and myself. It is a move that received the House of Representatives has to ture. We have seen the Government an 84-to-16 vote with 37 Republican say. close down twice, and we have seen the Senators supporting the measure. If we This kind of political bantering, po- American people recoiling in disgust at are going to go back to politics as litical dialog, and political credit-tak- the kind of fighting for political advan- usual and a claim of credit by the ing is going to be very, very difficult to tage which is taking place in this city. Democrats, I think this is going to be deal with, because I expect to hear all I believe that it is a matter for blame a very, very hard matter to hold in about it when we go to conference with to be equally proportioned, 50 percent conference. There have been some very the House of Representatives. They on each side of this aisle. key legislative proposals that have have their own points of view. They I think that what the American peo- been defeated this year when somebody have their constituencies. They are ple are looking for is to have an accom- crows and takes credit in the political elected on a 2-year basis. They have modation and to work out these dif- context before the ink is dry and before certain commitments that they have ferences of opinion so that we can keep the bill is finally worked through a made. This does not help the process at the Government going and not have an- conference committee and is finished. all. other shutdown, and work in the inter- Another Member on the other side of So, it is my hope that the political ests of the American people. the aisle was referenced in the Wash- rhetoric and the political credit-taking Yesterday, Senator HARKIN and I sub- ington Times today saying: will be toned down as we move ahead mitted a bill which we had worked on Senator Arlen Specter, Pennsylvania Re- to try to get this omnibus appropria- jointly in accordance with our respon- publican and coauthor of the amendment, tions bill completed. sibilities as chairman and ranking ‘‘knows how politically vulnerable Repub- Mr. President, beyond this omnibus member of that subcommittee and on licans are on education.’’ appropriations bill, it is my hope that which we had reached a good-faith, bi- That is not true, Mr. President. When the leadership and the Government partisan compromise. And there was a a reference is made to what ARLEN coming from the President, the admin- very, very strong vote in this body—84 SPECTER knows, the best source is istration, and the leaders of the Con- to 16—an unusually strong vote on an ARLEN SPECTER. I do not believe that gress will go back to the bargaining issue which is as highly contested as Republicans are any more vulnerable table and try to work out an overall that one was yesterday, or what would than Democrats on these volatile is- global settlement. We are about to un- be expected. And 37 of 53 Republicans sues of public policy. I think the Amer- dertake now the appropriations process joined in supporting that expenditure, ican people are coming to the conclu- for fiscal year 1997. We are already although there were many questions as sion that they ought to throw out all of scheduling the appearances of the Sec- to whether that was a wise approach in the incumbents because of dissatisfac- retary of Education, the Secretary of the overall matter, because we are tion for what is going on and the politi- Health and Human Services, and the looking for a settlement on the overall cal infighting and political bickering Secretary of Labor for the fiscal year budget dispute. But those differences which leads to gridlock. 1997 budget. It is a little hard to look were laid aside in the interest of fund- When we work through a very, very to the next year’s budget when we have ing for education, for health, and for tough, bipartisan amendment and ac- not even completed this year’s budget. labor and plant safety, to get that complish the goals of adequate funding We were able to have this revenue- done. for education and do it in a way which neutral on a tough vote for many Sen- No sooner was the issue resolved on protects the balanced budget concept, ators, Democrats as well as Repub- the Senate floor than we had back to because there are offsets on all of these licans, because we offset it against ex- usual political posturing—taking cred- lines, I would ask for a moratorium on penditures which are available only on it for what had been done in a very, the political infighting and the politi- a one-time basis. There had been talk very partisan way. Today’s New York cal credit-taking so that we can get on on a global settlement where we ad- Times quotes one Member of the Sen- with the business of the American peo- dressed the issue of entitlements and ate on the opposite side of the aisle ple. had savings there. There might be as saying—and this is attributed—‘‘Many There is an old saying that ‘‘a lot much as $10 billion available for the is- of our Republican friends that have could be accomplished in Washington, sues arising out of the Department of been reluctant to indicate their sup- DC, if people were not too concerned Labor, Health and Human Services, port for this, really fell over them- about who got credit for what was and Education. If we are to find a way selves to support this measure.’’ being undertaken.’’ I would say to my to have a budget which can be adopted Well, that is not so, Mr. President. colleagues on both sides of the aisle for fiscal year 1997, again looking to There has been a lot of Republican sup- that we ought to tone down the politi- the concerns of education, we are going port for education—both on the sub- cal rhetoric and we ought to get on to need a global settlement. If we have committee with Senator JEFFORDS with the business of the country. What the same allocation, 602(b) allocation being the leader for education funding, we have hanging in the balance from for my subcommittee, for next year as and Senator DOMENICI, as well as my the additional funding which we passed we had for last year when we go own participation. When an amend- yesterday of $814 million for title I through the budget resolution, I do not ment was offered on the other side of school districts, which is very vital for know how it will be possible to find the aisle several weeks ago to add sub- education in America, is: $182 million light at the end of the tunnel to add stantial money for education, it re- for school-to-work programs; we have the kind of money which we added yes- ceived 51 votes, and there were many some $200 million for safe and drug-free terday in the amendment. And we are on the Republican side of the aisle who school programs; we have some $635 looking to a very, very tough political joined there. million for summer youth job training; season. Then that Member is quoted going on we have very substantial funding for My thought is that, if the Congress of to say, ‘‘They expected Republicans in training for dislocated workers, a mat- the United States and the administra- the House to bridle at the agreement, ter of enormous importance in America tion cannot come to terms, it is not March 13, 1996 CONGRESSIONAL RECORD — SENATE S1915 only going to be bad public policy for country want to drink clean water. The same poll showed that while 6 the schoolchildren who very badly need They want to breathe clean air. They out of 10 Americans say there is too the money which we passed in the Sen- do not want to live near toxic waste much Government regulation, gen- ate yesterday and hope we can get sites that pose health risks to their erally only 2 in 10 believe that the through conference, but what will hap- families, regardless of whether they are statement applies to EPA. The public, pen in fiscal year 1997? It is not going urban or rural dwellers and regardless even those who consider themselves to get any easier as we move from of the region of the country. Unfortu- Republicans, do not trust their party March into April, May through to Oc- nately, despite the public’s commit- on the issue of the environment. tober and November. So it is my hope ment to environmental protection, this In years past, I have been proud to that the people who have been nego- Congress has mounted a full-scale at- work closely with many of my Repub- tiating on that overall budget global tack on our environment. The contract lican colleagues to pass strong and ef- settlement will come to terms, or I on America may not have mentioned fective environmental legislation. think we are all going to have havoc to the environment, but deep in the re- Frankly, I look forward to that oppor- pay when we look to fiscal year 1997. cesses of the presentation is a full- tunity this day. I know that there are But first things first. Let us focus on scale attack on our environment. Members from the other side of the the bill which is currently on the floor. The contract on America does not aisle who care about the environment Let us try to get the job done without have to mention it, but the signers of that we are leaving to our children and rushing to take the credit. the contract appear committed to our grandchildren. We want to leave Again, I thank my colleague, Senator doing everything possible to gut envi- them the best, the cleanest available. HARKIN, for his outstanding work and ronmental protection. First, the House I wish to single out for commenda- leadership on this important matter of Representatives passed a series of tion the distinguished Senator from and for setting a bipartisan tone which, riders on the EPA appropriations bill Missouri [Mr. BOND], chairman of the if carried out by all Members in this to essentially repeal laws protecting subcommittee on EPA and NASA and body on both sides of the aisle, I think our air, our water, our land, and our the Veterans Administration, who has will lead us to sound public policy for families. Also in that legislation, made a serious effort to increase fund- the education interests and the labor EPA’s budget, already underfunded, ing for EPA over the proposals that interests, the funding of Labor, Health was cut by a third from the 1995 fund- came from the House. He has had to and Human Services, and Education ing level, and more riders were added deal with an inadequate 602(b) alloca- programs. on the Interior appropriations bill. tion from the Budget Committee. He Mr. President, in the absence of any One banned new listings of endan- has worked hard within these con- other Senator in the Chamber, I sug- gered species. Another rider essentially straints, and he deserves real credit for gest the absence of a quorum. turned over the old growth forests to that. The PRESIDING OFFICER (Mr. private timber interests. And then the Unfortunately, despite his efforts and COVERDELL). The clerk will call the House passed changes to the Clean despite the efforts of the ranking mem- roll. Water Act. That bill dramatically ber of this subcommittee, Senator MI- The bill clerk proceeded to call the weakened EPA’s enforcement author- KULSKI from Maryland, laboring hard roll. ity, wrote off the Nation’s valuable to try to improve the funding, because Mr. LAUTENBERG. Mr. President, I wetlands, and included numerous other of the inadequate funding in the Re- ask unanimous consent that the order provisions apparently drafted not by publican budget for almost all domes- for the quorum call be rescinded. legislators but by lobbyists for cor- tic needs, the funding in this bill for The PRESIDING OFFICER. Without porate polluters. Bills have also been environmental protection is just not objection, it is so ordered. introduced to cripple the Clean Air enough to do the job. And, although AMENDMENT NO. 3482 TO AMENDMENT NO. 3466 Act, to weaken our program for clean- better than proposals from the House, (Purpose: To provide funding for important ing up toxic waste sites, and to exempt the legislation would require real cuts environmental initiatives with an offset) various industries from critical envi- in critical environmental programs. Mr. LAUTENBERG. Mr. President, ronmental regulation. Compared to last year’s budget, even this morning, I send an amendment to Another legislative proposal which after the enactment of the Republican the desk for myself, Senator MIKULSKI, passed the Senate would weaken some- rescissions bill, the bill before us would Senator DASCHLE, Senator JOHN thing called the community right-to- cut EPA by over 11 percent. KERRY, Senator KENNEDY, Senator know law. I am the author of that law, So, my amendment proposes to re- LIEBERMAN, and Senator LEVIN, and and it has been on the books for some store funding for the environment to ask for its immediate consideration. time. It simply requires polluters to bring EPA’s budget back up to, essen- The PRESIDING OFFICER. The tell the public the truth about emis- tially, last year’s level after the rescis- clerk will report. sions that come from their place of sion. The bill clerk read as follows: business. It has been responsible for a And, perhaps most importantly, the 46-percent decrease in toxic emissions The Senator from New Jersey [Mr. LAU- amendment will add $365 million for TENBERG], for himself, Ms. MIKULSKI, Mr. in 4 years. It has been a smashing suc- States to fund sewage treatment and DASCHLE, Mr. KERRY, Mr. KENNEDY, Mr. cess, as they say, and yet a rider to the drinking water programs through LIEBERMAN, and Mr. LEVIN, proposes an omnibus regulatory reform bill would State revolving funds. amendment numbered 3482 to amendment gut that law and allow any company to Our State and local governments No. 3466. easily remove chemicals from the list- need these funds to meet Federal Mr. LAUTENBERG. Mr. President, I ing requirement. standards related to the control of sew- ask unanimous consent that reading of As one can see, the list of congres- age waste and to ensure safe tapwater. the amendment be dispensed with. sional attacks on our environment goes States leverage this money so its real The PRESIDING OFFICER. Without on and on, and it is a source of great value will be many times the amount objection, it is so ordered. concern to millions of Americans. A appropriated. Yet the needs are enor- (The text of the amendment is print- poll, a Republican poll, commissioned mous. Local governments need to meet ed in today’s RECORD under ‘‘Amend- by the Republican Party, by Linda Clean Water Act mandates that will ments Submitted.’’) DiVall, showed that only 35 percent of cost over $100 billion. So this is not the Mr. LAUTENBERG. Mr. President, the voters would support a candidate time to be stingy with aid. It is critical this amendment has a very simple who supported the one-third cut in to many hard-pressed communities and task, I think a very important task, EPA funding proposed by the House to citizens who rely on safe drinking and that is to restore funding for a Republicans. Mind you, a Republican water coming from their taps. critical national priority, and that is poll showed that only 35 percent of In addition to the $365 million to the protection of America’s environ- those who vote would be willing to sup- keep our water clean, my amendment mental heritage. port a candidate who supported this includes various other provisions that There is broad support for protecting one-third cut in EPA funding. That is will improve our environment. These our environment. Americans across the quite a revelation. include $50 million more for the S1916 CONGRESSIONAL RECORD — SENATE March 13, 1996 Superfund Program to clean up toxic waters—streams, tributaries—did not think it is a modest and certainly a waste sites, and success and progress meet water quality standards. Today, reasonable proposal. I hope my col- can be directly measured there. But only 40 percent fail that test. That is a leagues on both sides of the aisle will what is going to happen as a result of remarkable improvement, and we can support it. the funding levels that we presently continue to build on that. But if we let Mr. President, we all ought to agree have is we will be shutting down work it slip back, it does not take long for here, and we will agree when we cast on sites that had begun, that show pollution to take over. our votes, that the environment is a some promise for cleanup. That will Thanks to our environmental laws priority for those of us who can do grind to a halt. there is now a generation of children in something about it. We have to decide We have $62 million for environ- many parts of the country who have no here and now what it is that we want mental technology to do the research conception about the terrible air pollu- to leave for our kids by way of environ- necessary to find different ways and tion that spoiled our air not too long mental protection. Do we want them to more effective ways to treat the envi- ago. Even our biggest cities have fewer be able to breathe the air without get- ronment. days of unhealthy air pollution than ting sick? Do we want them to be able We have $75 million for the Depart- they did 20 years ago, despite economic to go to the water tap? Sales of bottled ment of Energy included in here, for its growth and population increases. Lead water in this country continue to esca- excellent weatherization program has been taken out of gasoline, which late. I am sure, when the original set- which will provide weatherization has had a significant positive impact tlers came here they never dreamed grants for 12,000 homes, and give people on children’s mental health. Today, they could do anything else but drink a chance to protect themselves against ambient levels of lead are down 89 per- the water that was naturally available, the cold so they do not have to spend cent since 1984. and now some 40 percent of the popu- as much for fuel and also do not add to Sulfur dioxide concentrations in lation is buying bottled water. We the consumption levels. urban areas are down 26 percent since ought to be able to assure people that, Mr. President, we have $75 million for 1984, improving the ability of people when kids go to the tap to take a the National Park Service, to stop the with asthma and other respiratory dis- drink, they are not jeopardizing their degradation that is taking place in our eases to lead normal lives. health, nor is the ground they are play- national parks. The National Park Carbon monoxide levels are down 37 ing on dangerous for their well-being. Service needs money. It needs staff. It percent since 1984, largely due to clean- Those are the decisions we are going needs resources to keep these parks up er cars and fuels, and more effective to make with this amendment, Mr. to the level that makes them available vehicle inspection and maintenance President. I hope that all of our friends and makes all of us proud about these programs. These gains have come while on both sides of the aisle, Republican national monuments. the number of cars and vehicle miles and Democrat, will agree that while we There is also $5 million to advance has grown substantially. can discuss budget priorities, at the research for methyl bromide replace- Ozone levels have dropped since 1984, same time we can agree that we want ments. Methyl bromide causes nausea, so 43 million fewer Americans now to send a message on a cleaner environ- headaches, convulsions, and ultimately must breathe unhealthy ozone levels. ment. death in some cases. Research in this These advances occurred because this I yield the floor. area is badly needed. Congress passed the laws to make it Ms. MIKULSKI addressed the Chair. Unlike the underlying bill, which happen, not in recent sessions, but over The PRESIDING OFFICER. The provides funds on the assumption that the years, and because we provided the Chair recognizes the Senator from Congress and the President reach some funding to do the job. We made an in- Maryland. type of budget deal, this amendment vestment in the environment and that Ms. MIKULSKI. Mr. President, I rise has sufficient offsets so that we can investment has paid handsome returns. to join Senator LAUTENBERG and other immediately get on with our efforts to But now, if we back off on our commit- of my colleagues in offering this protect the environment. ment to the environment, successes of amendment to restore critical reduc- First, the amendment includes legis- the past no doubt will be reversed in tions taken in the funding for environ- lation, proposed by the administration short order. mental programs. I compliment the and adopted in the House reconcili- The environmental challenges of the Senator from New Jersey for his stead- ation bill, that will improve the Fed- future are substantial and in many fast advocacy on the environment, and eral Government’s ability to collect de- ways more difficult than those of the I look forward to working with him on linquent debts. The Federal Govern- past. We need to control emissions these important issues. ment is owed almost $50 billion in from many smaller businesses, some- Mr. President, we in Maryland are nontax debts. We simply have to do a thing not easy to implement or to po- budget weary. We have been battered better job of collecting them. lice. We will need to develop new tech- by the budget, we have been battered The other offset included in the nologies and we need to develop alter- by floods, and we have been battered by amendment calls for the sale of Gov- native approaches to controlling pollu- the shutdowns that have occurred. ernors Island in New York harbor. This tion. All of these require a real com- What has been so terrible about the also enjoys broad bipartisan support mitment of resources. That fact cannot shutdowns that have occurred is that and was included in the House rec- be wished away or ignored. they have shut down our ability to en- onciliation bill. Governors Island is no We have heard it said many times force America’s vital, crucial environ- longer going to be used as a Coast that we need to balance the budget be- mental protection laws relating to Guard station as it has been for so cause we are piling debt upon our chil- Superfund, safe drinking water, clean many years. It is now deemed to be in- dren. But what about the environment water, to be able to help our people be efficient and unnecessary as a place for we are leaving to our kids? In my view, in a safe environment and help local the Coast Guard. With these offsets, and the view of the American people, communities. our amendment is budget neutral. the environment simply must be a na- The full committee and the sub- Our Nation has made enormous tional priority. We can agree on bal- committee chairmen, Senators HAT- progress since the environmental ancing the budget and at the same FIELD and BOND, have taken important movement was ignited by Earth Day in time making certain that we provide a steps by restoring $240 million in real 1970. Environmental laws have made cleaner environment for our future money to this omnibus CR. This impor- our water safer to drink, cleaned up generations. If we want to balance the tant effort, I think, will move us be- our oceans and rivers, made the air budget we ought to find other ways to yond this weariness that we have with cleaner, and protected our land from do it than restricting environmental shutdowns. I hope that at the end of dangerous waste disposal practices. cleanup activities. this week, we have not shut down the This is no time to turn back. This amendment would simply main- Federal Government, we have not shut Because of our work, there have been tain funding for environmental protec- down the Environmental Protection measurable improvements in our air tion at about the same level as last Agency, and we have not shut down our and our water. In 1975, 60 percent of our year’s budget, after the rescission. I ability to enforce public health and March 13, 1996 CONGRESSIONAL RECORD — SENATE S1917 safety, nor that we have shut down the Protection Agency to do this. To keep What has really happened here in funding to go to environmental con- the funding cuts, I believe, will have a Washington in 1995 and 1996 is that a tractors. devastating effect on American citi- small band of radicals in the House of But the fact remains that despite the zens and will be a loss of national Representatives have fundamentally efforts of the chairman of the Appro- honor, as well as a national oppor- hijacked the Constitution of this coun- priations Committee and the chairman tunity to go global. try. In the name of ideological purity of the Subcommittee on VA and EPA, This national opportunity will enable and of their particular point of view, this appropriation, this CR continues us to take our environmental expertise they have disavowed the balance of to be $750 million below the 1995 level. that the world wants access to and to power between the executive and the It is the defunding of EPA. That is un- go around the world giving out infor- legislature. They have taken into their acceptable to us on this side of the mation, ideas, science and actual prod- own hands their own definition of tim- aisle, and it is unacceptable to the ucts. ing. American people. We talk a lot in this U.S. Senate They are breaking the law, Mr. Presi- The American people want clean air, about how we need to have good jobs at dent. They are breaking the law. The clean drinking water, they want con- good wages. I believe the frontier to do law says that these bills will be accom- taminated and hazardous waste sites that is in the field of environment, plished by a specific point in time. cleaned up, and they want their local using the expertise of EPA, working They have not been. communities to have the resources to with America’s academic institutions, So we are here for the 10th time de- provide wastewater and clean water to encouraging these new technologies in bating where we are going. People will these communities. the private sector. If we do that, we say, ‘‘Well, the President won’t agree.’’ The American people are absolutely will not only protect our environment, Well, the President has the veto power. opposed to efforts to weaken the envi- but we will also be able to create jobs That is what the Founding Fathers ronmental laws and are opposed to and be able to have an important con- gave him, and when the President has budget and staffing cuts that do that. tribution internationally. the veto power, and there is not a suffi- There was a recent poll that showed So I hope, therefore, that my col- cient political force in the country to that 46 percent of the American people leagues will support the Lautenberg- undermine whatever sustaining capac- want no changes in either clean or safe Mikulski-Lieberman and Kerry amend- ity there is in the Congress with that drinking water. ment to restore these cuts to EPA. We veto, then the President gets to have When we talk about the impact on believe we have sound offsets to be able that balance. these budget cuts, this has a tremen- to do it, and I believe then we can The reality is, you are supposed to dous impact not only on local commu- move this process forward. compromise. But that is not what is nities and on public health and public Again, I thank the chairman of the happening. I think it is very unfortu- safety, but it absolutely has a direct full committee, Senator HATFIELD, and nate for all concerned. I know that impact on business. the chairman of the subcommittee, there are moderates on the Republican A recent study by the University of Senator BOND, for taking the first step side, many in the Senate, who are un- Maryland’s Jacobs Center, which is a by restoring the $240 million. We look comfortable with what is happening, business evaluation center, said that forward now to taking the next step to who do not agree with it, who would businesses are concerned that cuts to put EPA at the 1995 levels. rather see the Congress of the United regulatory agencies lead to delays in I thank the Chair and my colleagues States do its business. I think it is en- permitting, and poorly trained staff for their attention, and I yield the tirely inappropriate for the country to also lead to a delay in permitting, floor. pay the price for this small group in which is a delay to business. Mr. KERRY addressed the Chair. the House of Representatives. In my home State of Maryland, good The PRESIDING OFFICER. The It is revealing that while a certain environment is good business. That is Chair recognizes the Senator from Mas- group of appropriations bills have made why we have been such strong support- sachusetts. it into law, it is revealing that the bills ers of the Chesapeake Bay Program Mr. KERRY. Mr. President, I thank that fund the agencies with primary re- and the cleanup of important rivers the Chair, and I particularly want to sponsibility for the environment and and polluted rivers, like Back River. So thank the Senator from Maryland and our natural resources, the Environ- the American people do not want any the Senator from New Jersey, Senators mental Protection Agency and the De- more cuts in EPA, and neither do I. MIKULSKI and LAUTENBERG, for their partment of Interior, have not been This amendment restores $738 million leadership and efforts to try to guaran- signed into law. I think, Mr. President, and puts us at 1995 levels. It is essen- tee that we have a sensible environ- that the fact that those particular bills tially a freeze on EPA, but it does re- mental policy in this country. have not been signed into law under- store funds to implement those impor- What is really astonishing is that scores the clash of priorities that is tant standards. this is the 10th time this year that we evidenced in the Republican approach It also does something else. This are debating the environmental pro- to the funding of those bills and the amendment restores programs relating grams of this country, the 10th time we Democratic approach. to the environmental technologies ini- are debating the 1996 budget. We are The fact that the Republican leader- tiative. That is an initiative to spur, now in the sixth month of the current ship is still fighting for large cuts in working with the private sector, new fiscal year, and we are setting a his- environmental programs is, in my technologies, new products that we can toric first for the United States of judgment, an indication that they are manufacture in the United States and America. In the 11 years that I have not in touch with the real concerns of sell overseas. been in the U.S. Senate, never—never the American people and their desire Mr. President, these environmental once—have we had to go into a suc- for clean air and clean water. The re- cuts have a great impact on the United ceeding fiscal year and still be debat- sponse from some will quickly be, States of America and its citizens, but ing the items of the last fiscal year. ‘‘Wait a minute. Of course we’re in also this has a great impact on our na- I would say, without any question at touch. Being in touch means you bal- tional reputation. The world is coming all, that the responsibility that fell to ance the budget. We have shown that to the United States of America for our the majority last year or the year be- you can balance the budget.’’ But you environmental expertise in Govern- fore, when they won the election, has do not have to do it at the expense of ment and its form of regulation, in really not been discharged properly. I these environmental programs. terms of academia, in terms of its sci- remember when we were in the major- So, in the final analysis, it really entific research on the environment ity, in the last occasion of 1994, all 13 comes down to a fundamental con- and in terms of a private sector that appropriations bills were passed on frontation between choices—the has developed techniques and products time. Whatever compromises were nec- choices you make to balance the budg- in manufacturing biotechnology to essary in order to achieve that, we un- et. And the choices that you make to clean up the environment. derstood the Constitution of this coun- balance the budget are the final evi- What we want to do in this legisla- try, we understood the nature of the dence of your priorities and of your tion is to restore the Environmental system. values. S1918 CONGRESSIONAL RECORD — SENATE March 13, 1996 That is why, Mr. President, I am here really: What priority do you place on zens cannot really afford to do that on once again in this 10th series of efforts protecting the Nation’s environment their own. In the 1980’s we had a part- on the environment with Senator LAU- and natural resources and the health of nership with the Federal Government TENBERG and Senator MIKULSKI and our citizens? where the Federal Government would others, to speak in support of increas- I am confident that we are going to provide anywhere from 55 to 75 percent ing the funding for specific environ- hear Senators on the other side of the of the money. That is not happening mental programs. What we are seeking aisle say, ‘‘I take no second seat to today. As a result, local communities to do is to add back over $900 million anybody in the country on protecting are being harder and harder pressed to for environmental programs at four the environment.’’ We will hear Sen- be able to try to live up to the stand- Federal agencies—at the Environ- ators say, ‘‘Let’s not kid ourselves; no- ards that we have set at the Federal mental Protection Agency, at the De- body is against the environment. No- level. Because they are harder and partment of Energy, at the Agriculture body wants to have bad water,’’ and so harder pressed to do that, they get and Interior Departments. It is our forth. It is fine to say that, Mr. Presi- angrier and angrier over those Federal judgment that this money is critically dent, but if you are in favor of cutting standards and begin to blame the needed in order to fully protect Ameri- inspections, if you are in favor of cut- standards themselves. ca’s health and safety at a level that ting a community’s ability to be able What happens here, you get caught in Americans have come to expect and to provide that clean water, if you are a vicious circle. People begin to lose that they believe is their right. voting for an amendment or a bill that their commitment to the standards and Mr. President, if we succeed in pass- reduces the commitment from last to wanting to clean up because they ing an omnibus spending bill, we are year, even though no American is ask- feel oppressed by them. The reason going to set the environmental budget ing for a reduction except for some they feel oppressed by them is they are for the EPA through the end of this fis- companies, it is very hard to follow required to do things they do not have cal year. If we pass a bill that includes through and say, you are, in truth, vot- enough money to do. The reason they environmental funding increases in ing for what you are talking about. do not have enough money to do it is this amendment, all we will have suc- That is the real difference here. What the Federal Government has pulled out ceeded in doing is bringing us back to are you voting for? What are you put- of the partnership and taken away the last year’s level of protection. I think ting into the budget? What numbers do help that was given in the 1970’s and Americans need to understand that. you really support? While the bill that the 1980’s. That happened, as we all re- This is not a Democrat effort to try is being brought to the floor is an im- member, in 1982 when Ronald Reagan to add huge sums of money, even provement from the conference report, came along and stripped away title II though many of us believe that in cer- it is still a budget that is hundreds of of the Clean Water Act and left the tain areas we ought to be spending millions of dollars below the level that mandate. All of a sudden the anger was more. This is simply an effort to hold most people in good conscience and directed at mandates our citizens harmless from a reduction good faith have decided is necessary in Mr. President, we desperately need below the level that we were at last order to continue the level that we that kind of funding assistance. In a year. have committed to the American peo- city like Fall River, a partner city to If, however, this amendment is de- ple. New Bedford, you have a similar sort of feated, Congress will have turned its In addition to that, Mr. President, tax base, similar difficulties. You have back and turned the clock back on the bill contains a series of legislative a combined sewer overflow problem some 25 years of environmental gains. riders that cripple the EPA’s ability to which the community desperately Ironically, for 19 of the last 25 years, be able to protect the Nation’s wet- needs to be able to refurbish, rehabili- Republicans were in charge of the EPA. lands, which is precisely what some tate the sewer overflows, 100-year-old It was Richard Nixon who signed into people want to do. They have never infrastructure, a current population, law the National Environmental Policy liked the wetlands protection. They and the current population is required Act and delivered protection of the en- want to develop wetlands, and they do to pay for the next 100 years. That is vironment as a national priority. I not care about the standards. So they not fair. You have to try to spread that think it is particularly ironic that are intentionally setting out to cripple out. after George Bush joined with us to it. And it would also halt the Depart- Nowhere is that more felt, Mr. Presi- help sign into effect the Clean Air Act, ment of Energy’s work on setting en- dent, than in the city of Boston where and after the many efforts of the last ergy efficiency standards for appli- we are living under a court order, Fed- years that have been bipartisan, that ances. eral mandate, Federal court order, that we are suddenly thrown into this par- Mr. President, we have, as I have said you have to go ahead and clean up the tisan clash over whether or not we can before—but I think it needs repeating harbor; at the same time, put in a sec- keep the funding at last year’s level. again and again—shown that you can ondary treatment facility for water, Regrettably, our friends on the other balance the budget in 7 years without billions of dollars of expenditure. So side of the aisle have made a different doing what the Republicans are choos- the citizens of our State and city have choice, and it is different from what ing to do here. I hope that we will rec- seen a 40 percent increase in their most Americans are telling us that ognize that without restoring some of water rates in the last few years. It has they want. I think almost every poll in this funding, the cuts to the EPA are gone up to about $618 per family and the country has shown that Americans going to deal an extraordinarily harsh will go up to $800. This drives out busi- want to protect their environment: blow to efforts to be able to protect us. ness, drives down the value of property, they want cleaner air, they want clean- I would like to bring it down to a and most importantly, it is just impos- er water, they want pristine rivers, local level, if I may, Mr. President, to sible for the average family, already they want our ecosystems protected, my State of Massachusetts. We are try- struggling on a lower income, to be they want an abundance of species, ing, in this bill, to increase the State able to pay these increasing costs. plants, and animals, they want clean revolving fund by $365 million over Once again, what is the result? The beaches and national parks, and they what the Republicans have provided. result is people get angry at the man- want public lands that are safe and Every State will benefit. All cities in date, even though it is a legitimate they want them protected. They want each of our States that are in need of mandate that you have clean water. cities with breathable air and indus- new infrastructure will benefit by add- The result is we begin to lose the con- tries and businesses that are willing to ing to the State revolving fund. sensus in this country to be able to do join in the effort to guarantee that We have communities in Massachu- these things. these kinds of protections exist. setts, a community like New Bedford, Mr. President, in the 1970’s and 1980’s, Unfortunately, Mr. President, you for instance, about 100,000 residents, is many communities got money to the cannot reconcile that stated desire of building a sewer treatment facility tune of 90 percent, 75 percent, 55 per- the American people with the budget that will cost more than $200 million. cent of their project being paid for by figures that we are being presented. So It has to build this under Federal law. the Federal Government. In 1996, Bos- the central question in this debate is Yet the tax base is such that the citi- ton has received a total of 18 percent March 13, 1996 CONGRESSIONAL RECORD — SENATE S1919 funding, contrary to the 55 percent, 75 going to reduce the level of inspections stonewalled. Leon Panetta came and percent, 90 percent of years past. Even and give us more Jimmy Andersons, said, ‘‘Well, the only way we can sign President Bush saw fit to put $100 mil- why do we not just stop and think this bill is to spend $2 billion more.’’ lion each year into our budget to help about what the environmental protec- This was at a time when the President us with that. We desperately need the tion effort is trying to achieve and was stating that he was for a balanced State revolving funds and those kind of what it has achieved in its previous budget. However, he was asking that commitments. That is an example of years. Jimmy Anderson’s mother came we break the budget by $2 billion. He one State. That can be replicated all to Congress to testify. This is what she vetoed the bill and said we need $2.5 across this country. There are other said: ‘‘It is difficult for me to come be- billion. No longer the original $2 bil- communities in need of additional fore you today but I do so with the re- lion. money. alization that industry has the Mr. President, how much is enough? Mr. President, there is another area strength, influence, and resources that How much is enough? How far do they that is a concern. That is the area of we, the victims, do not. I am here as a want to break the budget? I have the funding for the cleanup of toxic reminder of the tragic consequence of fought hard on this bill, and I believe waste sites. This bill provides an in- uncontrolled toxic waste and the neces- we have fought responsibly to raise the crease, for which we are obviously sity of those who are responsible for it, amount of money appropriated for grateful, over the conference report to assume that responsibility.’’ vital environmental cleanup efforts, which devastated this program. Our Mr. President, in no uncertain terms, and within the appropriations available amendment would restore an addi- the budget that the Republicans are of- to us under the budget agreement, we tional $50 million to the Superfund fering empowers those polluters and have done a good job. which is still several hundred million takes away the responsibility. The (Mr. ASHCROFT assumed the chair.) dollars below what the President of the budget that we are offering tries to Mr. BOND. In this measure before us, United States has asked for. Now, hold those people accountable and pro- we have added additional funds and we while our amendment is not everything vide power to the victims. have put in a provision that if the we would have liked, we believe what I hope, Mr. President, that in the President will agree to sign a balanced the Republicans are doing will slow the hours ahead we can find the same kind budget amendment that would make cleanups. It will continue to stall of bipartisan coalition that we found the budget balance in 2002, there will cleanup efforts in communities that yesterday on education. This should be even more money available for what have very, very patiently waited for not be a partisan issue. I regret that I regard as a high priority, and that is Federal intervention. there are some who have stated their environmental cleanup. Let me just share with my colleagues priorities different from other people’s. My friend from Massachusetts said, a story that I think underscores why Finally, I hope we will rectify the ‘‘You are supposed to compromise and this is so important. The toxic waste legislative riders that open up more negotiate.’’ Well, on that matter, I cleanups are critical to our ability to timbering, that create a greater imbal- agree with him 100 percent. But let me be able to provide the fundamental pro- ance in the relationship between our ask my colleagues, Mr. President, if we tection that our citizens are looking natural resources and the people of this are supposed to negotiate and com- for. There was a young man in Woburn, country. There is nothing, frankly, promise, if we are supposed to come to MA, named Jimmy Anderson who got more important, than education. This an agreement with the White House, sick from a contaminated well in is part of our education effort. It is how do you do it when they do not Woburn. He died from lymphocytic leu- also part of our fundamental respon- show up? This Chamber is essentially kemia in 1981. His story underscores sibility to the next generations. I hope empty. But this Chamber is just what I why this $50 million is important. we will add the money that is nec- have had in attempting to deal with About 30 years ago, his mother, Ann, essary. the White House—nobody. I have suspected that something was wrong Mr. BOND. Mr. President, I rise in talked to the Agency head, Adminis- and that their water was bad because it opposition to the Lautenberg amend- trator Browner. I have talked to Ms. smelled bad. She went to authorities ment. I also must point out to my col- McGinty in the White House, head of and said, ‘‘There is something wrong leagues that the partisan rhetoric that the Council for Environmental Quality. with our water.’’ The authorities just we are hearing about the environment I have talked to the Vice President. I said, ‘‘No, don’t worry about it. It’s is reflective of the fact that this is an have talked to OMB director, Alice OK. It will be all right.’’ Then in 1972 election year. I have listened with Rivlin. I said, ‘‘We want to compromise her son Jimmy got sick. Despite her great interest to some of the wild and work with you to make sure we concerns, the wells that they were charges and political claims being meet the objectives of the programs drinking from remained in use until made. I keep checking to find if it has funded by this bill.’’ We do not have a 1979, when an environmental inspection anything to do with the measure before bill, Mr. President, quite simply, be- that was triggered by a totally dif- the Senate. I find, unfortunately, that cause the President has chosen the po- ferent event revealed that in those it has to do more with somebody’s litical tack. His political advisers say wells there were, indeed, high levels of campaign than with talking about the it is far better to veto and throw hot toxins. issues that are relevant to this bill. rhetoric than to sit down calmly and Eventually, other leukemia victims My colleague from Massachusetts has negotiate. came forward. It turned out that be- just denounced the fact that we are I hope the time has come when we tween 1966 and 1986 there were 28 cases breaking the law because there has are ready to negotiate, because I be- of leukemia among Woburn children been no appropriation for veterans, lieve we have made great progress in with victims concentrated in the two housing, environment, and space—the the environment in past years. I want sections that were served by those main subject areas of the subcommit- to see that continue. I believe the bill wells. Now, investigations revealed tee I chair. Well, I can tell you, Mr. before us will continue that progress. I when they analyzed the water, that President, quite simply why there has will be happy to work along with the there were whole lagoons of arsenic, been no bill passed and signed by the leadership on this side and the leader- chromium, and lead that were discov- President. It is because the President ship on the other side of the aisle to ered on a tract of land that had once vetoed the bill that we presented to come to a reasonable compromise that housed a number of chemical plants, him that was within the budget alloca- keeps us on our budget goal of bal- and from a nearby abandoned tannery tion and passed by both Houses of Con- ancing the budget, so we do not put the that had left behind a huge mound of gress. burdens of our debt on future genera- decades-old rotting horse hides that I can tell you, also, that beginning tions, but which will meet the objec- gave off a smell that commuters used last November when we sought to work tives that are funded in this bill in the to call the Woburn odor as they drove with the White House to find out what environmental area. by. would be acceptable, what we need to Let me return to the Lautenberg I say to my colleagues, before we do to accommodate their interests, we amendment. The Lautenberg amend- rush into adopting a budget that is were stonewalled, absolutely ment is about pumping up the rhetoric S1920 CONGRESSIONAL RECORD — SENATE March 13, 1996 and the polarization surrounding envi- the enforcement activities, all of which leased; that is, if the President agrees ronmental issues. I must say that the were included on the administration’s on a balanced budget. That would be an supporting remarks are completely in wish list. As a matter of fact, they increase of almost 50 percent. The oc- that vein. It is not about ensuring that were the first ones mentioned by the cupant of the chair and I have served limited dollars are spent on EPA pro- Administrator of EPA when I asked her as Governors. We know where the pedal grams and activities which most effec- to set priorities—assistance to the hits the metal and where the rubber tively reduce risk to human health and States for water infrastructure con- hits the road, which is in the States the environment. struction, toxic waste cleanups for where they actually do the cleanup. In The Lautenberg amendment includes sites posing real and immediate risks, Washington we talk about it and we funding for the administration’s entire and funding to ensure that there are no pontificate about it. It is the States wish list for EPA, totaling $726 million. employee furloughs or RIF’s. Reduc- that have to do the cleanup. It is the I would like another billion dollars, tions to ongoing contractual support States that take care of the needs of too. It is always nice to have that. are high priorities. their communities. It is the States Maybe the stork or the tooth fairy will Let me be clear. The amount pro- that take care of the environmental bring it. I am sure we can spend more vided in title I—that is not subject to risk to their citizens. And we increase money well. But it is not possible, un- contingency. The only contingency is that money by 50 percent in this bill. less we reach other agreements that that it be passed by the Congress and I note that it is especially ironic that will lead us to a balanced budget, that signed by the President. This appro- the pending amendment seeks to add we can accomplish that goal and put priation ensures that the EPA does not back pork barrel sewer projects. This is additional sums in. have to fire or furlough a single em- not environmental protection so much There are additional sums in this ployee. And the enforcement budget is as old-fashioned parochial political measure introduced and presented by increased, Mr. President, by $10 million pork. That is what is involved here. Senator HATFIELD, which will provide over fiscal year 1995, in a year when In addition to the State revolving more funding when we come to an total funds available for commitments funds this legislation fully funds State agreement on a balanced budget. The by this subcommittee were reduced by agency grants. We have recognized that offsets proposed in the Lautenberg 12 percent from the preceding year. the States have been assigned burden- amendment are phony. They are being We have held EPA at a higher level some responsibilities by the Federal used in the other Democratic leader- and even increased the enforcement Government to protect and clean up ship amendment to be offered to the budget. In addition, this legislation the environment. We have tried to pro- bill. How many times can you trod out recommends another $162 million in vide sufficient funds for them to do that same old ghost of imaginary cuts? title IV, the contingency section, for that despite the budgetary constraints Imaginary cuts are a great offset, but additional State revolving funds oper- under which we must act. they make awful thin soup because ating programs and a new laboratory Despite very serious concerns with there is nothing there. facility in the North Carolina Research the Superfund program—and there are As chairman of the VA–HUD sub- Triangle Park, where EPA space is serious problems with that program, committee, I have worked very hard to sadly deficient. Mr. President, and everybody in this fund EPA adequately within the very This legislation recommends a total body knows there are problems with it constrained budget allocation available of $6.1 billion—just $300 million, or 4 and reservations about putting a lot of to the subcommittee. The bill before us percent, less than the total fiscal year money into a program which virtually today increases EPA’s budget by $402 1995 actual spending level in a bill that every one agrees needs to be re- million above the conference level, in- is 12 percent overall below. Where did formed—the legislation before us actu- cluding $240 million within title I that we have to cut? We had to choose prior- ally recommends $1.263 billion for would be available upon the passage ities. We cut earmarked water and Superfund, $100 million more than the and the signing into law by the Presi- sewer projects—the pork that Members conference agreement. This appropria- dent of this bill, and another $162 mil- love to bring home. Bringing home the tion would result in an increase in the lion in title IV of the bill, the contin- bacon is unfortunately a sport that is dollars spent on actual cleanups in fis- gency section. We can spend the $162 still popular around here. cal year 1995 and would provide level million if we reach a broader budget Last year’s appropriations contained funding for enforcement activities. agreement. some $800 million in these bringing The Senator from Massachusetts and The total for EPA is $6.1 billion. home the bacon projects. This bill all other proponents of this measure have This, I believe, represents a good-faith but eliminates such earmarks. talked about the slowdown in effort to meet the administration’s I note that the Senator from Massa- Superfund. Slowdow is synonymous concerns, even though they are not chusetts, a staunch defender of the with Superfund. That is what willing to discuss those concerns with amendment that is being offered, would Superfund has become—a tremendous us or present us with an honest see funding for his State to go up by slowdown project. It has had some tre- prioritized list of needs and wants. another $75 million. Certainly it does mendous benefits. It has had tremen- We have made these efforts because enhance one’s enthusiasm for an dous benefits for the lawyers who file we are concerned about the environ- amendment. But I will address that the lawsuits and argue over who is ment. We have made these efforts, and part later. going to be responsible. The more we have taken these steps because H.R. 3019 provides $1.825 billion for money we put in the Superfund the Members of this body on both sides of State revolving funds. This includes an more fees we generate. This is a litiga- the aisle are interested in protecting increase of $100 million over the Presi- tion machine. This is a lawyer’s dream. the environment. This is a bipartisan dent’s request of $500 million for drink- The law provides more dollars for law- issue. ing water—State revolving funds to be yers and too little for cleanup. We can- The arguments about the Republican distributed by a formula based on not just throw more and more dollars opposition to the environmental clean- need—a formula based on need and not at it without changing the law. up are absolute hogwash. It is embar- a formula based on who can offer an If we are serious about the Superfund rassing that we have to answer those amendment. It is a formula for which and toxic site cleanups—and we must inane charges on the floor of the Sen- we hope the Environmental Protection be—then we have to reform the pro- ate. It is appalling to me that someone Agency and State agencies will use gram. We are working to reform the would come down and make those as- good, sound science and prioritizing in Superfund Program so that the money sertions. But they have been made, and determining where the money needs to in Superfund goes to what people they are nonsense. They do not deserve go. thought it ought to, and perhaps think further discussion. In fiscal year 1995 the States received it still goes to; that is, cleaning up the The additional funds in title I, which only $1.235 billion in revolving funds. sites. are funded within the subcommittee This year’s bill ensures that States will Mr. President, many of the rec- 602(b) allocation, are provided for State receive $1.725 billion, and an additional ommendations included in the commit- revolving funds, for the Superfund and $100 million if title IV spending is re- tee reported bill for EPA were made by March 13, 1996 CONGRESSIONAL RECORD — SENATE S1921 the National Academy of Public Ad- calls, I have written letters, and I have event in New Jersey. Oh, that was a ministration. This is a nonpartisan or- held hearings—nothing, zip, nothing. bell ringer. The political pundits and ganization which was asked by my Unfortunately, the White House seem- spin masters must have been rubbing predecessor, my Democratic colleague ingly has decided that portraying me their hands together in glee. He at- and ranking Member, Senator BARBARA and those on this side of the aisle as tacked Congress as being MIKULSKI, to undertake a report on re- antienvironment is a better political antienvironment. He accused the Con- forming EPA 2 years ago. I want to say strategy than compromise. My phone gress of shutting down cleanup at a once more for the Record that Senator calls have not been returned. My let- Superfund site in Wallington, NJ. He MIKULSKI has been a leader in promot- ters have not been responded to. pointed out that right next to the site ing environmental progress and using I held a hearing on January 26. EPA was a school and children were in dan- the best management and the best administrator Carol Browner refused to ger. Why? It was because the Repub- science to do so, and the work that was admit there can—and, indeed, must licans in Congress wanted to subject done at her request in the National be—priorities within the EPA’s budget. these children to the dangers of toxic Academy of Public Administration, I The Administrator, when I asked her waste. think—in common forums away from for her priorities, claimed that the en- We listen to a great commentator the political diatribes on the floor and tire $966 million of add-backs de- named Paul Harvey back in our part of on the hustings—is recognized as the manded by the White House were criti- the country, and he says, ‘‘Now let me way we should go to make sure that we cal, including earmarks for sewer con- tell you the rest of the story.’’ Well, deal with the threats to health and the struction, the pork barrel part of it. Is the rest of the story gets pretty inter- threats to the environment from toxic there anything that is more important esting because what he did not say, waste. than the environment? When you can- what the President did not say was We followed the recommendations in not set any priorities you do not have that EPA chose—not Congress, EPA this bill of the National Academy of any priorities. If you refuse to chose—to slow down the work at that Public Administration. They were pre- prioritize, to live within a budget, then site. We gave them the dollars and told sented to Congress almost a year ago, you do not have any idea of what you them: You set the priorities. You and they said turn over more respon- are trying to do. prioritize your cleanup dollars to put sibility to the States; turn over respon- Two weeks ago, I held a second hear- them into the areas which pose the sibility to the States which have devel- ing on EPA. We heard from former greatest risks to human health, and do oped capacity over the past 25 years to EPA Administrator Bill Ruckelshaus, that first. manage environmental programs. Do State environmental commissioners, Why did we do that? Why did we do that, Mr. President? Because we had a not step on their efforts, if they are EPA Science Advisory Board members, GAO study of existing Superfund clean- doing a good job. If they are not doing and others. These witnesses confirmed up actions. This study showed that 32 a good job, Mr. President, there is the importance of setting priorities percent of the sites reflected an imme- every reason to have a Federal agency and reordering spending to achieve the diate threat to human health and the which says, ‘‘You are not doing a good most gains for the environment with environment, and those are under enough job.’’ If we in Missouri were the available dollars. These witnesses present or current land uses; 15 percent polluting the air of Illinois, polluting recognized that spending was not un- would not pose any risk to human the water of Arkansas or Mississippi or limited and there must be management health in any event; 50 percent would Louisiana, the national agency should discipline to ensure we allocate re- pose a threat to human health only if step in. But if we are doing the job in sources effectively. they changed the land use. Missouri in cleaning up the environ- Unfortunately, instead of attempts Therefore, if you went into an indus- ment to standards set on a national to compromise, we have seen nothing trial site where they had had manufac- basis to protect the national health but incendiary rhetoric from the ad- turing and transportation and did not and well being of the environment, ministration. Two weeks ago, EPA Ad- clean it up and set up a kindergarten then we ought to give the States the ministrator Carol Browner, at a press playground or a day care center, that flexibility to do it. event staged by House Democrats, stat- would pose a risk. So you do not do According to NAPA, ‘‘EPA should reed that the Republican budget would that. Fifty percent of them pose no vise its approach to oversight, regard- force her to choose between setting risk to human health under the current ing high-performing States with grant drinking water standards for land use. And unless you brought in flexibility, reduced oversight, and cryptosporidium and controlling toxic kids and had them eating the dirt, greater autonomy.’’ water pollution in rivers, lakes, and there would be no human health That sums it up. This is what we streams. risks—15 percent, no human health have tried to do through the appropria- There is not a shred of truth in that. risks. Only 30 percent of the taxpayer tions bill. We have even included au- I think cryptosporidium and control- dollars were being spent on human thority for EPA to begin issuing block ling toxic water pollution are top pri- health risks. grants for maximum flexibility. We orities. How come she cannot see that? So we told EPA: Go out and spend have tried in this bill to get EPA to How come she wants to put pork-barrel your money where there is a human focus on the areas of highest risk to projects and corporate welfare projects health risk. You have more than human health and the environment, in a budget and say that those are enough money to do that. and to reduce spending for the time equal in priority? They are not estab- So either one of two things, Mr. being on those programs which produce lishing any priorities. If they give us President. Either EPA decided that the less bang for the buck, either in terms some priorities, we will work with Wallington, NJ, site was not posing a of the cleanup progress or the risk that them. Let us talk about things that risk to human health, which would they are dealing with. Rather than really can clean up the environment. have been a vitally important factor spending time organizing press con- The appropriation for EPA does re- that reporters could ask the President ferences and news events, I believe that quire EPA to begin to set priorities—a about at his news conference. Or if EPA should follow the recommenda- novel concept. The National Academy there was a real risk to human health tions of NAPA to get its own house in of Public Administration, the General and EPA had staged the slowdown to order. Despite EPA’s claims to support Accounting Office, EPA’s own Science give the President a political forum. NAPA’s recommendations, we have Advisory Board, and other experts who One of two choices. Maybe EPA will seen little in terms of real change. have testified before our committee tell us which. Did they allow the Presi- As I have mentioned before, Mr. recognize that EPA should begin to do dent to hype as a risk something that President, I have been trying unsuc- it, but in no way does it force the sort was not a risk, or did they slow down cessfully—I have been waiting for 5 of tradeoff that the Administrator defunding for something that really was months to forge a compromise with the scribed. a risk in order to give the President po- White House within the allocation Let me get to one of my favorites. I litical gain and political mileage? available to my subcommittee. Since am sure you read or heard or saw on Whichever answer, it is not very last November I have placed phone TV about the President’s campaign pleasant. It is not something that I S1922 CONGRESSIONAL RECORD — SENATE March 13, 1996 think the people of America would tol- requests in lots of other areas. I have Mr. BOND. Mr. President, seeing no erate. If there is a risk to human had many, many Members tell me other Member seeking the floor, I now health, we said we will give you the about the very difficult situations they suggest the absence of a quorum. money; go forward and clean up those face in their States. They have talked The PRESIDING OFFICER. The risks first. Prioritize them. EPA has a about water system supplies, and I clerk will call the roll. little trouble focusing on the priorities. said, ‘‘Yes, I understand that.’’ And we The legislative clerk proceeded to It is about time they did. have not done a good job in the politi- call the roll. The amount of spending provided in cal process of determining which of Mr. LIEBERMAN. Mr. President, I the current continuing resolution and those projects has the highest priority ask unanimous consent that further in the conference agreement is the need in terms of science, in terms of proceedings under the quorum call be same as the fiscal year 1995 level for ac- human health, and in terms of the en- dispensed with. tual Superfund cleanups. That is $800 vironment. So we put the money into The PRESIDING OFFICER. Without million. And the bill before us today State revolving funds, we put the objection, it is so ordered. would increase the Superfund cleanup money into programs where it will be Mr. LIEBERMAN. Mr. President, I budget by an additional $100 million, as allocated on the basis of sound science, ask unanimous consent that the pend- I have already indicated. We have told where it will be allocated on the basis ing business be set aside so that I EPA they have to prioritize Superfund of how much danger is posed. That is might speak for no more than 5 min- cleanups—something they have never how the money should be allocated. utes on the preceding Lautenberg done in the past—and it needs to be I believe we can establish decent pri- amendment. based on real threats to human health orities. Mr. President, if the Lauten- The PRESIDING OFFICER. Without and the environment. berg amendment goes to a vote, I will objection, it is so ordered. If the Wallington, NJ, site where the oppose it because I believe in this bill Mr. LIEBERMAN. I thank the Chair. President staged the press event meets there is adequate funding for EPA First, I ask unanimous consent that EPA’s own risk-ranking process, there within the constraints imposed by the Senator LEAHY of Vermont be added as is money and that site should receive needs to balance the Federal budget. I a cosponsor of the Lautenberg amend- cleanup funding this year under the think it is time for EPA to begin ment. terms of the bill before us today. prioritizing and instill management The PRESIDING OFFICER. Without The Lautenberg amendment contin- disciplines to ensure Federal funds are objection, it is so ordered. ues the misinformation campaign of spent effectively on environmental pro- Mr. LIEBERMAN. I thank the Chair. the White House. It seeks to add more tection activities. Mr. President, I rise in support of the funds for programs we have already in- There have been encouraging words. I amendment offered by the Senator creased in this bill. It seeks to add have been approached by the Demo- from New Jersey to restore funding for funds for programs which are not high cratic leadership. I have had a con- the Environmental Protection Agency, priorities such as the environmental versation with my ranking member the Department of Energy, the Depart- technology initiative. and colleague, Senator MIKULSKI. They ment of the Interior, and the Depart- The environmental technology ini- have indicated that perhaps we can ment of Agriculture. tiative has funded private sector con- reach a compromise with the adminis- Senator LAUTENBERG and others have ferences on energy efficiency lighting. discussed the critical programs of envi- In the past, they have funded studies tration. And if the administration does not want to play, we will reach a com- ronmental protection that would be on how large corporations can save dol- funded by the amendment in some de- lars. That is a great idea if they save promise with the Senate Democratic leadership on what we are going to do. tail. I want to touch very briefly on a dollars by energy efficiency, but for a few of the key aspects of the amend- large corporation, I think that they I am tired of guessing what the priorities of the administration are. ment, particularly the provisions relat- probably ought to be willing to fund ed to funding for technology. that themselves. We have heard in the We are more than willing to work in First, Senator LAUTENBERG’s amend- past about studies to control and study a reasonable manner to allocate the funds that are available and to make ment adds back a modest amount of bovine emissions and many other areas funding for environmental technology, that may be of scientific interest, al- sure the EPA and the State agencies $62 million, for a total spending on en- though not of great personal interest, I have the funds they need to move vironmental technology of $108 million. would say. ahead as we work on reauthorizing and We add back money for funds for en- changing Superfund and other pro- Unfortunately, the continuing resolu- forcement. We have already increased grams. If the administration is serious, tion includes only $46 million for enforcement spending over the fiscal if the Democrats are serious, in case spending in this critical area. year 1995 level. they have lost my telephone number, Funding for the President’s Environ- Now, perhaps most amazingly, the my phone number is 224–5721. I have mental Technology Initiative, which is amendment seeks to add funds for Bos- left a lot of messages. They have prob- known as ETI, is slashed from his re- ton Harbor when this bill already has ably been erased from the e-mail quest by 92 percent to only $10 million. $25 million. We did accede to the re- screens by now, but I can be reached by Mr. President, the failure of the con- quest of Governor Weld of Massachu- fax or by message from the cloakroom. tinuing resolution to provide adequate setts to continue funding it at a lower I will be waiting for a call. funding for environmental technology level because of the magnitude of the This is serious business. It is time is, in my opinion, very shortsighted. A problem and the fact that they have to that we end the partisan charges that I small amount of funding on these pro- have some funding as we phase down think have been totally unwarranted, grams can yield enormous savings for the availability of dollars. But Boston and talk about how we can pass a our regulated industries while provid- Harbor has received almost $600 million measure which actually provides funding superior protection for all of our over the past several years, even while ing within the budget constraints to do citizens. such earmarks are not authorized and the vitally important environmental During the current debate on envi- are unfair to thousands of communities cleanup and enforcement work that the ronmental protection, we often hear which do not receive such largesse. people of America have a right to ex- what at first appear to be conflicting Surely, it cannot be a priority to pect. messages. Some in the electorate clear- move one site above every other site in Mr. President, because we are hoping ly want less of the overly bureaucratic, the Nation. We have said that we are there will be further discussion of this, heavy-handed command-and-control making funds available to be allocated we have conferred with the minority approaches we have turned to too often on the basis of need, on the basis of side and I have not heard objection. I in the past to protect our environment. sound science. If that, in fact, is such a therefore ask unanimous consent that Those folks want new solutions that need and sound science requires it, this amendment be temporarily laid rely more on the marketplace. They then money will go there. aside. have a good point. But, as indicated by the Senator The PRESIDING OFFICER. Without On the other hand, it is clear that the from Massachusetts, there are lots of objection, it is so ordered. public’s commitment to protecting the March 13, 1996 CONGRESSIONAL RECORD — SENATE S1923 environment has remained very strong, ful environmental programs has been $2 billion industry according to recent and understandably so. I was pleased the market-based program to reduce reports—has become a major exporter. that at a meeting with my staff re- emissions contributing to acid rain. Mr. President, the second provision cently, representatives of the Con- Studies show that this very exciting in Senator LAUTENBERG’s amendment necticut Business and Industry Asso- new program is yielding enormous that I want to discuss briefly is the ciation affirmed their support for health benefits while costing the indus- add-back for funding for the so-called strong environmental protection laws. tries regulated by the Clean Air Act at Partnership for the New Generation of Of course, that should not be surpris- least $2 to $3 billion less than esti- Vehicles. That is sometimes referred to ing. Folks who run our businesses, who mated at the time of enactment of the more familiarly as the clean car initia- are citizens, are as concerned as any- law. ETI, the Environmental Tech- tive. This is an extremely important one else about the quality of the air nology Initiative, is investing in pro- and innovative program that has trans- they and their families breathe and the grams that will expand market-based formed a traditional adversarial rela- water they drink or swim in. They approaches. And that is exactly what tionship between industry and Govern- want to be good citizens, good cor- the Lautenberg amendment would sup- ment—in this case the auto industry— porate citizens, of our community. port. into a relationship that is built on What the conflicting messages tell Over the long term, improvements in common goals and has produced a me is that we have to be smarter in our environmental technology, particu- broad-based cooperation. The goal of approaches to environmental protec- larly when it comes to pollution pre- the program is to develop an attrac- tion, not weaker. That is precisely vention, are critical to the ability of tive, affordable, midsized car, much what the Environmental Protection American companies to compete. Not like the Ford Taurus, Chrysler Con- Agency is working toward in its Envi- only do new technologies reduce com- corde, or Chevrolet Lumina, which ronmental Technology Initiative. pliance costs but they improve com- achieves up to 80 miles to the gallon. It The program is developing and pro- petitiveness by leading to greater effi- is mostly recyclable, accelerates from moting new approaches to regulation ciency. Saturday’s New York Times zero to 60 miles per hour in 12 seconds. and new technologies that will increase had an exciting article about the suc- The occupant of the chair can re- our efficiency, cut costs, expand excess of the paper industry in vastly remember our youths together, when ports, and produce a healthy, produc- ducing its discharges of contaminated how fast you could go from zero to 60 tive environment for our citizens. water into rivers or streams and in the was truly a measurement of one’s sta- Under the Environmental Technology process saving huge amounts of water tus in life. This car is aimed to hold Initiative, EPA is working with the and energy while still increasing pro- comfortably six passengers and to meet States to streamline permitting proc- duction. Those companies have found all safety and emissions requirements esses and to ensure that the permit ap- that this approach provides a competi- and to cost about the same as com- proval process does not penalize those tive advantage. parably sized cars on the showroom companies that are willing to try new, ETI is working in partnership with floor. cheaper solutions involving techno- industry to develop these cleaner tech- This would be a revelation. Up to 80 logical improvements in order to con- nologies. For example, it is working miles per gallon. The program is really trol pollution. The National Academy with industry to reduce toxic emissions a win-win program. Government is of Public Administration’s report on released by metal finishing processes working as a partner with industry to improving EPA’s programs, mandated used by more than 3000 metal finishing protect our environment. At the same by the Appropriations Committee, em- facilities nationwide. One of these time, it is stimulating new tech- phasized the need to eliminate regu- projects already is reducing the use of nologies that lead to increased com- latory and policy barriers hampering chromium. Another project aims to petitiveness for American industry in use of new technologies. slash the time EPA takes to approve the fiercely competitive international Mr. President, 63 percent of the funds new technologies that prevent dan- automobile marketplace. proposed by the President for the Envi- gerous contaminants such as The clean car initiative not only pro- ronmental Technology Initiative would cryptosporidium from entering our tects the environment, but also jobs— be spent on programs to promote just drinking water, and other technologies high wage jobs—for our work force. this kind of permit flexibility and that will disinfect the water as well as This program is cost shared. Industry other regulatory innovative practices. provide quicker confirmation of drink- is pulling its own weight. Government These are the type of programs that ing water safety. funding is used in long term the Connecticut Business and Industry In other words, at the most basic precompetitivess research and develop- Association and other businesses are level, the development of innovative ment. And there is clear progress being telling us they want to help them meet environmental technology will enable made toward the program’s goals. One their environmental responsibilities in us to maintain strong environmental representative of the partnership told a more efficient manner. protection at dramatically lower cost. Vice President GORE last year: ‘‘By the During the last Congress, I worked Involving Federal and State agencies end of l997, we will narrow the tech- with colleagues on ways to promote such as EPA as partners in this effort nology focus. By 2000, we will have a these new, more cost-effective environ- is important because these agencies concept vehicle. And by the year 2004, mental technologies. I learned that the should have a good sense of the regula- we will have a production prototype.’’ single most significant barrier to in- tions that may be promulgated in the He added: ‘‘This is not just about jobs. vestment in these new technologies is next decade. Working in partnership It is not just about technology. It is that many of EPA’s regulations inad- with the Federal Government is the not just about the environment. It is vertently lock in the old, existing tech- best way to focus technology develop- also about a new process of working to- nologies. ment on areas where the economic and gether, for both industry and Govern- Under the Environmental Tech- environmental benefits will be the ment, in ways that have not been at- nology Initiative, EPA is working now greatest. Involvement in technology tempted before.’’ to develop regulations that correct this development will also help increase Again, the Lautenberg amendment mistake, that do not lock in any one awareness by EPA and other regu- pluses up the money available for this existing technology. They are working latory agencies of what is or is not pos- program. It is a very, very cost-effec- at EPA with State and nonprofit and sible from a technology development tive investment of public funds. Federal laboratories to test and verify standpoint as they develop regulations. Mr. President, I want to comment the performance of these new, promis- ETI is also working with industries briefly on several other provisions in ing technologies. We need to make sure to promote the exports and diffusion of Senator LAUTENBERG’s amendment. I that this verification program can be U.S. technologies throughout the strongly support the restoration of expanded. world. There is an enormous market funding for the State revolving fund EPA is investing in other programs for these technologies and U.S. compa- under the Clean Water Act. SRF money that make good economic and environ- nies should lead. In Connecticut, the is critical for Connecticut and particu- mental sense. One of the most success- environmental technology industry—a larly Long Island Sound. S1924 CONGRESSIONAL RECORD — SENATE March 13, 1996 The SRF program espouses the vir- Mr. President, the new scientific as- technologies. This amendment will tues that the majority has been empha- sessment by the world’s leading sci- help set things right. sizing this Congress—it provides low entists concludes that the best evi- STOPPING THE BACK-DOOR WATER TAX interest loans to States to meet com- dence suggest that global climate First, we will help small towns and munity based environmental needs and change is in progress, that the tem- rural communities meet their obliga- offers flexibility in how money is perature changes over the last century tions without slapping folks with high- spent. For example, Connecticut has are unlikely to be entirely due to natu- er water bills. received $170 million in Federal funds ral causes, and that a pattern of cli- How do we do that? Well, we provide and has committed over $1 billion in mate response to human activities is money for the State revolving loan State funds since 1987 to improve sew- identifiable in observed climate funds. These help communities and age treatment plants. records. The assessment concludes that water systems treat their sewage and In Connecticut, clean water is not the incidence of floods, droughts, fires provide safe drinking water. Without just an environmental issue—but an and pest outbreaks is expected to in- this fund, these communities still have economic issue. Long Island Sound, for crease in some regions. For example, to keep the water safe. But they can example, generates approximately $5 we are experiencing a continuing rise only do it by raising water rates, some- billion per year for the local econ- in average global sea level, which is times through the roof. omy—through fin and shellfish harvest, likely to amount to more than a foot With this amendment, small towns boating, fishing, hunting, and beach- and a half by 2010. To bring that home can keep their drinking water safe going activities. The commercial oys- to Connecticut, sea level rises of this while keeping water rates low. Without ter harvest is a great example. In l970, magnitude along the coast could result this amendment, many just can not do Connecticut’s once thriving shellfish in total inundation of barrier beaches it. So if Congress does not pass the industry was virtually nonexistent. such as Hammonasset Beach, which is Lautenberg amendment, the 25 million Today, its $50 million harvest has the probably our most popular State park, Americans who get their water from a highest value in the Nation. This im- and destruction of some coastal prop- small drinking water system could see provement is due in large part to re- erty. a back-door tax increase through high- quired improvements in water quality. The President’s global climate action er water bills. That includes virtually Our work on cleaning up Long Island plan is modest . It commits the United everyone in rural America. Sound, however, has a long way to go. States to reducing greenhouse gas PROTECTING HIGH-WAGE JOBS Health advisories are still in effect for emission to l990 levels by the year 2000. Second, by adopting this amendment recreational fish consumption, and dis- This is a modest step because our ef- we will protect high-wage jobs that ease-causing bacterial and viruses have forts at stabilizing emissions is dif- make our country cleaner, healthier, been responsible for numerous beach ferent from stabilizing atmospheric and more competitive. closures. Connecticut still needs hun- concentrations. Constant annual emis- We do it by restoring money for the dreds of millions of dollars to perform sions will still increase the total con- Environmental Technology Initiatives needed improvements on public sewage centration of greenhouse gases and [ETI] at the Environmental Protection system, which continue to be the larg- heat-trapping capacity of our atmos- Agency. Through this program, compa- est source of pollution for the sound. phere. nies and local governments can partici- The total estimated cost of upgrading The President’s plan relies on vol- pate in research and development of the outdated plants is estimated at $6 untary, public private partnerships new technologies. to $8 billion. which are based on building a consen- In Montana, small businesses like I am also very concerned that the sus between business and Government. Yellowstone Environmental Sciences comprehensive conservation and Man- It does not rely on command and con- in Bozeman and public-private partner- agement plan for Long Island Sound trol regulation. If these types of inno- ships like the Western Environmental will be curtailed without adequate SRF vative alternatives are to be the basis Technology Office in Butte are some of funding. Through this plan, representa- of our future approach to environ- the most innovative players in address- tives from EPA, New York, Connecti- mental protection, it is critical to sup- ing our Superfund problems. They are cut and other local governments have port the programs now in existence. also some of the most promising joined forces with businesses, devel- I also strongly support the additional sources of high-wage jobs for the fu- opers, farmers, and environmentalists funding for the Department of Agri- ture. to work cooperatively to upgrade sew- culture’s Stewardship Incentive Pro- Elsewhere in America, the ETI Pro- age treatment plants, improve gram. This program provides financial gram is verifying the performance of stormwater management and control and technical assistance to private new technologies that are suitable to non point source runoff. A reduction in nonindustrial forest land owners to the special cost and performance needs SRF funds will limit each State’s abil- manage their forest land for timber of small drinking water systems. ity to assess local conditions and move production, wildlife, recreation and It is helping to reduce dangerous toward more site-specific and flexible aesthetics. It is an important non- toxic emissions released by the metal watershed protection approaches. regulatory incentives program for pre- finishing processes used by over 3,000 Inadequate funding of the SRF delays serving wetlands and endangered spe- metal finishing facilities nationwide. needed improvements in Long Island cies across the country that has wide- It is speeding up approvals of new an- Sound and in other greater water bod- spread support, including the Connecti- alytical methods which can rapidly de- ies in this country—improvements that cut Forest and Park Association. termine the nature of contamination have enormous economic, recreational Mr. BAUCUS. Mr. President, I rise at toxic waste sites, and make cleanups and environmental benefits. That is today in support of the amendment of- faster. why I support the additional funding in fered by Senator LAUTENBERG and Sen- The ETI is a great example of how Senator LAUTENBERG’s amendment. ator MIKULSKI. Government and the private sector can Finally, I want to express my strong We have to balance the budget, and cooperatively advance technology support for the modest additions to the everyone has to sacrifice a bit. The new while protecting the environment. funding for climate change. I was Congress does deserve some credit for CONCLUSION pleased to be a cosponsor of an amend- trying. But it has gone about the job in So we need to balance the budget, ment offered by Senator JEFFORDS to the wrong way. but we need to do it the right way. This restore a significant amount of funding It wants to give new tax breaks to amendment keeps us on the path to a for EPA’s ozone depletion and global wealthy people and corporations. And balanced budget while setting the pri- climate change programs. But I think to do that, Congress has threatened a orities straight. It will protect good it is critical that a minimum there be back-door tax increase on rural Amer- jobs and prevent Congress from impos- no decrease in EPA’s programs from ica through higher water rates, and ing a large back-door tax on the aver- fiscal year 1995 enacted levels. Ade- threatened the creation of good jobs by age family’s water rates. It will help quate funding for DOE’s climate turning its back on critical research make sure our country is the clean, change programs is also critical. and development in environmental healthy Nation our children deserve. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1925 I urge support for the Lautenberg-Mi- ment regulation, to go back to the have supported various bills to amend kulski amendment. days of unregulated extraction and ex- the Safe Drinking Water Act, the Re- Mr. WELLSTONE. Mr. President, I ploitation of our lands. I say we cannot source Conservation and Recovery Act. would like to take a moment to speak go back, we must preserve nature’s And, as my colleagues are aware, I sup- in support of the pending amendment, wonders for generations to come. We port improving and reforming the Fed- particularly for restoring operating cannot back down from the gains we’ve eral Government’s rulemaking process. funds for the National Park Service. made in protecting our great heritage. However, I vigorously oppose wholesale Without these funds millions of Ameri- This must be a shared responsibility, changes in the bedrock protection prin- cans will not realize the full majesty one that accounts for the needs of the ciples underpinning these laws. Ameri- and spectacle of our national treasures. many and the few. cans will not and should not accept The $72 million restoration provides When Congress voted to establish such changes. funding to manage the operational Voyageurs, we said yes to preserving We have made huge strides in reduc- needs of our national parks. At its cur- this wonderful and pristine resource for ing pollution of the laws Congress, rent level of funding the Park Service all Americans. We said no to future States, and local governments have is merely treading water with respect lakeshore development, to building crafted over the years. Our emissions to maintaining facilities. Additional homes and putting up private property of most toxics have been declining, re- funding provides for much-needed im- and no trespassing signs. We made a cycling has become an accepted waste provements and repair of our national decision to provide multiple use recre- management strategy, and we’re work- treasures. This would also represent a ation in a natural setting, free of devel- ing hard to develop cleaner, more envi- boon to local economies as more visi- opment, free of timbering and free of ronmentally sound products and manu- tors will be able to make use of up- the threat of losing this resource. Now facturing processes. All of these trends graded parks. The proposed offset of- we have to invest in this resource to have occurred while economic growth fered in the amendment ensures no ad- ensure that all Americans and their continues and exports rise. ditional taxpayer money will be spent. children will experience our National There is a new approach to business As some would seek to keep level fund- Parks. and management catching on in the ing in the face of increasing costs and We often say that someone has good United States. Industries, businesses, demands, I think you now see senti- common sense, but we are losing sight and even governmental units, are care- ment throughout America that recog- of what constitutes common sense—or fully reviewing their production, pro- nizes the need to stop irreparable dam- what makes sense. It makes no sense curement, and usage practices to root age being done to our national herit- to risk the loss of this treasure. Com- out waste and so become more com- age. This funding restoration is nec- mon sense should compel us to guard petitive here and abroad. essary to ensure the future of a strong, and protect our parks. Once we walk Many experts say, and in some cases accessible National Park System. away—once we fail to provide adequate I agree, that we have already required As you know, I have been a strong funding, it is too difficult to recover and adopted the easy, most cost-effec- advocate of promoting and strengthen- what we have lost. tive pollution control technologies. ing our national parks. Minnesota is We must continue to support the From here on out, we have to focus home to a truly wondrous area, Voya- gains we’ve made with respect to our more carefully on refining our laws to geurs National Park—the crown jewel national parks. We must maintain and provide flexibility to the regulated of the north. This unique water-based improve the treasures we have set community and ensure that benefits of park is a pristine wildlife habitat aside. We must make them accessible any required investments in pollution where one can see wolves in the wild, to all, to share the splendor of nature. prevention and control outweigh the bald eagles soaring overhead, and fish Take some time, come to Minnesota, costs. This is a difficult balancing act, breaking the water in pastoral set- enjoy the beauty of Voyageurs. I prom- but if we can carefully review the basic tings. Voyageurs provides Minnesotans ise you my friends, once you’ve experi- environmental status and very care- the opportunity to explore this na- ence the wonders of our northern jewel, fully adjust them we will further the tional treasure by boat, snowmobile, you will support full funding for our goal of cheaper, but equally effective floatplanes, skiing, or hiking. Last national parks and you will help to en- protection. The Federal Government summer I had the privilege of boating sure their beauty for generations to can and should be an active participant in the park and I don’t believe I’ve ever come. in helping those regulated to develop been so thrilled with the beauty of na- Mr. LEVIN. Mr. President, I am technologies and processes that can ture as I was on that trip. pleased to be a cosponsor of the amend- meet these cost-effective criteria. I want to see more people visit and ment before us. This is the direction that the Con- enjoy this spectacular resource. As Americans have a core belief in progress and the Clinton administration, with other national parks, this cannot tecting the environment, regardless of and the Bush administration before it, happen without adequate operating party affiliation. They may differ on have begun. EPA’s resources are now funds, money that will preserve and en- the means to achieve conservation and being spent more often on common- hance the beauty of jewels like Voya- protection of our natural resources, sense pollution prevention efforts that geurs. I have fought to maintain the but they are in agreement that we can- provide environmental protection and carefully managed multiple use nature not squander or waste this precious flexibility. of Voyageurs, to address water level heritage. In this regard, we are the But, rather than continuing that problems, to achieve better safety for envy of the world. Few other nations process, the bill seeks to cut items that boaters, and at the same time benefit have approached protection of the en- are important priorities for environ- fish spawning and wildlife habitat. vironment in such a comprehensive mental protection and conservation. Northern Minnesota has a rich his- fashion. Our parks, our drinking and Punitive cuts in Endangered Species tory of individuality; the proud people waste water systems, and our pollution Act activity, in Land and Water Con- of this area have worked the land and prevention efforts are envied around servation Fund matching grants to provided for their families through toil the world. States, in Superfund, in environmental and sweat. Maintaining and improving Some seek to rewrite our environ- technology development, in wastewater facilities at Voyageurs, ensuring the mental laws through the budgetary and treatment grants to States, in energy multiple-use nature of the park, will appropriations process, rather than conservation and so forth don’t add up allow more people to come and enjoy through the more deliberative process to a balanced careful approach. it, bring more jobs to the local econ- which gave us those laws. It is surely On a Michigan note, I must continue omy, and lead to economic develop- true that many of these statutes could to express my opposition to the bills’ ment. Northern Minnesota deserves it be improved. In fact, I have introduced reductions in the National Biological and I will work to make it happen. legislation to amend the Clean Air Act Service and its transfer to the U.S. Ge- Some of my colleagues are all too because I do not believe that it ad- ological Survey, primarily because of often willing to turn back the environ- dresses adequately the matter of inter- its impact on research at the Great mental clock, to say get rid of Govern- state transportation of air pollution. I Lakes Science Center. And, I oppose S1926 CONGRESSIONAL RECORD — SENATE March 13, 1996 the inclusion by reference of the con- shut off because they were unable to The creation of this revolving fund ference report language accompanying pay their soaring bills. Some families received the unanimous support of the the vetoed Commerce, Justice, State are now paying $1,600 a year for water Senate last November, by a vote of 99 bill, which proposed transfer of the and sewer service, and the rates will to 0. The Lautenberg amendment will Great Lakes Fishery Commission to continue to rise through the end of the help make that commitment real and the Department of Interior. decade. bring relief to cities and towns across Industry leaders, business managers, In the communities of Fall River and America. and local elected officials, have inter- New Bedford, businesses that use Communities across America will nalized the public’s unquenchable de- water-intensive processes—particularly benefit from this amendment. This sire for continued progress in environ- textile companies—are considering Congress should not go down in history mental protection. That is a real revo- leaving the State, because the pro- as the anti-environment Congress. I lution. jected rate increases will put them at a urge the Senate to give this amend- Now, we are halfway through the fis- competitive disadvantage. To add in- ment the overwhelming bipartisan sup- cal year for which this omnibus bill is sult to injury, these communities are port it deserves. providing funds. The uncertainty of also plagued by double-digit unemploy- I thank the Chair. I yield the floor. funding has caused widespread havoc ment, and have not yet recovered from f among local governments, businesses, the ongoing economic recession. WHITEWATER DEVELOPMENT and States. The stop and start ap- Congress has a responsibility to help CORP. AND RELATED MATTERS— proach harms good, solid planning and ease the burden of their rising water MOTION TO PROCEED jeopardizes public and private sector and sewer rates by providing additional jobs. It does not make any sense to do support for the State revolving fund. The PRESIDING OFFICER. The hour things this way. The Lautenberg amendment also of 1 p.m. having arrived, there will now Most Americans do not have the lux- adds $75 million in clean water funds be 1 hour equally divided on the motion ury of time necessary to fully monitor for the cleanup of Boston Harbor. This to invoke cloture on the motion to pro- how things are being handled here. addition will bring Federal assistance ceed to Senate Resolution 227. They don’t know who to blame for the back to the $100 million level of annual Mr. LIEBERMAN. Mr. President, I holdup of wastewater treatment grants support recommended by President suggest the absence of a quorum, with or education loans. But, they are tired Clinton and President Bush as well, the time to be equally divided between of the infighting and want it to end. and provided each year by Congress the sides. The PRESIDING OFFICER. Without Americans want our laws fixed to re- over the past several years. Over the course of the past decade, objection, it is so ordered. lieve unnecessary burdens or gross in- The clerk will call the roll. efficiency. But, they will not surrender the cleanup of Boston Harbor has re- The bill clerk proceeded to call the what they know to be theirs—the right ceived strong bipartisan support. roll. to clean air, clean water, and a safe en- Democrats as well as Republicans have Mr. D’AMATO. Mr. President, I ask vironment. recognized the crushing financial bur- unanimous consent that the order for Mr. KENNEDY. Mr. President, I den on the 2.5 million ratepayers in the the quorum call be rescinded. strongly support the Lautenberg area to meet the $3.5 billion in feder- The PRESIDING OFFICER (Mr. amendment to the Omnibus Appropria- ally mandated cleanup costs. BURNS). Without objection, it is so or- tions Act. It gives the environment the State funds have been essential as dered. high priority it deserves, by restoring well in bringing relief to these rate- Mr. D’AMATO. Mr. President, for the some of the most serious cuts proposed payers. In addition, the Massachusetts past 16 days our Democratic colleagues in the pending bill. Water Resources Authority, which have used the Senate rules to block We need to do all we can to see that oversees the cleanup of Boston Harbor, consideration of a resolution to provide the Nation’s priceless environmental has successfully worked to reduce the additional funds, funds for the heritage is passed down from genera- costs of the project. Whitewater special committee. That is tion to generation. This amendment of- But continuing Federal assistance re- simply wrong. The Senate has a duty fers Republicans and Democrats alike a mains vitally important for this ongo- to get the full facts about Whitewater. chance to give the environment the ing project, which still has several The Democrats are filibustering, for priority it deserves. years to go before completion. The 16 days now, to prevent the Senate It restores needed funds for programs project has passed some important from voting on whether or not to pro- to improve the safety of our Nation’s milestones already—it has reduced vide additional funds for the drinking water supplies, and helps pro- harmful metals dumped into the harbor Whitewater Committee. tect our lakes, rivers, and coastal areas from 3,000 pounds per day in 1984 to 500 So that the record is clear, we must from harmful pollutants. pounds per day in 1993. It has reduced understand how much we are asking It maintains the Federal Govern- the number of harbor beach closings by for. We are asking $600,000. In addition, ment’s commitment to provide needed 70 percent over the last 4 years. But I have agreed to allow us to have a vote assistance to communities struggling much more remains to be done. to curtail the committee’s investiga- to meet the requirements of the Clean At the $100 million annual level, Fed- tion to 4 months. They have said they Water Act. eral assistance meets just 18 percent of wanted to negotiate with us. We are It gives States and localities the sup- the total Boston Harbor cleanup willing to negotiate. We have heard port and flexibility they need to bring costs—far below the Federal share pro- nothing except what is almost con- their water systems into the 21st cen- vided in the past for many other clean temptuous because it says we would tury. water projects throughout the United have to conclude our public hearings In particular, the amendment will re- States. by April 5. That is silly. store $190 million for the Clean Water Finally, the Lautenberg amendment The majority is committed to getting Act’s State revolving fund, which of- will also restore $175 million to the all the facts about Whitewater. It is fers a vital source of Federal assistance State revolving fund under the Safe now clear that our Democratic col- for wastewater projects across the Na- Drinking Water Act. This fund will, for leagues simply are not. tion. the first time, provide Federal assist- Let me ask the question: If The cost of implementing clean ance to States and localities to im- Whitewater is much to-do about noth- water mandates has put an extraor- prove their public water systems and ing, as the White House claims, why dinary burden on families and busi- ensure the safety of their drinking are Democrats afraid of the hearings? nesses in thousands of communities. water supplies. Many communities ur- Why are they afraid to let them go for- In Massachusetts, the cost of these gently need this assistance to comply ward? What are they afraid of? What mandates has resulted in water and with Federal law and build new water does the White House want to hide sewer bills that exceed many of my treatment facilities, develop alter- from the American people? You cannot constituents’ property taxes. Low-in- native water supplies, and consolidate say it is much to-do about nothing, and come families have had their water small systems. then oppose having the hearings. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1927 Second, it is absolutely disingenuous, Maybe, indeed, the White House does Let me suggest that there is a com- as some have claimed, that this has not want us to have those answers or mon theme to the number of lingering cost the American people $30 million. hold public hearings. I guess if you questions. As Pulitzer prize-winning The fact is our committee has spent took improper tax deductions, you author, James Stewart, states in his about $900,000, and a total of about might not want that to come out. Did new book ‘‘Blood Sport’’: $450,000 last year; so, that when they Governor Clinton direct special favors The question of whether specific laws were come up with this $30 million, in an at- to McDougal to keep Madison afloat? If broken should not obscure the broader issues tempt to ascribe it to the work of the the President—then Governor—did not that make Whitewater an important story. committee, it is disingenuous and they do any of these things, fine, then let How Bill and Hillary Clinton handled what are playing fast and loose with the the record clear that question. It would was their single largest investment says facts. seem to me if he did, maybe that is much about their character and integrity. It why we are hearing all of this puffery, shows how they reacted to power, both in There are a number of unanswered their quest for it and their wielding of it. It questions. Let me just pose some of smoke, and bellowing that this is poli- shows their willingness to hold themselves them. tics having these questions answered. to the same standard everyone else must, Who put the Rose Law Firm building Did the Governor help Dan Lasater, a whether in meeting a bank’s conditions for a records in the White House residence? convicted distributor of cocaine, get loan, taking responsibility for their savings, How do you think they got there? How? bond contracts with the State of Ar- investments and taxes, or cooperating with Do you think the plumber brought kansas? Did he or did he not? I do not Federal investigators. Perhaps most impor- them there? The carpenter who was know. But again, the question is, if he tant, it shows whether they have spoken the making repairs? The men who were did not, then fine, let us at least go truth on subjects of legitimate concern to the American people. working to fix the air-conditioning? Do through this and clear the record. we really believe they brought it there? Then, I would be the first to say that is Mr. Stewart is not some partisan au- Do we think the butler brought them absolutely an unsubstantiated allega- thor out to get the Clintons. He has a there? Or, rather, did these records— tion. Did Governor Clinton exchange reputation for being fair and thorough. that were being worked on by Mr. Fos- favors for campaign contributions from In fact, the Clintons, through their ter and contained his handwritten officials of the Perry County bank? close associate, Susan Thomases, first notes in the margins—come from Mr. These officials, by the way, were just asked Mr. Stewart to write this book. Foster’s office? Did they come there at indicted last month. We did not just He even had direct access to Mrs. Clin- the explicit directions of the First come out with these names. Did that ton early on. Mr. Stewart has uncov- Lady to her chief of staff? We have had happen or did it not? These are just ered a number of important facts about the testimony of a young man, Mr. some of the unanswered questions. Whitewater. He has identified new wit- Castleton, who says that he was told I think that we have an obligation to nesses. In an excerpt published in Time that he was bringing the records up be- get the facts. Sixteen days of filibuster. magazine, Mr. Stewart raises serious cause Mrs. Clinton wanted to look at Now, the New York Times said that a questions about the Clintons’ role in them. Democratic filibuster against a vote on managing the Whitewater investment Indeed, if she did not look at them as additional funding would be ‘‘silly after 1986. Although the Clintons have she claimed, how did the records wind stonewalling’’. They said: always claimed to have been passive up there? If all the records were just No argument about politics on either side investors in Whitewater, Mr. Stewart simply shipped off to her lawyers, how can outweigh the fact that the White House found that Mrs. Clinton actively man- do they get over there? has yet to reveal the full facts about the aged the Whitewater investments after So we have a question as to how did land venture, about the Clintons’ relation- 1986. ship to McDougal’s banking activities, Hil- Mr. President, we will continue to these billing records mysteriously ap- lary Rodham Clinton’s work as a lawyer on pear. Remember, those records were Whitewater matters, and the mysterious seek a solution to this impasse. Yester- subpoenaed by the special prosecutor. movement of documents between the Rose day—and I repeat it today—we offered How did they get into the White House Law Firm, various basements, and closets in to extend our hearings by 4 months. residence? My colleague from North the Executive mansion. The committee, poli- But I do not think that we can simply Carolina has said that one of the most tics notwithstanding— allow this kind of obstruction and secure rooms in the United States of This is the New York Times. stonewalling to keep us from attempt- America would be one of the rooms in has earned an indefinite extension, and a ing to get the facts. the residence of the President and Democratic filibuster against it would be Now, if those facts clear the Clintons First Lady. Incredible. silly stonewalling. and their associates, the American peo- Another question is, did the Clintons That is not my statement. That is ple have a right to know; they really know that James McDougal was cover- the New York Times, certainly not a do. The White House has the oppor- ing their Whitewater losses for them? spokesperson for the Republican Party tunity to help in insisting that we con- He is presently under trial in Little or Republican philosophy. duct these hearings expeditiously, yes, Rock, AR. He ran a bank that was a Yesterday, the Washington Post said but in a manner that will get the truth criminal enterprise—we found that essentially the same thing. Let me out there, and if it vindicates them, out—Madison Savings & Loan. Some of quote what it said: then that should be the case. Now, if the bankers I have met recently said, Lawmakers and the public have a legiti- indeed they have no concern about ‘‘Senator, please do not say it was a mate interest in getting answers to many their actions, then it would seem to me bank; it was a savings and loan.’’ And, questions that prompted the investigation in that the proper course of action would the first place and those that have been be to authorize the committee to do its indeed, they lost over $60 million worth raised in the course of it by the conduct of of taxpayers’ money. many administration witnesses. If Demo- work and get to the job of doing its If one follows just some of what we crats think that stonewalling or stalling will work, and attempt to get those wit- have uncovered, one sees sham trans- make Whitewater go away, they are badly nesses that we now do not have access actions, one after another, where insid- mistaken. The probe is not over, whether to as soon as the case is over in Little ers were asked to buy land and hold they tried to call it off or not. Rock. Certainly, we would hope within land for that bank, would be given 10 Again, that is the Washington Post. the next 6 to 7 weeks it will be con- percent commissions for a land trans- So my colleagues on the other side cluded. Maybe we will not be able to action in which it was a total sham, in may attempt to keep the investigation get some or any of those witnesses, but the end costing the taxpayers—this and the funding for it from going forth. at least we will have made our good- S&L eventually collapsed and left the Again, I have offered to curtail the faith effort in attempting to do so, and taxpayers with a $60 million bill to committee’s work to 4 months. I think to do so in a way that does not impinge foot. we would be making a mistake in set- upon or impair the work of the special Did the Clintons take improper tax ting an arbitrary date certain, but in counsel. deductions on their Whitewater invest- the interest of moving the process for- So I believe that the facts are clear. ment? It is a question. The committee ward and of attempting to depoliticize I think the American people are enti- is working on that and looking at that. it, I am willing to do so. tled to get this information, and I S1928 CONGRESSIONAL RECORD — SENATE March 13, 1996 think what we are facing here is a po- this thing without a prolonged debate. election day and beyond. The Democrats are litically orchestrated attempt to stop Otherwise, we will be back here tomor- right about this. In fact, their counteroffer the committee from doing its work. row, we will be back here the next day, to Chairman D’Amato of $185,000 to wrap up his inquiry in five weeks, at most—is too That does not reflect well upon the and we will be back here next week. generous. After 41 days of public hearings Senate, the White House, or either of The question is, What are my friends at and 121 witnesses, Chairman D’Amato has the political parties. The process is one the White House afraid of? nothing of substance to show for the $950,000 that should be continued. It should be Mr. SARBANES. Mr. President, what the committee has already spent. It is time continued because otherwise the ques- is the time situation? to hand off to Whitewater independent coun- tions will remain: What are they hid- The PRESIDING OFFICER. The Sen- sel Kenneth Starr and see how far he can ing? Why are they afraid? ator from Maryland is recognized. He carry the ball. Again, while the resolution calls for has 26 minutes 30 seconds remaining on Then later on in the editorial they no time limitation, let it be clear that his time, and the Senator from New say in the closing paragraph: this Senator will be happy to amend York has 2 minutes 31 seconds on his But no more money for Senate hearings. that to 4 months. We have not gotten time. The Senate Watergate Committee, pursuing any satisfactory reply with respect to Mr. SARBANES. Mr. President, I impeachable offenses by the Nixon adminis- our offer. It is an offer that I make tration, called only 37 witnesses. The joint yield 6 minutes to the Senator from committees on the Reagan administration’s here on the Senate floor again. There North Dakota and then 6 minutes to illegal arms deals with Iran and the Nica- are limitations when you do that, as the Senator from Hawaii. ragua contras heard a mere 28. The Senate described by the former Senate major- Just before doing that, I want to put has had enough time for a partisan probe of ity leader, a Democrat, George Mitch- an editorial in the RECORD because decade-old Arkansas savings and loan deals. ell, when he said, ‘‘When you set a time sometimes we get caught up in the de- I yield to the distinguished Senator line, you then get people who look to bate and we do not get them in. I lis- from North Dakota. work at that as a mark to delay the tened to my colleague from New York The PRESIDING OFFICER. The Sen- hearings, delay the release of informa- cite editorials. This one is from Friday, ator from North Dakota. tion.’’ Notwithstanding that, we would March 8, just this past Friday, from Mr. DORGAN. Mr. President, some- be willing to submit that as a time- Newsday, from the Nassau County edi- times I walk into the Chamber of the frame in which to try to complete our tion of Newsday. Senate and I think that I have stum- work, the work of the committee. I ask unanimous consent that the bled into the wrong Chamber. I hear Some people have said to me, ‘‘What full editorial be printed in the RECORD. the debate, and I think that is not happens if it appears that the Demo- There being no objection, the mate- what is being discussed. In the debate a crats are going to continue to fili- rial was ordered to be printed in the few minutes ago it was said that the buster, Senator? What will you do?’’ RECORD, as follows: Democrats are stonewalling on We will be forced to go forward with [From Newsday, Mar. 8, 1996] Whitewater. I guess I do not under- our work. It will be more difficult, and ENOUGH WHITEWATER HEARINGS stand. I must have missed something. we have a busy agenda for the Banking The Senate Whitewater Committee ran out We commissioned a Whitewater in- Committee, but, nevertheless, we have of time and money on Feb. 29, but it still quiry last May—May of last year. We to do the best we can; come in early; wants more of both to embarrass President provided nearly $1 million for a special work as many hours as we can; deal Bill Clinton. Senate Democrats have threat- investigative effort in the Congress with the various maneuvers that our ened a filibuster to keep Chairman Alfonse last year. Democratic colleagues will undoubt- D’Amato (R-N.Y.) from getting $600,000 to Now we are saying we are willing to edly employ in attempting to keep the continue an open-ended investigation that provide additional resources, and you committee from doing its work. But a could stretch to Election Day and beyond. ought to wrap this up in the next 5 large share of the work that we are em- The Democrats are right about this. In weeks—5 weeks. And somehow we are fact, their counteroffer to D’Amato—$185,000 barked upon could be undertaken by to wrap up his inquiry in five weeks, at stonewalling on Whitewater? I mean, it the Banking Committee. It would be most—is too generous. After 41 days of pub- is plenty cold in Montana and North difficult in terms of resources, but we lic hearings and 121 witnesses, D’Amato has Dakota these days, and the heat bills will do it. It will certainly be, I think, nothing of substance to show for the $950,000 are plenty high. I was thinking maybe very burdensome as it relates to some the committee has already spent. It’s time if we took some of this hot air out of the burdens that will be placed upon to hand off to Whitewater independent coun- there, it would heat the two States for the staff of the Banking Committee, sel Kenneth Starr and see how far he can the entire winter. Stonewalling on the time of the Banking Committee carry the ball. Whitewater? What on Earth are people This is all the more so now that Starr’s of- and its members. fice is actually trying a case against Bill and talking about? I also point out that there are cer- Hillary Rodham Clinton’s former Whitewater This is a manifestation of Parkin- tain perils for those who may want to partners. The defendants want the president son’s law. If you study Parkinson’s law, circumscribe and carefully proscribe to appear as a witness in that case, and he one of his laws was that the amount of the scope of the inquiry. As authorized should. The only question is whether he time needed to do a job always expands pursuant to the Resolution 120 we have should testify in person, on tape, via sat- to the amount of time available to do limited the scope of our inquiry. If we ellite or whatever. There’s precedent for the job. This is the manifestation of were to take this up with the Banking presidential trial testimony on tape, and Parkinson’s law. This inquiry, after that should be good enough this time. Committee, in many cases the scope But no more money for Senate hearings. spending $26 million on the independ- would not be nearly as limited. I can The Senate Watergate Committee, pursuing ent counsel and still counting—this in- assure my friends and colleagues, if impeachable offenses by the Nixon adminis- quiry which is the political inquiry— that is the route they choose to take, tration, called only 37 witnesses. The joint now they want to extend to election then they will create a situation in committees on the Reagan administration’s 1996. which they have to understand that the illegal arms deals with Iran and the Nica- Some of us say maybe you ought to scope will be broadened. raguan contras heard a mere 28. The Senate get up early in the morning now. I say that because they should under- has had enough time for a partisan probe of Maybe you ought to go 5 days a week stand there will come a point in time decade-old Arkansas savings-and-loan deals. now. Maybe you ought to get the wit- If the independent counsel leaves any loose when we would then have to fall back ends, there’ll be time to crank it up again. nesses in now for the next 5 weeks and to the use of the Banking Committee finish this investigation. As for me, it as opposed to going forward with the Mr. SARBANES. Mr. President, I will does not matter with respect to these special committee that has carefully quote from it just very quickly in part. records. Get a rental truck, back it up proscribed a methodology for which we The Senate Whitewater Committee ran out to the White House, get a vacuum could proceed. I think we would be of time and money on February 29, but it cleaner, find a bunch of people that can still wants to embarrass President Bill Clin- making a great mistake. I hope we can ton. Senate Democrats threatened to fili- read, and read all the records. As far as work out a compromise. Let the chips buster to keep Chairman Alfonse D’Amato I am concerned, whatever the truth is fall where they may; the offer is on the from getting $600,000 to continue an open- let the truth come out. But do you table, and I hope that we can settle ended investigation that could stretch to need from last May until the election March 13, 1996 CONGRESSIONAL RECORD — SENATE S1929 day of 1996 to demonstrate what this system in the world? What do we do 10-month period within the deadline set issue is? I think not. That is not what about jobs that are leaving the coun- by the Congress. The Iran-Contra affair the issue is here. There is a right way try? What kind of policies can we put was an international event that had to do things and a wrong way to do in place to deal with that? That is major consequences beyond our shores. things. what my constituents are interested It involved the constitutional relation- We have said, in the next 5 weeks fin- in. ship between the executive and legisla- ish this investigation. Do your work. I am not suggesting that you have no tive branches in the shaping of foreign And what we are told by the other side business in the Whitewater inquiry. I policy. It involved the credibility of is we are stonewalling. What a bunch of voted for the funding last May for $1 our foreign policy. It involved our rela- nonsense. While we are doing this, we million, and I will vote for additional tions with other countries and it in- are saying this is the most important funding. My objection is to what I volved the actions of our intelligence thing for the Congress to do. Do you think is kind of a thinly disguised ap- service and some of our Nation’s most know what we are not doing? We are proach by some to say we want unlim- closely held secrets. not having hearings on the issue of ited time here; we want to work 2 or 3 Because of the profound issues in health care and Medicare and what we days a week; we want to sort of move question, we in Congress were com- ought to do to solve that problem. No- along leisurely. If you were hauling pelled to investigate the episode, and body is having hearings on the issue of mail, you would go out and hire horses, for precisely the same reason we were jobs. Why are we losing jobs in this I guess, and create some sort of ‘‘Pony compelled to ensure that the Iran- country? Why are jobs moving out of Express’’ these days. That is the speed Contra investigation was conducted in our country? Why does our Tax Code with which we see this inquiry moving. an atmosphere free of partisanship and contain this insidious incentive that All we are saying is let us get this theatrics. I strongly believed then, as I pays corporations to shut their plants job done. We have said we will provide do now, that the Nation would be ill- in this country and move them over- appropriations for 5 weeks’ additional served by a congressional panel wan- seas, and why does not somebody in inquiry, write a report, and let us fin- tonly weakening a President for pre- this Congress do something about that? ish it. There has been no other inquiry sumed political benefit. Nobody is holding hearings about what in the history of Congress that I am The Iran-Contra Committee was obli- our monetary policy to doing to this aware of that accepts this as a prece- gated to investigate the conduct of the country. Why cannot we have more dent. Nothing comes close to what you highest Government officers, and we than a 2.5-percent economic growth? are suggesting and what has been done were determined to let the facts lead us What about the Fed and the Fed’s poli- here. The Senator from Maryland has to where they willed. But we did not cies? Nobody is talking about hearings made that point over and over again. perform this task in a way that sug- on a whole range of issues dealing with Yet we have people stand with indigna- gested to our adversaries that we were the things that are central to people’s tion and say, ‘‘You all are a nation divided. I believed we avoided lives. stonewalling.’’ What a bunch of non- this impression because of the lessons This is the number of hearings. There sense. learned during the Watergate inves- were 41 days of hearings since last May I yield the floor. tigation. on Whitewater, 12 days on crime, 3 Mr. SARBANES. I yield 6 minutes to The Senate committee that inves- days on education, no hearings on the the Senator from Hawaii. tigated Watergate, on which I served, economy and jobs, and no hearings on The PRESIDING OFFICER. The Sen- had the same mandate as do today’s se- Medicare and health care. The question ator from Hawaii is recognized. lect committees: to seek the facts is, What is the priority? Mr. INOUYE. Mr. President, on May about the event in question and pro- I want to get to the bottom of 17 of last year, this Senate voted 96 to pose legislation to prevent a repetition. Whitewater. We have had 100 FBI 3 to create a special committee to in- The structure of the Watergate Com- agents and independent counsel that vestigate the so-called Whitewater af- mittee encouraged partisanship. There spent $23 million, and we have had a fair. This bipartisan vote established were majority and minority lawyers, special inquiry in Congress since last the special committee with its primary majority and minority investigators, May. Now we have people telling us we purpose to get all the facts on majority and minority secretaries and want to go for another 4 or 5 months. Whitewater to the American people. clerks. Even the committee’s budget You know that some of us serve here This bipartisan Senate vote imposed was divided into Democratic and Re- because we are interested in doing the a February 29, 1996, deadline for the publican portions. people’s business, part of which deals committee to complete its work to en- After the conclusion of the investiga- with the issue of jobs, health care, the sure that the facts were presented to tion, the committee’s minority counsel economy, education, and a whole range the American people in a balanced and and now our very distinguished col- of things. Get every record you want. timely manner and before the country league, Senator FRED THOMPSON, wrote Get every record you can. Study it for- entered the politically charged atmos- that loyalty to the Republican minor- ever. But I do not think we ought to phere of a Presidential campaign. ity was ‘‘one all-important criterion’’ have an unlimited amount of money Yet, as I listen intently to the ongo- for hiring his staff. ‘‘We are going to given by the taxpayers for an unlim- ing debate, much of the bipartisan spir- try our best to have a bipartisan inves- ited inquiry to take us to election day it which this body exhibited on May 17 tigation, but if it comes down to the 1996. Let us finish this in the next 5 no longer exists. Regretfully and sadly, question of us and them, I don’t want weeks. Let us decide to do this and do it appears that the Republican major- to worry about who is us and who is it right; finish the testimony, finish ity has now chosen to forego biparti- them.’’ the report, report back to the Senate, sanship in an effort to indefinitely ex- Mr. President, my one condition for and then let us get on with the other tend the special committee’s mandate, assuming the role of chairman of the business that confronts the American at a cost of $600,000, and prolong the in- Senate Iran Committee was that there people. vestigation into the 1996 Presidential would be no majority and no minority We have enormous challenges. We campaign. staffs but a unified staff whose mem- have budget challenges. We have defi- This Republican extension request is bers reported to the committee as a cits. We have jobs, health care, and unprecedented, and it is unreasonable. whole and not to Democrats or Repub- education. I have recited plenty of The U.S. Senate has never before con- licans. Our chief counsel, Mr. Arthur them to do. But the interesting thing ducted an open-ended political inves- Liman, regarded all members of the is that no one seems very interested in tigation of a sitting American Presi- committee as his clients, and, under focusing on those challenges. My con- dent during a Presidential election his direction, our staff members stituents are interested. They are very year. worked side by side unconcerned interested in the question about what During the course of this debate, ref- whether their neighbor was one of us or makes our education system work bet- erence has been made to the 1987 Iran- one of them. ter. How do we advance the interest of Contra hearings. The committee was The structure of the staff would have our kids to have the best education able to complete its investigation in a been meaningless if the members of the S1930 CONGRESSIONAL RECORD — SENATE March 13, 1996 committee were determined to make publican leader of the Senate, Senator The PRESIDING OFFICER. The Sen- the Iran-Contra investigation a par- DOLE, strongly urged there be a time ator from Utah has 10 minutes remain- tisan matter. This did not happen. limit on the work of the committee. He ing. The Senator from Maryland has 8 Our colleague, former Senator War- was fiercely opposed to the notion of minutes, 30 seconds remaining. ren Rudman of New Hampshire and an open-ended extension and was very Mr. BENNETT. Mr. President, I find vice chair of this Senate Iran-Contra clear in making that point in debate on all of this debate about Iran-Contra Committee, was empowered to make the floor and off the floor in comments very interesting. I was not here for it, decisions in my absence. We collabo- to the media. and so I enjoy being brought up to date rated on everything, and we divided the Senator INOUYE, who chaired the spe- on past history. It is interesting, but it responsibility for witnesses among all cial committee in the Senate, and Con- is irrelevant to the issue before us be- members of the committee so the hear- gressman HAMILTON, rejected this pro- cause the issue before us is: Are there ings became a collective matter. At no posal by some Democrats to prolong still things yet to find out about time during our closed committee the hearing into the election year and Whitewater which need to be found meetings did any member raise politi- therefore exploit, for political pur- out? This has nothing whatever to do cal issues or hint at a Democratic at- poses, President Reagan’s difficulties, with whether or not the Iran-Contra tempt to smear the President or a Re- and they settled on a reasonable time Committee was able to find out what it publican scheme to cover things up. period. In fact, they moved it up in re- needed to find out from Ollie North in In comparison, nearly 17 months had sponse to the representation made to the timeframe that it set for itself. elapsed from the date the Senate cre- them by Senator DOLE. This has nothing to do with the time- ated the Watergate Committee until It was Senator DOLE at the time who frame of the Whitewater Committee, the committee report was published. pressed very hard that there should be which is trying to find out information The Watergate hearing itself dragged a reasonable time limit, that it should that has been denied it by a series of on for more than 8 months. The Iran- stay out of the election year. In fact, circumstances, some of which I believe Contra Committee worked hard to ac- Senator DOLE, on the floor, said: ‘‘I am are deliberate. complish its work within a 10-month heartened by what I understand to be I make that statement, recognizing period, hearings included. Yes, there the strong commitment of both the that it, perhaps, is emotionally were requests by Democrats and Re- chairman and vice chairman to avoid charged for some. I try to stay away publicans that we seek an indefinite fishing expeditions. I am pleased to from emotionally charged statements time limit on the hearings, but the note that, as a result of a series of dis- on this issue because I realize how eas- chairman of the House committee, cussions which have involved myself, ily this can get out of hand. But I have the majority leader, and the chairman reluctantly come to the conclusion Representative HAMILTON, and I, in conjunction with our vice chairs, and vice chairman designate of the that there has been a deliberate at- strongly recommended against an committee, we have changed the date tempt on the part of those who have open-ended investigation. We sought to on which the committee’s authoriza- been called before the committee to tion will expire.’’ And they moved it ensure that our investigation was com- withhold information from the com- forward. pleted in a timely fashion to preserve mittee and to see to it that the com- Senator INOUYE took the lead in mittee does not receive that which it the committee’s bipartisanship and to achieving that constructive and re- avoid any exploitation of President needs. I know of no such charges that sponsible result. I simply want to un- have been made in past investigations, Reagan during an election year. derscore it and contrast it with the sit- The Special Committee on and, even if they were, frankly, they uation we are now facing, where we Whitewater has had 41 days of hear- are irrelevant to this issue. have a proposal, now, for an unlimited This issue is very simple, again, Mr. ings, five public meetings, and now has time period, an additional $600,000. President. It is simply this: What is made an unprecedented and unreason- I yield myself 1 more minute. there yet to find? What will it take us able request to indefinitely extend the Furthermore, in order to complete to find it? It has nothing to do with special committee’s mandate. It will be its work, the Iran-Contra Committee, any past investigation of any other cir- a $600,000 tab, and I suppose it will pro- on which I was privileged to serve, cumstance. It has to do with this inves- long the investigation into the Presi- under the very distinguished chairman- tigation of this set of circumstances. dential campaign with a possibility of ship of the Senator from Hawaii, held What is there yet to find, and what will politically damaging and embarrassing 21 days of hearings in the last 23 days, it take us to find it? the incumbent President. in late July and August, in order to The editorials that have been quoted Mr. President, the Democrats are complete its hearings. Contrast that here—I have quoted them, the New committed to ensuring that the Amer- with the work of this committee, York Times, the Washington Post, oth- ican people know the facts on which held 1 day of hearings in the last ers. The most recent one I will return Whitewater but that it be done in the 2 weeks of its existence in the latter to again, as my distinguished chairman same bipartisan fashion as the Iran- part of February; which held only 8 has. But it makes this point, relating Contra hearings, and not for the exploi- days of hearings in the entire month of to the question of, ‘‘Can the committee tation or for the embarrassment of the February, whereas the Iran-Contra not wind its affairs up?’’ This is what sitting President. Committee held 21 days of hearings in the Washington Post has said. I repeat Mr. SARBANES addressed the Chair. order to wind the thing up. it again: The PRESIDING OFFICER. The Sen- The minority leader has made, I ator from Maryland. . . . here is part of the problem; The think, a very reasonable proposal in McDougals and Governor Tucker are cur- Mr. SARBANES. Mr. President, I terms of providing some additional rently unavailable for Washington testimony yield myself 2 minutes. time to finish this matter up. The com- as they are defending themselves against a The PRESIDING OFFICER. Without mittee should intensify its schedule 21-count indictment handed up last August objection. and complete it on time, and it ought alleging fraud and conspiracy on their part. Mr. SARBANES. Mr. President, while to follow the example set by the distin- It came courtesy of independent counsel the distinguished Senator from Hawaii guished Senator from Hawaii when he Kenneth Starr and a federal grand jury in is still in the Chamber, I commend him Little Rock. Judge Hale, whose earlier guilty chaired the Iran-Contra Committee and plea slims down considerably his chances of for his statement and underscore—un- worked assiduously to keep partisan- derscore—the responsible manner in ever returning to the bench, is similarly oc- ship and politics out of the inquiry and cupied in Arkansas and unavailable to be which he dealt with the Iran-Contra to keep the inquiry out of the election heard by anyone in Washington. He is the issue. year. prosecution’s key witness against the gov- At the time, there were Members of I yield the floor. ernor and the McDougals. Their trial, which the Congress, a Democratically con- Mr. BENNETT addressed the Chair. just got started, is one reason the trolled Congress, who wanted to extend The PRESIDING OFFICER. The Sen- Whitewater committee hearings have been those hearings well into 1988, a Presi- ator from Utah. dragged out. dential election year, for political pur- Mr. BENNETT. Mr. President, what I will repeat that, Mr. President. poses. And that was obvious. The Re- is the time situation? ‘‘Their trial is one reason the March 13, 1996 CONGRESSIONAL RECORD — SENATE S1931 Whitewater Committee hearings have vestigations have had. But that is en- Then Mr. Massey appeared before us been dragged out.’’ tirely beside the point. and said he did not bring any business It is not a conspiracy on the part of The point is, I repeat again, what is to the law firm. So then she said it was the Republicans. It is not an attempt there yet to find out and what will it Vince Foster who brought it. She on the part of the Republican National take for us to find it? The answer to changed her mind. McDougal said that Committee to delay this into an elec- that question dictates that we proceed Bill Clinton urged him to give business tion year. There is a trial going on, in the fashion that the distinguished to Hillary Clinton because the Clintons over which the Republicans on the chairman, Mr. D’AMATO, has asked us needed the money. committee have no control, that is pre- to proceed. The book reveals that there was a venting these witnesses from coming I yield the floor and reserve the re- clear witness to that, Susan before us. This is why we are asking for mainder of the time. McDougal’s brother, and I think we a time that will allow us to deal with Mr. FAIRCLOTH addressed the need him to testify as soon as possible. those witnesses when they become Chair. Many people might say, ‘‘So what, 20 available. We do not know when this The PRESIDING OFFICER. The Sen- years ago, why is it relevant today?’’ trial will be over. If we knew with cer- ator from North Carolina. There are a number of reasons. First, tainty when the trial would be over Mr. BENNETT. Mr. President, how the White House is engaged in a mas- and when these witnesses would be much time is remaining? sive coverup of the entire episode, an available, I, for one, would be willing The PRESIDING OFFICER. The Sen- inept coverup, but at least an attempt to set a date, appropriately far off into ator has 42 seconds remaining on his to cover up. the future, that would allow us time to side of the aisle. We now know what the First Lady deal with these witnesses. We do not Mr. BENNETT. I apologize to the truly meant when she told Maggie Wil- know. We cannot know. And, therefore, Senator. I thought I had more time liams she did not want 20 years of her it does not make sense for us to set a than that. I yield all 42 seconds to the life in Arkansas probed by the Senate. firm date. Senator from North Carolina. We now know why. But it is a true in- Back to the editorial, quoting: Mr. FAIRCLOTH. Mr. President, as dication of the way they ran things in The other reason is the protracted battle we have just heard, Time magazine has Arkansas, and they clearly have dem- with the White House over subpoenaed docu- released excerpts from a new book, onstrated they are going to run them ments and the very slow and uncertain way ‘‘Blood Sport,’’ which is one of the the same way in Washington. They certain important documents finally are pro- most revealing and down-to-Earth ac- sure tried to run them the same way. duced. counts of Whitewater we have had. It Old habits die hard, and we have seen In other words, the delay in the eyes certainly is easier to follow than any- the same characteristics that we know of the Washington Post has not been thing we have seen, doing the best we of in Arkansas come about in Washing- because the committee wants to drag it could with the Whitewater hearings: ton. out for political reasons; it has been Coming in a day, skip days, a day out. I hope we can end the filibuster and because the White House has been un- It has been very difficult for the aver- let the Senate vote and then let the responsive. age citizen to follow what we have been American people decide if Whitewater I am a member of this committee. I doing and what we have been trying to hearings are worth pursuing. have been to as many of the proceed- pursue. I yield the floor. ings as I possibly could, given the This book chronologically identifies The PRESIDING OFFICER. All time schedule and the other challenges that exactly what went on and what hap- has expired. apply. I thought I knew this con- pened. I think, again, it points to the Mr. SARBANES. How much time re- troversy fairly well. I have now picked very great need for us to continue the mains? up the recent copy of Time magazine hearings, and the public will see the The PRESIDING OFFICER. The Sen- and read the first installment of a book need, once they read the book and read ator from Maryland has 10 minutes, 30 that was written, initially at the rec- the excerpt that was in Time magazine. seconds. ommendation of Susan Thomases, one It shows the Clintons to be much Mr. SARBANES. Mr. President, I of the President and First Lady’s clos- more active partners in Whitewater yield myself 4 minutes. est friends and confidants, in an at- than any of us believed at one time. The PRESIDING OFFICER. The Sen- tempt to make sure the whole story The PRESIDING OFFICER. The Sen- ator from Maryland is recognized for 4 got out. ator’s time has expired. All time has minutes. She went to the author and said, expired on the chairman’s side of the Mr. SARBANES. Mr. President, I ‘‘Will you write a good book on this?’’ aisle. want to be very clear with respect to The author spent an hour and a half Mr. D’AMATO. Mr. President, I ask the reasonableness of the issue that is in the White House with Mrs. Clinton, unanimous consent that we provide 4 before us. When Senate Resolution 120 and she said, ‘‘I will cooperate with additional minutes to be equally di- was adopted, it was adopted and en- you, and I will see to it that everybody vided, so that we each have 2 minutes. compassed within it certain premises, connected with me will cooperate with Mr. FAIRCLOTH. Four additional all of which are now being departed you. We want the truth to come out.’’ minutes for each side. from or violated by the proposal of- Now, we have the book that was cre- Mr. D’AMATO. I asked for 4 minutes, fered by the Senator from New York. ated by that genesis and I can only de- 2 minutes for each side. The first premise was that there scribe it as devastating. It is devastat- The PRESIDING OFFICER. Without would be a fixed deadline in the pro- ing to those who say, ‘‘There is no objection, it is so ordered. posal that would seek to keep the in- there there.’’ It is devastating to those The Senator from North Carolina is quiry out of the election year. That who say the Republicans are on a par- recognized for 2 minutes. was the February 29 date, and it was tisan activity, because nothing signifi- Mr. FAIRCLOTH. Mr. President, it agreed to. cant really happened. shows the Clintons were much more ac- We had overwhelming bipartisan sup- As I say, I am a member of this com- tively involved than we had any idea; port for the resolution that was adopt- mittee. I thought I knew this issue that the McDougals put far more ed last year for this inquiry. Regret- fairly well, until I read this week’s money into the project than did the tably, the majority has now gone down issue of Time magazine and found out Clintons; and that they clearly used a different track and made impossible, there is a whole lot more that I did not money from the savings and loan to up to this juncture, a further biparti- know about, and I have been a member supplement the Whitewater venture. I san concord with respect to this mat- of the committee attending these ses- think we need to and should pursue it. ter. sions. Further, there is a new revelation of Senate Resolution 120 was consistent So, Mr. President, I conclude by say- how Mrs. Clinton received legal busi- with Senate precedents. The proposal ing there is plenty more yet to find ness from Madison. She told the public that is now before us is a complete de- out, and I am sorry if it did not come that a young associate, Mr. Massey, parture from Senate precedents. The out in the same timeframe as other in- brought the business to the law firm. proposal last year for a fixed-ending S1932 CONGRESSIONAL RECORD — SENATE March 13, 1996 date reflected the very argument that is not consistent with the premises on virtually every Friday. There were a Senator DOLE made in 1987 with respect which we got an overwhelming biparti- lot of days during the week, for what- to Iran-Contra, where some Democrats san consensus to pass the initial in- ever reason, they chose not to meet. wanted to extend it into the election quiry resolution. So it was not that we did not have year and he said that would not be a I yield the remainder of our time to the time. We simply did not use the fair and reasonable thing to do. Sen- the distinguished minority leader. time very wisely. And the majority, if ator INOUYE and others accepted that The PRESIDING OFFICER. The dis- they could do it over again, I am sure, proposition, and they put on a dead- tinguished minority leader is recog- would use that time more wisely. But line. It is very important that that be nized. now, to say that is the reason we want understood. The proposal before us de- Mr. DASCHLE. Mr. President, how to carry this thing out forever is just parts from that essential premise. much time remains? unacceptable. Second, this committee had only 1 The PRESIDING OFFICER. The Sen- Mr. President, the second point I em- day of hearings in the last 2 weeks of ator has 6 minutes 30 seconds remain- phasize is that we have made a good- its existence in the latter part of Feb- ing. faith offer. That offer stands, although ruary. In Iran-Contra, we held 21 days Mr. DASCHLE. I thank the Chair. I will say that the clock is ticking. We of hearings in the last 23 days in order Mr. President, the distinguished are simply not going to extend this to complete the work. The distin- ranking member of the committee has thing out over and over farther and far- guished minority leader, Senator said it so well and ably. I applaud him ther just because we are not able to re- DASCHLE, wrote to Senator DOLE in for making the case once more prior to solve this difference today. The clock mid-January saying the committee the time we are called upon to cast our is ticking. The calendar pages are turn- should intensify its work through the vote this afternoon. There is very little ing. The offer that we have been given balance of January and through Feb- one can add to what he has said so is unacceptable. The counteroffer, this ruary in order to complete on schedule. well. notion that somehow we now could go The committee did not do that. This is an unprecedented request. Ev- 4 or 5 months longer, is also unaccept- Third, this resolution premises that eryone needs to be fully appreciative of able. We do not want to make this a there will be consultation between the the nature of what it is we are called convention issue. We do not want to majority and the minority. In fact, we upon to vote on here—an unprece- make it a Presidential campaign issue. had such consultation in the formula- dented request, an open-ended, unlim- We want to get the facts. We want to tion of Senate Resolution 120, and ited request to continue this investiga- resolve these matters. We want to re- when it was brought to the floor, it had tion forever if the majority chooses to solve this issue once and for all. been worked out on the basis of discus- do so—forever. There is no deadline, We can do that in a time certain. We sions between the majority and the mi- none whatsoever. can do that in a bipartisan way. We can nority. That has not taken place in So, Mr. President, we have looked do that working together to make the this instance. In fact, Senator back to try to find some other occasion best use of the time, whatever addi- DASCHLE’s letter to Senator DOLE re- when a committee has sought that tional time is requested. We can do all mained unanswered for a month period. kind of authority to say, ‘‘We don’t of that. But we have to resolve this I know Senator DOLE was distracted know whether we’re going to take a matter. The standoff that we are in with other matters, but nevertheless, week, a month, 2 months, the rest of today is unacceptable. We do not like we are still left with the problem with the session. We may even need to go it. We know the majority does not like which we are confronted. into the next Congress. Who knows? it. So let us sit down and try to find a Finally, I want to underscore that What we do know is that we’re not way to resolve it. But let us recognize the Office of Independent Counsel will going to give you any specific time- an unlimited request or any request continue its inquiry. It was an essen- frame within which we realistically that takes us into political conven- tial premise of the original resolution think we can finish this investigation.’’ tions and the campaign season for 1996 that we would not come in behind the So what does that tell you, Mr. Presi- is unacceptable, too. independent counsel and, in fact, dent? What it tells me is that they So, Mr. President, reluctantly, I urge Chairman D’AMATO and I wrote to Mr. want to keep open the option to take my colleagues once more to vote Starr at the beginning of October to this right up until the very last day of against this cloture motion. I believe make that very point. It was strongly this Presidential campaign. We are un- that we will continue to be able to de- argued that extending it out would willing to accept that. We have indi- feat the cloture motion for whatever turn it political. cated, in as clear a way as we possibly length of time this unreasonable re- Now it is becoming political; we sim- can, that we want to find a way to request is, the one before us. We can reply have to recognize that. There are solve this once and for all. We want a solve it this afternoon. It is time we do editorials around the country that are way to find a resolution in the amount so. beginning to say that—here is one from of time and the amount of money to be It is time we get on with the real Greensboro: dedicated to this investigation, even business of the Senate. I hope we can A legitimate probe is becoming a partisan though now we anticipate more than do it sooner rather than later. I yield sledgehammer. The Senate Whitewater hear- $32 million in total, within the Con- the floor and yield the remainder of ings, led since last July by Senator gress and within the special investiga- our time. D’Amato, have served their purpose. It’s tion that is ongoing, has already been time to wrap this thing up before the elec- dedicated to this. CLOTURE MOTION tion season. If we need to spend another $100,000, The PRESIDING OFFICER (Mr. One from a Sacramento paper: another $130,000, $140,000, we will do COVERDELL). The clerk will report the Senator D’Amato, the chairman of the that. Our amendment suggests $185,000. motion to invoke cloture on the mo- Senate Whitewater Committee and chairman Our amendment suggests that the in- tion to proceed to Senate Resolution of Senator Bob Dole’s Presidential campaign vestigation go on at least through 227. in New York, wants to extend his hearings April 3, and then gives the opportunity The legislative clerk read as follows: indefinitely or at least, one presumes, until after the November election. In this case, the to write a report through May 10. CLOTURE MOTION. Democrats have the best of the argument by If we had used every day we had We, the undersigned Senators, in accord- a country mile. With every passing day, the available to us, if the committee had ance with the provisions of rule XXII of the hearings have looked more like a fishing ex- taken the opportunity that they had Standing Rules of the Senate, do hereby pedition in the Dead Sea. available to them in using Mondays move to bring to a close debate on the mo- The minority leader, Senator and Fridays and days throughout the tion to proceed to S. Res. 227 regarding the week for which they chose not to have Whitewater extension. DASCHLE, has made a very reasonable Alfonse D’Amato, Trent Lott, C.S. Bond, proposal. any hearings, we would not have to ex- Fred Thompson, Slade Gorton, Don The proposal for an indefinite exten- tend it. But for whatever reason, the Nickles, Paul Coverdell, Spencer Abra- sion, or this 4 months, which amounts committee chose not to meet on a lot ham, Chuck Grassley, Conrad Burns, to the same thing, is not reasonable. It of Mondays, they chose not to meet on Rod Grams, Richard G. Lugar, Mike March 13, 1996 CONGRESSIONAL RECORD — SENATE S1933 DeWine, Mark Hatfield, Orrin G. The assistant legislative clerk called Article III of annex 1A is absolutely Hatch, and Thad Cochran. the roll. clear—Let me read it into the RECORD. The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there This is part of the Dayton Accords. It question is, Is it the sense of the Sen- any other Senators in the Chamber de- says: ate that debate on Senate Resolution siring to vote? All forces in Bosnia and Herzegovina as of 227 shall be brought to a close? The The result was announced—yeas 49, the date this Annex enters into force which yeas and nays are required under rule nays 51, as follows: are not of local origin, whether or not they XXII. The clerk will call the roll. [Rollcall Vote No. 30 Leg.] are legally and militarily subordinated to The legislative clerk called the roll. YEAS—49 the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina or the The PRESIDING OFFICER. Are there Akaka Graham Moynihan Baucus Gregg Murray Republic of Srpska, shall be withdrawn to- any other Senators in the Chamber de- gether with their equipment from the terri- siring to vote? Biden Harkin Nunn Bingaman Heflin Pell tory of Bosnia and Herzegovina within 30 The yeas and nays resulted—yeas 53, Boxer Hollings Pryor days. nays 47, as follows: Bradley Inouye Reid Just to make abundantly clear so [Rollcall Vote No. 29 Leg.] Bryan Jeffords Robb Bumpers Kennedy Rockefeller that there was no misunderstanding of YEAS—53 Byrd Kerrey Roth just what we meant by this provision, Abraham Frist McCain Chafee Kerry Sarbanes the annex spells out who was affected Daschle Kohl Simon Ashcroft Gorton McConnell by this requirement. The accord explic- Bennett Gramm Murkowski DeWine Lautenberg Specter Bond Grams Nickles Dodd Leahy Thompson itly states: Brown Grassley Pressler Exon Levin Wellstone In particular, all foreign forces, including Burns Gregg Roth Feingold Lieberman Wyden individual advisors, freedom fighters, train- Campbell Hatch Santorum Feinstein Mikulski Glenn Moseley-Braun ers, volunteers, and personnel from neighbor- Chafee Hatfield Shelby ing and other states, shall be withdrawn Coats Helms Simpson NAYS—51 Cochran Hutchison Smith from the territory of Bosnia and Cohen Inhofe Snowe Abraham Dorgan Lott Herzegovina. Coverdell Jeffords Specter Ashcroft Faircloth Lugar In a December hearing before the Craig Kassebaum Stevens Bennett Ford Mack D’Amato Kempthorne Thomas Bond Frist McCain Senate Appropriations Subcommittee DeWine Kyl Thompson Breaux Gorton McConnell on Foreign Operations, Assistant Sec- Dole Lott Thurmond Brown Gramm Murkowski retary Holbrooke reiterated the ‘‘high Burns Grams Nickles Domenici Lugar Warner importance’’ the administration at- Faircloth Mack Campbell Grassley Pressler Coats Hatch Santorum tached to full compliance with this NAYS—47 Cochran Hatfield Shelby provision. Akaka Feinstein Lieberman Cohen Helms Simpson Let me cite his testimony: Conrad Hutchison Smith Baucus Ford Mikulski It is imperative that the commitment Biden Glenn Moseley-Braun Coverdell Inhofe Snowe Bingaman Graham Moynihan Craig Johnston Stevens made to have these elements removed be Boxer Harkin Murray D’Amato Kassebaum Thomas honored. They have said publicly they will Bradley Heflin Nunn Dole Kempthorne Thurmond do so . . . President Clinton raised this di- Breaux Hollings Pell Domenici Kyl Warner rectly with President Izetbegovic in Paris. Bryan Inouye Pryor So the motion to lay on the table the Bumpers Johnston Reid During questioning he noted that Ira- Byrd Kennedy Robb amendment (No. 3479) was rejected. nian and other freedom fighters were Conrad Kerrey Rockefeller Mrs. HUTCHISON. Mr. President, I concentrated in the sector where Daschle Kerry Sarbanes move to reconsider the vote. United States troops are operating, ‘‘so Dodd Kohl Simon Mr. KEMPTHORNE. I move to lay we are going to be watching this ex- Dorgan Lautenberg Wellstone that motion on the table. Exon Leahy Wyden The motion to lay on the table was tremely carefully.’’ Feingold Levin When I asked Secretary Holbrooke agreed to. The PRESIDING OFFICER. On this The PRESIDING OFFICER. The what happens if they choose not to go, vote the yeas are 53, the nays are 47. question is on agreeing to the his answer was absolutely unequivocal: Three-fifths of the Senators duly cho- Hutchison amendment. Choose not go go? This is the Bosnian gov- sen and sworn not having voted in the The amendment (No. 3479) was agreed ernment’s home turf. This is the core of the affirmative, the motion is rejected. to. Federation position. It is not their choice. If the government of Bosnia-Herzegovina says f AMENDMENT NO. 3478 they will go, then either they go or the BALANCED BUDGET The PRESIDING OFFICER. The Bosnian government was not sincere in what DOWNPAYMENT ACT, II question is on agreeing to the Reid it said. They must get them out and we will amendment, as amended. know if they are out or not . . . President The Senate continued with the con- The amendment (No. 3478), as amend- Izetbegovic has publicly committed himself, sideration of the bill. ed, was agreed to. not only to the public and the press, but to AMENDMENT NO. 3479 The PRESIDING OFFICER. The the President. Mr. REID addressed the Chair. Chair recognizes the Senator from Ken- The deadline for the withdrawal has The PRESIDING OFFICER. The Sen- tucky. now come and gone. January 19 passed ator from Nevada is recognized. AMENDMENT NOS. 3480 AND 3481 with Iranian’s terrorist forces still op- Mr. REID. Will the Chair explain to Mr. MCCONNELL. Mr. President, ear- erating in the American patrolled sec- the Senate what the order before the lier today the majority leader sent to tor. Senate is now. the desk two amendments relating to Secretary Christopher acknowledged The PRESIDING OFFICER. The Sen- Bosnia on behalf of myself and him. I the administration’s ongoing concern ator from Nevada [Mr. REID] is recog- ask unanimous consent that Senator about this issue during an appearance nized to move to table the Hutchison MCCAIN and Senator BURNS be added as on the McNeil-Lehrer Show on January amendment. cosponsors to both amendments. 23. At that time, he said: Mr. REID. I so move to table, and I The PRESIDING OFFICER. Without We will not go forward with the equipment ask for the yeas and nays. objection, it is so ordered. and training unless they are in compliance The PRESIDING OFFICER. Is there a Mr. MCCONNELL. Mr. President, the with the agreement. They’ll not have a right sufficient second? first amendment regarding Bosnia, to the reconstruction fund unless they are in There is a sufficient second. conditions the obligation of funds in compliance with the agreement. The yeas and nays were ordered. this supplemental upon a certification At the time, I was reassured that the The PRESIDING OFFICER. The that all foreign fighters, including Ira- administration shared the view many question is on agreeing to the motion nians are out of Bosnia, in compliance of us have here in Congress—Iranian to table the Hutchison amendment. with the Dayton Accords. troops represented a direct threat to The yeas and nays have been ordered, Let me describe each amendment, American soldiers and to American and the clerk will call the roll. turning first to foreign troops. long-term interests in stability. S1934 CONGRESSIONAL RECORD — SENATE March 13, 1996 Yet shortly after the Secretary’s re- to move forward with a meaningful clearly have an impact on deciding marks, NATO soldiers raided a house program to assure the Bosnian Federa- which to pursue—the report makes near Sarajevo and detained 11 people tion receives the assistance necessary clear that every project has been with a cache of weapons, ammunition to achieve an adequate military bal- deemed urgently needed. and explosives. According to a senior ance prior to IFOR’s departure. No other agency has been able to State Department official, news ac- If we are serious about the presence produce as comprehensive an assess- counts indicated five were Iranians be- of foreign troops in Bosnia, and I cer- ment of Bosnia’s urgent priorities. lieved to have already left the country, tainly believe we should be, then we Since the administration deemed this yet they were clearly involved in plot- must use all necessary and appropriate supplemental an urgent emergency, ting attacks on NATO installations. diplomatic, economic, and security designating these identified projects as This past week, the Washington Post tools we have available to press for full high priorities will expedite the proc- reported that members of the Iranian compliance. ess of obligating funds and hopefully Interior Ministry are among the 150 or I believe the amendment Senator have an immediate, visible, and effec- so men running vie to seven training DOLE and I have offered sends a clear tive impact. My expectation is that by camps. Western officials believe Ira- signal that the Congress expects full improving economic conditions in the nian Revolutionary Guards joined by compliance with the Dayton accords if American sector we will reduce the volunteers from across the Islamic we are to move forward with this $200 level of tension and stimulate popular world are engaged in building a secret million supplemental. support, which, in turn, should lower security organization called the Agen- I think it is worth noting that none the security risks to our soldiers. cy for Investigation and Documenta- of the funds we have designated for I should make one point perfectly tion. emergency humanitarian programs clear. This amendment affects only the U.S. Navy Adm. Leighton Smith con- would be affected by this amendment. $200 million provided in this bill. An ceded in a recent interview that the In fact, $339 million provided in the fis- additional $339 million appropriated in forces were of immediate concern to cal year 1996 foreign operations appro- 1995 and 1996 are not subject to these the security of American soldiers and priations bill for a variety of activities conditions or priorities. We have excited the loss of 248 marines in Beirut and programs would still be available. empted the early appropriations be- We are simply withholding a portion in a suicide bomber attack. cause much of those funds are for In addition to our security concerns, of our total commitment to assure emergency humanitarian activities compliance with a provision of the Iranian forces and their role in the which we in no way wish to impede or Dayton accord which has an immediate Agency for Investigation and Docu- redirect. To date, these short-term, impact on the well being of our troops mentation directly undermine pros- quick impact efforts have been very and a long-term affect on the viability pects for continuation of the Moslem- successful and should be continued. of the Federation and peace. Croat Federation. In a letter to It is my view that focusing the sup- The second amendment Senator DOLE plemental resources on the area in Izetbegovic, Federation President sent to the desk earlier today on behalf which United States troops are as- Kresimir Zubak said the Agency was of myself and him, supports the broad signed and targeting projects that the ‘‘in direct opposition to the constitu- goals and plans the President outlined Army has already identified as ready tion of the federation and the law.’’ in his Oval Office address announcing He, like others are deeply worried the commitment of U.S. troops. In sep- for funding enhances stability in that the agency will be used to harass arating the belligerents and patrolling Bosnia and strengthens the chances of and investigate Izetbegovic’s political the cease fire zone, he said the United achieving an early exit. While I have opponents and over the long run, en- States would ‘‘help create a secure en- opposed setting a specific date for de- courage the movement toward a sepa- vironment so that the people of Bosnia parture, I support the President’s ob- rate Moslem state, a goal Iran has long can return to their homes, vote in free jective to complete the mission within pursued. elections, and begin to rebuild their a year. The effective administration of There are a number of other disturb- lives.’’ our aid contributes to this exit strat- ing signs that President Izetbegovic is While many of us opposed the deploy- egy. moving in this direction. However, the ment of our troops, we now hope that There are a few other provisions in immediate concern we should all have they succeed in accomplishing this the amendment worthy of note. The is the continued presence of Iranian mission. I think every one of us also administration has indicated it intends Revolutionary Guards. supports the President’s determination to deposit $65 million in a Croation- In the last several days, administra- to assure the mission is limited in na- owned bank in Bosnia, convert the tion officials seem to have abandoned ture and fulfilled within the year. money to German marks and extend the linkage drawn by the Secretary on Above all else, we are committed to loans to small- and medium-sized busi- January 23 between full compliance protecting the security of our forces. nesses to generate jobs and income. I and economic and military aid. They The amendment before the Senate have made my reluctance to support are now asserting that we will only advances these goals. this idea clear to AID in large part behold up plans to equip and train the First, it requires that the funds in cause there are no clear accountability Bosnians. this supplemental may only be made mechanisms to prevent fraud or abuses. This is a decision which is bound to available for projects and activities in Blank checks to foreign banks invite backfire. Withholding military support Sarajevo and the sector where Ameri- trouble. and training will only drive the cans are assigned. It also establishes To solve this problem, the amend- Bosnian Moslems closer to Iran, a na- that in making funding allocations, ment requires the bank which will be tion unfortunately viewed as one of the priority consideration should be given the beneficiary of this substantial de- few reliable partners during the years to projects identified by the Depart- posit to grant GAO access to audit the that the embargo imposed an unfair ment of the Army on the so-called flow of U.S. funds. I am hopeful this disadvantage on their government and Task Force Eagle Civil Military will address congressional concerns people. Project List. about accountability while allowing Moreover, if not a part of a broader This list is a catalog of specific ac- the administration to test the merits strategy, withholding only military tivities designating both the location of this approach. support will call American credibility and type of assistance necessary. The Finally, the amendment offers the and commitment to the Federation task force has identified a wide range administration leverage in discussions into question. It will be seen as an ex- of activities including the repair of with our friends and allies over their cuse to reinstate the administration’s roads, bridges, and railroads, and re- contributions to reconstruction. Late long standing position opposing lifting building municipal electricity, water, last year, the World Bank estimated the embargo. After all, only when faced telecommunications, and sewer sys- Bosnian reconstruction would cost ap- with the imminent prospect of a con- tems. proximately $6 billion. The administra- gressional vote to lift the embargo, did Although costs have not been as- tion testified that half of the necessary the President make the commitment sessed for each project—which will funds would come from multilateral March 13, 1996 CONGRESSIONAL RECORD — SENATE S1935 lending institutions such as the Euro- Crime Control and Law Enforcement Act of none before, by merely one additional pean Bank and the World Bank. The 1994 (Public Law 103–322) and related admin- police officer. balance would be derived from bilateral istration costs, $1,788,000,000, to remain Mr. President, there was only a total donations, of which we have now available until expended, which shall be de- of about 525,000 local police officers be- rived from the Violent Crime Reduction pledged $539 million or roughly 20 per- Trust Fund. fore this began. There are those of us cent. On page 29, line 2, strike all after ‘‘(‘the on this side, and I can speak for the So far, the pledging by other nations, 1990 Act’);’’ through ‘‘That’’ on page 29 line President in this regard—and I seldom especially our European allies has been 18 and insert in lieu thereof: ‘‘$1,217,200,000, ever do that—bottom line is we want to anemic. I think it is important that to remain available until expended, which make sure there are an additional they understand that we will not shoul- shall be derived from the Violent Crime Re- 100,000 cops on the street when this is der this burden alone. Thus, the duction Trust Fund; of which’’. over, so we end up with 600,000-plus amendment requires the President to The PRESIDING OFFICER. The Sen- local police officers. As a result of what certify that the total of bilateral con- ator from Delaware. we have already done so far, commu- tributions pledged by other donors Mr. BIDEN. Mr. President, I have nity policing speaks for itself. More must match our level of support. Fail- spoken with the White House, and the cops means less crime. ing that test, we should suspend obliga- President agrees that the only course You know, there is not a lot we know tion of supplemental funds. Here again, to be taken on the 100,000 COPS Pro- about crime. We all think we know the emergency humanitarian program gram is an unequivocal and unwavering about it. We think we do not have to will not be affected. support for adding 100,000 cops to our know the facts. I heard someone say— Finally, the amendment makes clear streets. actually I heard Senator SIMPSON say that no funds may be made available to The irony of all ironies is, in my it—everyone is entitled to their own support building or refurbishing of view, that after the years that Senator opinion, but not entitled to their own housing in areas where refugees or dis- KERRY, Senator WELLSTONE, and others facts. He was talking about something placed people are refused the right to of us have fought for this program, we other than this, but the facts are that return based on ethnicity or political heard repeatedly—I mean, if I heard it there is not a lot we know for certain party affiliation. As Senator DOLE once, I heard it a hundred times on this about law enforcement and the crimi- points out, it makes no sense to use floor—‘‘This isn’t really going to be nal psyche. our limited resources to endorse or 100,000 cops.’’ But one thing we do know. If you sanction what amounts to a variation I watched Charlton Heston on TV in have a cop standing on this corner and of the repugnant practice of ethnic paid television advertisements. He no cop on the adjacent corner and cleansing. would say, ‘‘This is a phony thing. It is there is a crime that is going to be Mr. President, let me conclude by not 100,000 cops. This will not produce committed in that intersection, it will stating this amendment accomplishes more than 20,000 additional police offi- be committed on the corner where three goals. It improves the operating cers. It just simply is not’’—and he there is no cop. That is all we know. environment where our troops are as- went on and on and on and on. We think we know a lot of other signed thereby enhancing their safety, I heard repeatedly from my Repub- things, but that we do know. So we it targets the aid to support identified, lican colleagues that all this was about need more cops. ready-to-go projects improving pros- was adding welfare workers. This was To cite just one specific example, pects for success, and the combination adding welfare social workers and no look what is happening in New York of fulfilling those two goals contributes hard police enforcement. City. More police devoted to commu- to achieving the third and most impor- We have only been doing this about a nity policing has proven to mean less tant—the timely withdrawal of U.S. year, and we now have a total in the crime. In the first 6 months of 1995, troops. United States of America—and I will be compared to the first 6 months of 1994, I urge my colleagues to support these repeating some of these numbers, be- let me read the statistics: Murder is amendments. cause they warrant repeating—totally down by 30 percent, robbery is down by I hope both of these amendments will funded so far are 34,114 additional cops; 22 percent, burglary is down by 18 per- be approved when they are actually direct hiring, 20,236; and the so-called cent, car theft is down by 25 percent. submitted for a vote to the Senate. COPS More Program, 12,678. In the face of that success in fighting Mr. President, I yield the floor. Bottom line, Mr. President, is more America’s crime epidemic, it seems to Mr. BIDEN addressed the Chair. than 33,000 police officers are on the me it would be folly to go back on our The PRESIDING OFFICER (Mr. streets who would not otherwise have commitment of adding the remaining SANTORUM). The Senator from Dela- been on the streets doing community 67,000 cops called for under this crime ware. policing and have already been funded. law to the list. As a former President AMENDMENT NO. 3483 TO AMENDMENT NO. 3466 What is more, the results of the Com- used to say, in a different context, ‘‘If Mr. BIDEN. Mr. President, I send an munity Policing Program, which all of it ain’t broke, don’t fix it.’’ Well, the amendment to the desk and ask for its my colleagues know now ad nauseam COPS Program is working. It is not immediate consideration. because the Senator from Massachu- broke. It is fixing things. I send it on behalf of Senators setts and I have been—for how many Why are we doing what this legisla- KERRY, WELLSTONE, DASCHLE, LAUTEN- years now, I ask the Senator from Mas- tion calls for, backing off of that com- BERG, LEVIN, and MIKULSKI. sachusetts, 5, 6 years we have been mitment in both dollars and numbers The PRESIDING OFFICER. Without talking about community policing? and the requirement that local officials objection, the pending amendment is Because of community policing, be- use this money to hire cops? That, un- set aside. The clerk will report. cause of the requirement that in order fortunately, is exactly what this latest The legislative clerk read as follows: to get a single additional federally paid continuing resolution proposes to do. The Senator from Delaware [Mr. BIDEN] for local police officer your whole depart- Instead of fully funding the President’s himself, Mr. KERRY, Mr. WELLSTONE, Mr. DASCHLE, Mr. LAUTENBERG, Mr. LEVIN, and ment has to be involved in community request for the 100,000 COPS Program, Ms. MIKULSKI, proposes an amendment num- policing, the results of these additional this latest proposal would slash the bered 3483 to amendment No. 3466. 33,000 police officers have been lever- 1996 request of the COPS Program to Mr. BIDEN. Mr. President, I ask aged in a way that was not imagined $975 million, about one-half of the $1.9 unanimous consent that the reading of by many. It was by the Senator from billion called for. the amendment be dispensed with. Minnesota, and that is, if you had a po- Let me go back and review the bid- The PRESIDING OFFICER. Without lice force of five cops in a small town ding here just a little bit. That is that, objection, it is so ordered. and they are not involved in commu- unlike any other program, we set up a The amendment is as follows: nity policing, in order to get one addi- trust fund to fund these cops. We are On page 3, line 8, add after ‘‘basis.’’: tional cop that you need, you have to not talking about new taxes here. We COMMUNITY ORIENTED POLICING SERVICES put the other five in community polic- are talking about we made a commit- For public safety and community policing ing. We have leveraged six cops into ment, with the help of the Senator grants pursuant to Title I of the Violent community policing, where there was from Texas, Senator GRAMM, over 11⁄2 S1936 CONGRESSIONAL RECORD — SENATE March 13, 1996 years ago, that we were going to cut in Pennsylvania would do that. The Second, the block grant has never the size of the Federal Government folks in Delaware would do that. We been authorized by the Senate. My work force instead of letting it con- both know it. You know why they do friends on the Appropriations Commit- tinue to grow as it did under two Re- that? Because the local folks do not tee like to talk about how they follow publican Presidents with the help of like telling the local taxpayers they the process. Well, let me tell you, we Democratic Congresses. are taking their tax money to hire a know the Judiciary Committee—to the What happened was we have kept public defender. They do not want to best of my knowledge, neither House that commitment. We have essentially do that. They know that is not a popu- ever authorized this. Let us be clear taken a check that we were paying the lar thing. But they know they have to about what is being done here. Federal bureaucrat—I do not use that have public defenders. They do not What this continuing resolution does word in a derisive way, but in which we want to tell them they are taking the is take the crime bill that has been paid a Federal employee—when that money to hire judges. They know that passed by only one House, the House of person left Federal employment, we did is not popular. So what do they do? Representatives, whose funds have not hire one; we took that check and They will take the Federal money and been authorized only by the House, sent it back home for folks to hire they will hire the public defender. whose block grant ideas already have cops. We traded bureaucrats for cops. I say to my friend presiding in the been rejected by the Senate. We have Now, here we are, with money in the chair, if this prevails, I will make him come at this a couple times in direct till under that program, and effectively a bet—and anyone else in here—Pitts- legislation. A couple of times I have defunding by $1 billion the request for burgh; Scranton; Wilmington, DE; my come to the floor and we have debated money for cops. Not only is the 100,000 hometown of Scranton, PA, Democrat, it, and I have won. Not I have won, my COPS Program subject to extreme Republican, Independent alike will find position has won. Now we find it back cuts, but the latest continuing resolu- a way to make sure that locally they in the appropriations bill. The block tion also makes nearly $813 million of look like they are getting tough, but grant idea has already been rejected by that money that is supposed to go to there will not be more cops. the Senate and incorporated into an the 100,000 COPS Program to fund I support the public defender pro- appropriations bill, so it is passed and those cops into what we call down gram. I think we need more judges. I funded all in one fell swoop, instead of here—and we think everybody at home think we need more protection. I think people standing on the floor here say- understands it—we call it a block we need more social workers at the ing, ‘‘I don’t want to fund COPS.’’ grant. prisons. But let me tell you what I Mr. President, we are going to legis- You know what a block grant is? A know I need: I need more cops. I need late by fiat like this. If we are going to block grant for this is like the old more cops in Delaware. Scranton, PA, do that, then we might as well do away LEAA program, Law Enforcement As- needs more cops. Dagsboro, DE, needs with the committees, with hearings, sistance Act. When I first got here, one more police protection. But that is not with subcommittee markups, with full of the first things I did—I remember I what will happen. So, $813 million that committee markups, with careful con- had gotten in great trouble with a sen- is supposed to go directly to hire new sideration of authorizing legislation ior Democrat named John McClellan cops—do not pass go—go straight to and with legislating in the sunshine. from the State of Arkansas. I had the hiring a cop, now can be used as a I understand why you put it in the temerity to come to the floor and in- block grant. The approach just is not bill this way. You put it in the bill this troduce legislation doing away with right. This so-called law enforcement way, in an appropriations bill in a con- LEAA because I had been a local offi- block grant is written so broadly that tinuing resolution, because then you cial, and I know how it works. We money can be spent on everything from can say, ‘‘I tell you what, I did not vote would sit around the county council prosecutors to probation officers to to cut those cops. Not me. I voted for meetings in my State—which is the traffic lights and parking meters, with- that big continuing resolution, but I largest representative body in my out having to hire a single cop. And had no choice. We had to do that. We State in this particular county I rep- that is not an exaggeration. had to keep the Government going.’’ resented—and we would say, ‘‘You I challenge anyone on this floor or ‘‘It was not me, Charlie.’’ know something? We can save the back in their offices listening or Sen- ‘‘Honest to God, Mabel, I know your county taxpayers’ money.’’ And a guy ator’s staff who are listening, go in and store got held up three times. You did named Doug Buck, he and the county tell your boss, ‘‘Come to the floor and not get the four cops.’’ administrator said, ‘‘Here we have X debate BIDEN.’’ If you can prove to me Let me give you an idea here. I will number of firemen,’’ or X number of that you cannot locally, with this not take the time to submit the chart, policemen in this case, ‘‘on the county block grant, go out and buy parking but I will just give you a list of the payroll. We’ll fire half of them, we’ll meters or get a probation officer, if you pending requests that exist. I will re- fire them, cut the budget. We’ll tell the can come and tell me that, I will stand peat this again: Already more than half local taxpayers we’re cutting the budg- corrected. But until that, understand, a billion dollars is pending in requests. et. And we’ll take that Federal money all my tough colleagues, Democrat and Remember Republicans said local offi- for cops, and we’ll rehire them. We’ll Republican, who are getting tough on cials would not want this money, they rehire them with Federal money.’’ crime, you are sending money back would not come and ask for it because So what happened was all of us, as home to hire probation officers. The they kick in their own money? I know local officials, could go home and say, same outfit that was worried that the my friend from Massachusetts, a ‘‘You know, we didn’t raise your taxes. Biden crime bill which became law former prosecutor, understands this We cut your taxes, and you didn’t lose would be soft and hire all these social one. What are the reasons we wrote it any services.’’ But what happened was workers, now apparently are concerned this way? We knew cops were more you did not get one additional cop. No because you really are hiring cops. I popular than mayors. So they go, and new cops. The community was not one guess you all want to hire those social the chief of police would say, ‘‘Mr. whit safer, but, boy, we local officials, workers. I guess that is what you all Mayor, got good news. We can get 75 we loved it. We thought it was a great are about. That is what you want to be grand from the Federal Government. idea. That is what a block grant is. able to do. The bad news is we have to come up If you look at the language, I say to Now, if you do not want to do that, with 50 or 60 or 70, depending on the my Republican friends, if you look at amend this on the floor and say the cost and size of the jurisdiction.’’ the language closely under the block block grant cannot be used—cannot be The mayor always said, ‘‘I don’t grant, the local officials can take this used—for anything—and I will give you know. I don’t want to do that.’’ block grant money and they do not a list—from parking meters to proba- ‘‘No problem. We will tell the folks have to hire a cop with it, they can go tion officers, to courts, to judges. Did we do not want the Federal money.’’ out and use it for anything they think you ever ask yourself, those who are It happened twice in my State al- impacts on law enforcement. They can listening, why this block grant is so ready. Guess what? The city council, hire a public defender with it. They broad? Well, it is because, I guess, we county council, could not take the heat say, Who would do that? Well, the folks do not like having all these extra cops. when the public found out they could March 13, 1996 CONGRESSIONAL RECORD — SENATE S1937 get the money and they were not ask- community policing does not work. I think? I wonder what the citizens back ing for it. Well, guess what? Mr. Presi- will stand here as long as anybody home who might listen to this think dent, 7,766 cops beyond the 33,000 are al- wants and come back after I yield to will happen? I wonder whether or not ready requested and pending. That my friend from Massachusetts. I will the mayor and the county executive means the town councils, the city hang around for anybody who wants to and others, Democrat and Republican, councils, the county councils have al- make the argument to me that commu- would conclude it is better for us to ready sat down and made the hard deci- nity policing does not work. I would spend this money on improvements of sion that they will keep a commitment love to hear it. I would love to hear it. public safety because we need new traf- to hire a cop for another 5 years and I suspect no one will come and make fic lights, we need new parking meters, have to pay half the freight in doing that argument, and no one will come to we need new lights in the local play- that. They did it. the floor and say we need fewer cops, ground, all of which are legitimate. Take a look. In the State of Dela- and no one will come to the floor and They do not put a single cop on the ware, we already have something like tell me, no, they do not want more street. 120 new cops already. We only have an cops in their home State. No one will Let me repeat, under the Republican entire police force, if you count every come to the floor and tell me that they proposal, the dollars can be diverted to cop in the State, about 1,500 in the want more of this COPS money to hire prosecutors, courts, public safety, and whole State. We have some pending. In probation officers. No one, I suspect, public safety officials. In addition, the the State of Massachusetts there are will tell me that. block grants require any money spent 276 cops asked for, formally requested, That is what this all does. That is for drug courts, crime prevention, law ready to be certified. In the State of what it does. The 1994 crime law tar- enforcement, educational expenses, se- Minnesota, 100 cops, 7 million bucks, gets $8.8 billion for States and local- curity measures, or rural crime task an additional 100. The State of Penn- ities to train and hire 100,000 new po- forces be taken out of the money to sylvania, 280 cops. Say we turn this to lice officers over 6 years. Now, we will hire new cops. a block grant. That will be like water all remember the criticism of last I see my friend from Utah just walk- going through your hands. You will not year’s program, the COPS Program. ing on the floor. He and I worked awful get 280 cops in Pennsylvania or 400- Republicans in Congress got Charlton hard to make sure the rural crime task some cops in Massachusetts, and so on, Heston to go and say there will never forces were funded and rural crime because there will be other priorities. be more than 20,000 cops, and ‘‘Moses’’ money—as I know my friend from Min- I, for one, happen to believe that is a Heston could not have been more nesota knows better than most of us terrible way to proceed, and that is wrong. here, rural crime is growing faster than through this block grant approach on As indicated, we already have 33,000 urban crime, with less resources and COPS. That is reason enough for me to new local cops—not Federal cops, local training and capability to deal with it. oppose the bill all by itself. If the Re- cops—only after 1 year. Because of the That is why it is growing. That is publicans want to change the crime way we set it up with the match re- where the drug cartels are moving. bill, they have a right to try that, but quirement in spreading out the cost That is why the drug operations are we should do it the right way and have over a period of a year, the money will moving to those areas. What do we do a vote on it. Wiping out a major piece continue to work and keep working for here? Right now, in the crime law that of this most significant anticrime leg- cops on the beat well into the future. exists, there is money separately for islation to ever pass the Congress on an This is not just 1 year the cops have rural law enforcement, separately for appropriations bill makes a mockery of been at it. The progress will come to a the drug courts, separately for all the Senate process. The importance of screeching halt if my Republican col- these things. This is the pea in the the program we are considering, not to leagues have their way. shell game of all the block grant stuff mention the perception of our institu- The continuing resolution includes that relates to the money part of it. We tion, I think, demands better. new enforcement block grants. They are going to give you a block grant, Before turning to specific problems call it new enforcement block grants, give you more flexibility, and that is with the so-called law enforcement which has loopholes so big that it the good news if you are a local offi- block grants, let me preview the spe- would prevent all the money to be cial. Even they like the good news. cific success of the 100,000 COPS Pro- spent without hiring a single police of- Here comes the bad news: Add it all up gram. I do not know a single respon- ficer—not one. Read the proposal. and it is less money overall. Less sible police leader, academic expert, or Money is sent not to the police, as it is money is going home. A lot less money public official, who does not agree that now, but to the mayors. The money is going home. So they may think they putting more police officers on our may be used not only for the cops but can hire prosecutors and put in street streets is the single best, more effec- also for other types of law enforcement lights with assets of hiring cops. But tive, immediate way to fight crime. officers or anything that ‘‘improves they have to do everything else they Community policing enables police to public safety.’’ Moreover, the money were going to do with less money. fight crime on two fronts at once: They can be used for other vaguely defined Mr. President, look at the language are better positioned to respond and purposes such as ‘‘equipment tech- of the bill. Not one new cop is required. apprehend suspects when the crime oc- nology and other material.’’ All it says is—I am quoting—‘‘Recipi- curs; but, more importantly, they are Now, look, I am not trying to pick on ents are encouraged to use these funds in a better position to keep crime from local officials. They know what they to hire additional law enforcement offi- occurring in the first place. need. They do not have to ask for a sin- cers.’’ Encouraged to use these funds. I have seen this work in my home gle cop. They do not have to ask for That is a very strong directive, is it State of Delaware where community any of this. Let me point out, we are not? Encouraged. That is encourage, policing in Wilmington, DE, taking the emasculating local budgets. As the not require. form of foot patrols aimed at breaking Federal share of local budgets go, we Mr. President, American commu- up street level drug dealing, is turning are throwing many of our cities and nities do not need our encouragement. the city of Wellington and neighbor- States into chaos by our unwillingness They need our help. They need more hoods into a combat zone. The efforts to come up with some rational plan. cops. We should not encourage the successfully put a lid on drug activity, Now, you are sitting there as a mayor; States to keep the commitment this without displacing it to other parts of you already lost a significant portion Congress made to the American people. the city. of what used to be Federal funding for We should keep our word. We should In practice, community policing other programs, and now you have to keep our word. Let me also point out takes many forms. Regardless of the make some tough choices. You have to that this block grant will also force need of a particular community, the re- make these really tough choices be- American law enforcement to wait for ports from the field are the same: It cause you have less money and no these dollars. It will take the better works, it works, it works, it works. I growing tax base. Do you think you part of a year to draft regulations, pre- am delighted to debate anybody who will put all the money into cops like paring application forms to get these wants to come and make the case that we required to be done? What do you dollars out the door. S1938 CONGRESSIONAL RECORD — SENATE March 13, 1996 When we passed the crime bill last is real simple stuff. If they hire John Generally speaking, previously, we year, I did something that the Attor- Doe or Jane Smith as a local cop in came to the floor and we had a bill that ney General thought was a little your town, your city, your county, just sought to deal with guns, or we had a strange. Two days after, I asked for a track them for a year. You tell me who bill that sought to build prisons, or a meeting with her in my office, and I would have arrested that person who bill that sought to deal with drugs, and said, ‘‘General, I really appreciate all burglarized your house or stopped it occasionally something like the LEAA your support on this bill.’’ She was sup- were it not for that cop. that sought to do something with the portive and for it. I said, ‘‘Now, Gen- In a word, Mr. President, the law is criminal justice system itself. But this eral, we have to make sure of one working. The crime law is already paid was the first time, under the leadership thing—that you are able to reduce this by the trust fund, is already being paid of Senator BIDEN, that we stood back application to one page.’’ They looked that way. Let me just add that the $30 and said, ‘‘How do we deal systemically at me like I was nuts. My two col- billion crime law trust fund that uses with the problem of crime?’’ To the leagues here who know a lot about this the savings from cutting 272,000 Fed- credit of the U.S. Senate, we finally know that the cops at home only have eral bureaucrats pays for every cop, —after we got over the issue of guns— to fill out a one-page application. They every prison cell, every shelter for a shed party lines and shed the partisan- do not have to go to the mayor, or to battered woman and her child. That is ship, and came up with a comprehen- some grantsman, they do not have to provided for in the crime law without sive approach to try to deal with go through the Governor, they do not adding a single penny to the deficit or crime. We put slightly less than $10 bil- have to go through the State legisla- requiring one new penny in taxes. lion into the building of prisons. We ture, they do not have to fill out forms The single-most important thing our put up almost the same figure into pre- in triplicate. One page. One. The cop communities need when it comes to vention, and almost the same figure sends it in. Guess who gets the answer? fighting crime is more police. The cur- into police officers. The cop. The cop. rent law guarantees that our money What I think is most significant When I told the cops back home this will be used for just that purpose. We about the approach that we adopted is was going to happen, they looked at me should not abandon it, 1 year after en- that we recognized something that has and said, ‘‘Joe, I love you, you are al- acting it, especially in light of the been building in this country for per- ways with us. But come on, we did not spectacular results that have already haps 20 years and did something about think you would get this passed, but do occurred. We must save the 100,000 it even as we recognized it. That is, not overpromise now.’’ Go back and COPS Program to ensure that the specifically, we took note of the fact ask your local law enforcement people money for police is used only for po- that for about 15 or 20 years we had how complicated this is. All my Repub- lice. We should not retreat now on this been disarming our communities in lican friends are real interested in tough but smart crime package that is this country. We had been losing num- making sure we do away with redtape already hard at work preventing vio- bers of police officers, losing the ratio and regulations. Well, this is a pre- lent crime across the country. We of police officer to crime. scription for redtape and regulation. should not retreat on the 100,000 COPS I think for any Member of the Senate This is a prescription for it. If you Program that we insisted on just a few who has spent time in the criminal jus- want to delay it all, pass this. months ago in this Chamber. tice system—there are a number of us The implementation of the 1994 crime In conclusion, Mr. President—and here who have done that—or for any- law stands in stark contrast to the typ- then I will yield to my friend from body who spent a lot of time, like Sen- Massachusetts—I want to make it ical scenario where you will have to go ator MOYNIHAN or others, studying the through drafting regulations, preparing clear. It seems to me an absolute trav- relationship of values and other dam- additional forms, getting the dollars esty that we are out here trying to dis- aging trend lines in the disintegration out the door, getting them to the may- mantle a law that nobody even at- of the fabric of our communities to law or’s office before they get to the cop’s tempted to make a case that it is not and order issues, I think most people office. It is a stark contrast. Instead of working. Not one single person has have come to the conclusion that there requiring the burdensome application come to the floor of the U.S. Senate to is a relationship between people in the make the case that this law is not often filled with entire binders, one- community and their perception of how working. I am anxious to hear and de- page applications were developed. In- the law is applied and how it is en- bate anyone who has that point of stead of waiting until the end of the forced to their sense of justice, their view. Yet, we are dismantling, and in- year to disburse the funds, the money sense of deterrence, their sense that stead of dismantling it, we should be was awarded in batches beginning only there is a linkage between the law and building on it. We should be dealing weeks after the passage of this law. behavior. So let us not destroy the momentum. with an issue my friend from Min- Most people in America have been Let us not destroy our effort to add nesota knows about: violence among able to come to the conclusion that youth and the growing trend of violent 100,000 additional cops to protect our when you are properly administering youthful behavior. The growing trend sons and daughters. I make a rec- the judicial system, when you have is that crime is down in every cat- ommendation with some timidity to adequate police officers, when you have egory. The Senator from Utah and I are my colleagues on both sides of the an adequate level of deterrence, there involved in a project through his lead- aisle. Go back home, find out every sin- really is a relationship to how people ership to deal with youth violence in gle cop that came to your State. You choose to behave. That is no different this country. We should be spending can get the names of the cops who were from what we try to do in our schools our time on that. I should be spending hired under the Biden crime law. You at the earliest stage. When the teacher less time having to constantly defend a can get the names. And then just ask is out of the classroom, kids tend to bill that nobody has made the argu- at the end of the year how many col- ment that it is not working. run amuck a little bit and take advan- lars each of these cops made. Ask how I yield the floor. tage of it. When the teacher comes many times the cop that was hired Mr. KERRY addressed the Chair. back in, usually to a greater degree or under that bill saved some young girl The PRESIDING OFFICER. The Sen- lesser degree, order is restored and peo- from being raped, arrested somebody ator from Massachusetts. ple begin to have a sense that there is who murdered somebody, broke up a Mr. KERRY. Mr. President, I want to an authority figure there, and they drug ring working on the street. Look thank the Senator from Delaware, who, know how to behave. The same is true at the specific actions they took and when he was chairman of the Judiciary at home. Depending on whether a baby- then, after you do that, you come back Committee, shepherded the single-most sitter is a strong, hard-nosed baby- and stand on the floor and you tell the comprehensive and important crime sitter, or lax, or present or not present, people of your State and all of us here bill probably in this century, or ever, at the refrigerator or the television that it did not matter, that these addi- through the U.S. Senate. It was the versus taking care of kids, kids will tional cops did not matter. We down first crime bill in history to com- make decisions about how to behave. It here talk in such broad strokes about prehensively try to deal with the prob- is no different in the rest of the world things that sometimes we miss it. This lem of crime in this country. in which we live. In a community, March 13, 1996 CONGRESSIONAL RECORD — SENATE S1939 when people perceive that there are not to be where we felt that we could go that lucky citizen’s presence that he any officers of the law, they write the anywhere, travel anywhere, go to a res- took the license plate of the car that law. They take their behavior and start taurant, not have fear of our car being got away, and they caught the person to do things that there is no outside in- stolen, not having to pay extra money who did it. fluence to suggest to them they should for insurance, not having to pay extra In Boston a few months ago, we had not do. It is so elementary that it al- money for trauma in our hospitals, not a guy who started to run amok out in most defies the imagination that we having to pay for the price of this in- the street at night. The cop came up to are here debating about it. credible wave of violence that has him, the guy pulled a gun and shot the The word ‘‘cop’’ stands for constable consumed our Nation. cop and started running down the on patrol. It is not rocket science. We What has happened at the same time street. He went around a corner, but learned years ago in America when we as we have had this wave of violence? there happened to be an off-duty cop were this great immigrant nation wel- We have diminished the number of po- working a detail who heard it on his coming people from everywhere that lice officers. In community after com- radio; he heard the call of what was one of the great ways in which we sort munity after community we have less happening, started looking around, saw of brought people together was through police officers on the streets of our the guy, ran after him, and the guy the establishment of a set of laws and country today than we did 15 and 20 went around the corner and blew his a standard of behavior which people years ago. own brains out before the cop got to followed as a whole. One of the critical So here you have these two lines. One him. ingredients of that was the cop, the line is the increase in crime. It is going Another example in the 99 Res- constable on patrol, the person walking up. The other line is the presence of po- taurant in Charlestown just a few down the street with a billy stick in a lice officers, and it is going down. months ago. Guys walked in the res- uniform of blue who stood for the What is the message? The message is taurant with guns in the middle of the standards of that community. very clear. If you are a criminal and day, in the middle of lunchtime and Mr. President, during the 1960’s and you know that the police cannot even started firing away at five people sit- 1970’s, we walked away from that. We respond to the current 911’s, if you ting in a booth. I think there were four took police officers off the streets, lit- know that if there is a burglary or an people killed. It might have been five. erally, putting them both into head- armed robbery, that their ability to I cannot remember—four anyway. Two quarters and into an automobile. We track it down is limited because they guys come running out with their guns. eliminated precinct after precinct after are already having difficulty filling out They are taking off in the light of day, precinct station in America. This was their own overtime because they are having committed murder, but two part of the great new policing and cost- already having difficulty going to cops happened to be in the place eat- saving consciousness of that particular court for the number of court appearing, off duty again—off duty—and two time period. What we did was kind of ances that they have to meet for the other guys were out there, again off modeled our policing habits after the crimes already investigated, and they duty, on a detail. The four of them general sort of living habits of Ameri- are having difficulty doing their pa- managed to make the arrest red-hand- cans. We all went for the automobile, trols on the level that they ought to be ed, right there in the parking lot. What happened? Cops off duty, cops and America moved its sense of com- doing them because, lo and behold, not part of the regular duty happened munity from the community into this there are not enough officers to cover to be there. What is the message out of transient status which we are in, fairly those patrols. What are you going to that? What is the message out of the well to do, where people live in apart- wind up sending as a message? The cop who happens to be there when ment buildings and do not even know message has been crime pays. That is somebody runs amok in the street? The each other. We have neighbors in these the message we have sent America— message is cops in the streets make a apartment buildings who are utter crime does pay. difference. You do not have to go to All you have to do is talk to any strangers. We have a whole new level of school to learn that a police officer hardened professional criminal out what we call stranger crime in Amer- walking down the street is an invita- there, and most of them will tell you ica; murders that are committed by tion not to commit a crime. Most peo- people who never met their victims. that you just learn in the undercurrent ple do not go out and rob a bank when In fact, we have learned in the past and the subculture of crime in this the cop is standing on the corner. Most few years in America—thanks finally country that that is their perception. people do not run up to an old lady and to our having required the Justice De- It is their perception because we have pull her purse away when there is a cop partment to report the truth of who never had a serious war on drugs in in the lot. kills whom—we have learned that the America. Why? Because we only treat That happened in Brockton, MA, just great story about most people commit- 20 percent of the addicts in this coun- last week. A 73-year-old woman was ting murder being people who knew try. So what is the message? The mes- murdered at random, in an act of each other is a myth. It is not true sage to 80 percent of the drug addicts of senseless violence, when a young guy that most murders in America are America is it does not make any dif- from a neighboring city, who was just committed in this passion between ference if you are lying in somebody’s caught a couple of days ago, came to lovers or family disputes. We now know doorway drugged out; it does not make that parking lot, grabs her purse and that in the last 10 years in America, any difference if you have committed beats her senselessly, and she is dead. I out of 200,000 or so murders, 100,000 of your 50th household break-in to sup- tell you, if he had seen a cop in that our fellow citizens were blown away by port your habit because there is no- lot, that would not have happened. somebody they never met, an utter body there to get you off your habit, Now, obviously, we cannot cover stranger. And we now know that, of and nobody to catch you for the crime every corner, we cannot cover every those people who were murdered, two- you are committing. parking lot, but you know what we can fifths of their murderers have never set Go to most cities and dial 911, and do? We can guarantee that this priority a foot across the threshold of a police see what happens. We have had tales of putting cops on our streets that we station—not for an inquiry, not for an that baffle the imagination here in committed to only a year ago is not arrest, and certainly not for a prosecu- Washington where three blocks away now taken away. For what? For what tion. from this Capitol people have dialed reason? Nobody has spoken here and That is why there is an increase of 911, and it took 20 minutes to half an said this is not working. The argu- fear in America; that is why there is an hour for a cop to show up. ments that were made a year ago were increase of anger in America; because My wife was involved in an at- that you are not even going to put 5,000 the average citizen feels this loss of tempted robbery in the city of Wash- cops out there. This is a joke. freedom in this country. There is a dra- ington a few months ago, stuck up by a Well, we have put 33,000 cops on the matic loss of freedom in the United man with a handgun, and a guy who streets of America in the last year and States of America—still the freest happened to be driving by in his car a half. We have added 265 cops alone to country on the face of the planet, but called 911, reported it, and nobody the city of Boston. The Federal Gov- not the same free country that it used showed up. And it was only thanks to ernment is now paying for a 25-percent S1940 CONGRESSIONAL RECORD — SENATE March 13, 1996 add-on of cops to the city of Chelsea, sheet of paper to the Justice Depart- a gang unit, and a mobile precinct for next to Boston, and we are taking back ment and he can get an answer within public events. Mr. President, that is communities. I was over there the days, and they have been doing that. the story. Over 60 new officers, 6 sub- other day listening to the police chief I do not know how you get more di- stations. and to the community activists tell me rect local control than that; a local po- Bill Bratton used to be the police what has happened to the drug dealers lice department goes to where the chief in Boston. I began working on and the crack houses since we put money is, says we need help and gets community policing with him in Bos- those cops on those streets. They are the money. Instead, we are going to go ton a number of years ago. As we know, gone. They are painting the houses three tiers. We are going to go to the he is now the police commissioner in today. People come out in the commu- Federal Government, to the State Gov- New York City, and he graced the nity. They care about the community. ernment, State Government through cover of Time magazine a couple of They come back into it, and they sud- the process down to the local govern- weeks ago because the crime rate in denly have new life, Mr. President. ment. It just is not part of the revolu- New York has gone down 20-some per- Why would we want to not continue tion of restoring local community con- cent and it has done it, most agree, be- that commitment? trol. It flies directly in the face of that, cause of the presence of police officers Now, I know some people will come and it is contrary to it. and the commitment to community po- to the floor and say: ‘‘Well, Senator, I do not think this is politics. I think licing. what we want to do is give the local this is really common sense. This is Mr. President, 15 years ago in Amer- community the power to choose and how we are going to restore our com- ica we had 3.5 police officers per vio- give these people the opportunity to munities. I think that 100,000 cops, as I lent crime. Today we have 4.6 violent have a big block grant, and they can said a year and a half ago, is a down- crimes per police officer. pick and choose what they want to do.’’ payment on what we need to do in So I hope my colleagues will again But that is totally contrary to the de- America today. I think we ought to add reach across the partisan divide and cision that we made based on the evi- 100,000 more cops to the 100,000 we have, agree that common sense and the expe- dence a year ago. There are commu- and I absolutely guarantee you that if rience we are seeing in our streets nities in America that need these cops. we do that, we will diminish the num- today dictate that we should not take When you make the cops competitive ber of Americans in jail; we will restore this pot of money and divert it from with a cruiser or floodlights for a jail whole communities; we will reduce the cops. or a drug court or another program, costs to our hospitals and all the trau- Am I saying that the other priorities you are diminishing the number of cops ma people suffer as a result of violent that they have included in the block that will be put on the street. That is crime, and we will honestly send a mes- grant are not important? The answer is the result. There is a fixed pot of sage in this country about law and no. They are important. I would like to money, and this block grant takes the order. see those funded too. That would truly fixed pot of money and makes cops I can take you to community after be part of a comprehensive effort to competitive with everything else that community. Lowell, MA. Let me read deal with crime. But the first priority, is in the block grant. The end result is to you what happened in Lowell in the beyond any of those other things, is to there will be fewer police officers on last year and a half. We were lucky in guarantee that our children can play in the streets of America. Lowell—not lucky. People made some parks without fear of harm; that our Why would we want to do that when good judgments. They hired a terrific seniors can come out of their homes the Conference of Mayors says, do not police chief named Ed Davis. He came and walk a street to go to the post of- do that; we want the cops. Why do it in 18 months ago, and he came in par- fice or the bank or the corner store; when the police chiefs across the coun- ticularly committed to community po- and that all of us in our communities try say, do not do that; we want police licing. I went to a street in Lowell can believe that the fundamentals of officers. Why do it when the police offi- called Bridge Street with the chief public safety are being attended to by cers’ unions and patrolmen themselves where prostitutes and druggies were putting police officers on the street. say, we need more cops to help us do taking over the street and senior citi- I will tell you, even with all the com- our job. The mayors are against it, the zens literally did not dare to come out puters in the world, all the other police chiefs are against it, the district of their homes because they feared things people are looking for, until attorneys and attorneys general are what was happening in the street. community after community of this against it, and we are going to go I walked into the corner pizza store country is sufficiently staffed by police ahead and do it. and the guy there who owns it told me, officers on patrol, we will not regain Now, why would we do it when it flies ‘‘Senator, you know, people don’t come our liberty and we will not restore the in the face of truly giving people local in here anymore. I am going to go out order that is so cared about by so many control? When small communities give of business unless we do something of our citizens. I think that is the first it to the Governors, that is not local about this.’’ So the police chief put order of priority and that is why I hope control. That is State control. When several police officers in a building this amendment will be adopted. you give it to the Governors in the for- right on that street, a new precinct, Several Senators addressed the mat of which it has been given, it is ac- new storefront. And literally the street Chair. tually more expensive administra- has been revived. The drug dealers left. The PRESIDING OFFICER (Mr. tively. We are currently administering The pimps and prostitutes are gone. THOMPSON). The Senator from Utah. this program for less than a 1-percent Seniors come out of their homes. Peo- Mr. WELLSTONE. Mr. President, I administrative cost. You put it in a ple take part in the community again ask the Senator to yield for a second? block grant with all of this competi- and the store owner is thriving. That Mr. HATCH. I will be happy to. tion at the State level and you drive has been replicated in other parts of Mr. WELLSTONE. Mr. President, I your administrative costs up to at the community. ask unanimous consent to follow the least 3 percent and maybe more. Let me just share with you what the Senator from Utah. Moreover, you enter politics into the Justice Department has reported about The PRESIDING OFFICER. Without situation. What is going to happen Lowell. In Lowell, MA, for the first objection, it is so ordered. when you have a Republican Governor time in 25 years, 365 days passed with- PRIVILEGE OF THE FLOOR and a Democratic district attorney out anyone being murdered. Mr. HATCH. Mr. President, I ask who may be thinking about running In a city plagued by heroin use and unanimous consent that Elizabeth against the Governor and he is going to street gangs, many say the city Kessler, Michael O’Neill, Steven submit a plan to the Governor for this changed over the last 18 months as a Schlesinger, John Gibbons, and James money? Do you think he is going to be result of an intensive community-based O’Gara, all detailees from my staff, be the first to get it? policing effort now supported by a Fed- granted the privilege of the floor for We took the politics out of this pro- eral COPS grant. The city’s effort has the remainder of this Congress. gram. A cop, as the Senator from Dela- provided 65 new officers, 6 neighbor- The PRESIDING OFFICER. Without ware said, can directly send a single hood substations with bicycle patrols, objection, it is so ordered. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1941 Mr. HATCH. Mr. President, I have was going to put 100,000 cops on the For instance, the District of Colum- been listening to this debate, and it is street with only $8.8 billion attributed bia, which I have been fighting for in an interesting one. But I rise in sup- to that particular approach. And that trying to make it safe again, does not port of the compromise language ad- is true today. even have computers that work. They dressing both the local law enforce- Yet, in every crime speech since that have dial phones, rotary dial phones. In ment block grants and the COPS provi- time the President has gotten up and some areas, they do not have police sion contained in this bill. said we are going to put 100,000 cops on cars, they do not even have the weap- This bill strikes a good balance be- the street. ons sometimes, in the greatest city in tween the Local Law Enforcement Now they have about 24,000. I think the world. We all ought to be ashamed Block Grants Act of 1995 and the COPS Senator KERRY indicated they had of that. Program. This combination will better maybe 33,000. That is a far cry from Let me just say, if the community support the local communities’ law en- 100,000, assuming that their figures are wants to hire these police with the forcement needs, and it provides funds, right. And they have hit the brick wall block grants, give them the right to do guaranteed funds that will be used to where they do not have the moneys to so. We can supplement community-ori- hire new police officers. That is the fully fund 100,000 cops. Now they want ented policing awards. However, if they way the bill is written. to call it seed money. find the resources can be more effec- This proposal—that is the bill, not Naturally, some of these commu- tively used, they have the flexibility to the amendment before our body—this nities who want to hire policemen here do it, which seems to me to be quite bill improves the notion of the current or there are going to have their hands important. COPS Program. To begin, this program out to grab whatever money they can. Why do we need flexibility? Take the moves us away from the Washington- But New York, by the way, which has metropolitan police department in knows-best philosophy. The proposal been used here as an illustration of Washington, DC. They have more po- returns responsibility and capability to how crime has come down—I would lice officers per capita than any other local law enforcement officials: The po- just like to note that New York City city in this country—more than any lice chief, the sheriffs, the district at- did not receive one cop under the Presi- other city. The last thing that the met- torneys. Further, this compromise pro- dent’s COPS Program, not to my ropolitan police department wants is gram allows just under 50 percent, 47 knowledge. If they have, I sure do not more police. What they need, in this percent of the funds to be distributed know about it. case, happens to be cars, equipment, directly to the communities to meet Nor did Washington, DC. Everybody bullets, if you will, and they cannot af- their individual community policing knows that I have raised a couple of ford them, because we are not block needs and law enforcement needs. This points about Washington, DC. It is drug granting the funds to them to be able program empowers communities to de- capital USA. It is murder capital USA. to do that. cide how to best spend these resources. You cannot walk down the streets and The metropolitan police department For example, if a community wants be safe, kids are shot in schools, you in Washington, DC, is cannibalizing po- to use block grant funds to hire more are shot in drive-by shootings. Of lice cruisers to keep going, and we are police to supplement community ori- course that is true in a number of our talking about playing this phony game ented policing, they may do so. They communities throughout this country. of 100,000 cops on the street, which I can use whatever funds come to them. But Washington did not ask for any have called a phony game since 1994. I However, if the resources can be used hiring money. I will tell you why, they am the first to say, in some areas, yes, more efficiently by the community, did not have the money needed to we need more police on the street, but, more effectively, by purchasing equip- make the match requirement. by gosh, they can do it if they want to. ment and doing other matters that are They can come back on the other If that is what their needs are, the critical to their law enforcement side and say let us give them the block grant will enable them to do needs, they may do that. I think any money. That is what they said they did that. If they do not need that, then reasonable person would say that back in 1994. The fact was the moneys they can do these other things like makes sense. Why thrust upon them a were not there, except for about 20,000 cars, equipment, bullets, if you will. Washington-knows-best philosophy, cops. And the 33,000 that they claim Officers in this town are buying their which is what my colleagues on the they have are only partially funded own bullets. They do not like doing other side want to do, and not give the under the COPS Program. They are not that, but to protect themselves they local communities the right to do this? fully funded. So neither New York City are doing that. Now that is pathetic. It I will tell you why they want to nor Washington, DC, to my knowledge, is time to bring flexibility to our law thrust it upon them. Because when we have participated in this COPS hiring enforcement assistance programs, and passed the crime bill back in 1994, there program. They could not afford to put that is what this bill does. was a moral commitment by this ad- these people on with this seed money When we get the flexibility into the ministration to put 100,000 police, or that it has suddenly become, rather bill, what do we face? People coming to cops, on the street. There was $8.8 bil- than the full money that was being the floor and making arguments for lion, as I recall, dedicated to that ef- promised to them. 100,000 cops, who promised us that the fort in that bill. What this administra- I said back then it would cost $8 bil- moneys were there before, or at least tion did not tell the American people is lion a year for each succeeding year to implied that the moneys were there, that $8.8 billion would not put 100,000 have 100,000 cops on the street, under when I said they were not and they cops on the street. They have been that formula that was in that bill. And have not been and they will not be, be- claiming credit for that ever since 1994, that is true today. The fact is, it has cause it is just too much money. knowing the funds are not there. been dissembling to indicate to the I personally resented every speech by There was a formula, pursuant to American people that they are putting some of our national leaders who get which they would pay 75 percent, then 100,000 cops on the street. Now they are up and say, ‘‘We are going to put 100,000 50 percent, then 25 percent, then 0 per- here, trying to, I think, ruin a block cops on the street,’’ knowing that the cent—ultimately where the commu- grant approach that really would be ef- moneys have not been there, knowing nities had to assume all of the costs of fective for our local communities, that that formula has not worked and those additional police. under the guise that they are going to knowing that it is a misrepresentation. I said that they were dissembling, put 100,000 cops on the street. Now it is I think it is time for Washington to that they were claiming to put 100,000 seed money. help first and then get the heck out of cops on the street when the moneys I have nothing against putting more the way. That is what is wrong around were not there to do it. Now it just police officers out there. I simply be- here. We are dictating where these shows I was 100 percent right. lieve that the cities should be able to funds should go rather than helping Now they are talking about, ‘‘Oh, we decide for themselves whether they and getting out of the way and letting just meant seed money.’’ Give me a want to have cops or whether they those law enforcement people who real- break. I said back then that it is un- want to upgrade technology for ly know what is best for their commu- truthful for anybody to claim that bill crimefighting purposes. nities do what needs to be done. S1942 CONGRESSIONAL RECORD — SENATE March 13, 1996 This proposal does that, it gives dous drain on the local community. This program moves us away from them that flexibility. This block grant But they are going to hire these police the Washington knows best philosophy. proposal helps poorer communities by anyway. Naturally, they are going to We do not let Washington dictate local allowing the hiring of police with less have their hands out if there is a free crimefighting strategies. Washington of a financial strain on the community. gift of money from the Federal Govern- simply does not know best. Washington This is accomplished by containing a ment, and that means people they does not know best how to solve local lower matching requirement than the hired anyway are going to get help problems, especially a problem like COPS Program. while other communities who need crime. The COPS Program dictates to a During the last floor debate on the money for cars, for equipment, for bul- community how much of their scarce Commerce, Justice, State and Judici- lets, if you will, or police uniforms can- funds they must allocate to combat ary appropriations, my friend and col- not get it and cannot do the policing crime. league, Senator BIDEN, stated that job that they should do. The COPS More Program promises to nothing in the bill requires that even This is even before the flexible por- supply overtime and supplies to the po- $1 be used to hire a single new police tion of the block grant money is ex- lice departments. However, in practice, officer. This compromise satisfies his pended. We have taken appropriate only big cities with large police forces concern, even though we set aside a measures to address concerns about can be eligible. This is because COPS considerable amount of money to hire guaranteeing police on the street and More grants require a showing of mov- police officers but we block grant the also in poorer communities to best de- ing a cop to the street to receive these rest in a way that makes sense. This termine how best to fight local crime. funds. Smaller communities who are compromise satisfies his concern by Why do we always have to go to the already maximizing their street cov- funding the COPS Program at the level Washington knows best mentality? erage have difficulty showing more of- the President endorsed in the continu- Why do we always have these argu- ficers can move to the street. Small ing resolution. ments out here about, ‘‘By gosh, we’re town forces do not have the extra man- For those of you who are concerned going to earmark and tell them what power to put another officer on the about the 100,000 additional police on to do with these funds?’’ What is wrong street, and rural communities need the street, this plan—that is, the one in with block granting the funds, as long cars to travel through their districts. the bill, not the one that has been of- as we have prohibited uses, which we The COPS Program determines the fered by my colleague—this plan places have expressly written in this bill? number of officers given to commu- your concerns at rest. Although the What is wrong with block granting the nities by the number already on the President’s plan does not fully fund money to them and letting those local force. It disregards the crime program. 100,000 cops, assuming that the law en- communities make their determina- Small crime-riddled communities forcement block grant earmark for the tions of what is best for them, rather should be able to receive help, not be COPS Program remains at the current than us telling them what they need? penalized because they are small. The 51 percent, more than $3.8 billion will Some communities do need more po- COPS Program does not take into ac- be available for cops awards over the lice. This block grant will help them. count crime when giving out grants. life of the program, assuming money is They will be able to make that flexible The grants are given to any locality there under the block grant approach. determination. Others do not, and they that can afford the matching fund Using the President’s math, the fis- will not be forced to because of an in- whether the officer is needed or not. cal year 1996 average grant award flexible approach that I think my col- The COPS Program does not base the amount is $45,856. The available funds leagues on the other side are asking number of officers awarded on crime will provide seed money for more po- for. but rather on the number currently on lice under the COPS earmark. In other One reason the local law enforcement the force. Cities who applied for four words, according to the President’s block grant of 1995 is superior to a officers because they had one of the math, it only costs about $45,856 to put cops-exclusive program is flexibility. highest crime rates in the Nation will a police officer on the street. We know We provided for flexibility in this bill be given 1 or 2 officers because the cur- it cost more than that. by allowing local communities to ex- rent force has 50 officers. To also make it clear, this bill pro- pend funds for all of the following law Look, we are not playing games here. vides especially a paragraph on prohib- enforcement purposes: We are trying to solve this problem. itive uses. It says: First, for hiring, training, and em- The block grant gives the local com- Notwithstanding any other provision of ploying additional law enforcement munities the flexibility to solve it in this act, a unit of local government may not personnel. So they can do it if they their best interests and their best ways expend any of the funds provided under this want to. If that is what they need to without Washington telling them what title to purchase, lease, rent or otherwise ac- do, they will have some funds out of to do. What is going on here is the de- quire (1) armored tanks (2) fixed-wing air- partment is paying 75 percent of the craft (3) limousines (4) real estate (5) yachts this block grant to do it with. (6) consultants or (7) vehicles not primarily Second, paying overtime to presently salary the first year, 50 percent the used for law enforcement, unless the Attor- employed law enforcement officers. second year, 25 percent the third year, ney General certifies that extraordinary and Third, procuring equipment and tech- and then the local agency has to carry exigent circumstances exist that make the nology directly related to basic law en- the full load. use of funds for such purposes essential to forcement functions. Based upon a salary of $65,000 to the maintenance of public safety and good Fourth, enhancing security measures $70,000 a year, for every $75,000 in Fed- order in such unit of local government. in and around schools. eral COPS grants awarded, the commu- There are protections in this bill. It Fifth, law enforcement crime preven- nity will need to spend $225,000 over the costs about $75,000—I have been cor- tion programs. 5-year life of the program to keep a cop rected—to fund a police officer on the Sixth, establishing or supporting on the street. That is one single cop. street, about $75,000 to fully fund one. drug courts. I want to submit for the RECORD a This so-called seed money will not Seventh, enhancing the adjudication statement by the city manager of fully fund 100,000 police on the street. process. Sunnyvale, CA, who turned down a There is no way that it can. So we have And, eighth, establishing COPS grant because they could not af- gone from fully funding to seed money multijurisdictional task forces, par- ford it. I ask unanimous consent that now under the guise that we are going ticularly in rural areas. that statement be printed in the to give the people 100,000 police on the Local law enforcement officials can RECORD at this point. street when, in fact, that just simply is decide how best to decide to spend the There being no objection, the mate- not true. money under the program. More police rial was ordered to be printed in the Add this to what was awarded in the does not always mean better policing. RECORD, as follows: prior years, if you spend that $3.8 bil- Oftentimes, necessary procurement is STATEMENT OF THOMAS F. LEWCOCK, CITY lion over the remaining program life, the best option for the community, by MANAGER, CITY OF SUNNYVALE, CA and with seed money, I suppose you far the best law enforcement option in Mr. Chairman and Members of the Com- could get to 100,000 cops with a tremen- some communities. mittee: March 13, 1996 CONGRESSIONAL RECORD — SENATE S1943 I am honored to have been requested to projections will of course suffer from the ernmental grant assistance policy which was submit a written statement to the Judiciary natural uncertainty of government finance adopted by the Sunnyvale City Council many Committee regarding the City of Sunnyvale, and all the related factors that affect gov- years ago. Attachment I excerpts the most California’s decision to not accept Crime ernment income and expense, it can and does relevant aspects of that policy. As can be Grant funds to add additional police officers provide a clear understanding of significant seen in the attachment, that policy in gen- to the Sunnyvale Department of Public Safe- expense and revenue trends that should be eral discourages the utilization of State or ty. taken into account in making any decision Federal grants to support ongoing City pro- BACKGROUND which has long-term consequences. A series grams. The underlying reason for that strategy is that when City services are increased My name is Thomas F. Lewcock. I am the of detailed financial policies have been as a result of a grant that may later be re- City Manager of the City of Sunnyvale, Cali- adopted by the Sunnyvale City Council in reduced or eliminated by the State or Federal fornia. I have served in that capacity for fif- spect to utilization of long-range financial governments, then it is in essence establish- teen-and-a-half years. I have served in execu- planning. One of the most important of those ing a new or expanded service which the tive capacities in city government for 26 policies is to require that in submittal of an- community will become accustomed to. If years, having received a bachelor’s degree in nual budgetary plans, that the budget must be balanced not only in the context of one then later the funding either declines or is political science from the University of Min- eliminated, very difficult decisions have to nesota, and a master’s degree in public ad- year but also in the context of the position of the City over the entire ten-year time be made in a constrained resource environ- ministration from that same institution. ment of either eliminating that program or The City of Sunnyvale operates under the frame. Even though an expenditure may be affordable in a one-year context, if it cannot some other. Therefore, this policy attempts Council/Manager form of government, with to assure a continuity of priority setting the City manager appointed on professional be supportable over the long term then it is not undertaken. This approach recognizes around the most important services this City merits for an indeterminant time by the City should be providing consistent with its fi- Council, serving fully at its pleasure. The that although on a one, two or three-year basis an expenditure may be affordable, if nancial constraints. This policy places that City Manager is the Chief Executive Officer. strategy into action by either requiring that The City of Sunnyvale is a residential/in- over the long term it pushes governmental the program be shown in the City’s Ten-Year dustrial community located in the geo- spending in deficit, then it is much better to Financial Plan only for the period of time graphic heart of the Silicon Valley. It has a deal with that issue initially than to that the entitlement has been granted or re- resident population of approximately 125,000, compound the financial problem created of quiring the City’s own tax resources to be with a private-sector job base of approxi- effectively spending for many years beyond dedicated in advance of accepting the grant mately 120,000. It is a demographically di- means and then eventually reaching the if it is believed that the program should converse community with a minority population point where far more significant budget and tinue. of approximately 35%. While the income and service reductions are necessary. A second critical component of the ap- For a program such as the Crime Bill educational levels of its citizens are above which would add police officers, it is clear average, the City has the full spectrum of in- proach of the City of Sunnyvale is to clearly specify in measurable terms each and every that if there is a need to increase the law en- come and education levels. While law enforcement presence that need will not dis- forcement issues do not have the same com- service which the City is to provide and to allocate funding to those specified service sipate simply because Federal funding is no plexity as those of an urban core, Sunnyvale longer available. Therefore, this is not the remains a relatively densely developed com- levels. The Patrol Services Division of the Department of Public Safety follows this ap- kind of service expansion for which the City munity in the California context with a full would knowingly accept grant money and range of law enforcement complexities. Ap- proach as do all other City departments and services. This approach is not focused on line then reduce the service by eliminating these proximately 50% of the resident population added police officers at the time the grant lives in multi-family dwellings. Given the so- item detail as to numbers of people, vehicles required, and the like, but rather on the spe- money was no longer present. Rather, this phistication of the City’s industrial base, kind of grant would be accepted only if a de- highly complex law enforcement issues are cific level and quality of services to be provided. It is here that the policy focus of the cision was made that the costs were support- presented. This brief overview of the commu- able over the long term and actually sched- nity is provided to members of the Commit- City Council is centered. For example, in the Patrol Services Division, service levels are uled in the City’s Ten-Year Financial Plan. tee in order to provide a framework for the In order to estimate the City’s ability to defined in terms of emergency response community’s law enforcement needs. In support the ongoing cost of officers, an anal- times, crime rates, crime clearance rates, many respects, the law enforcement require- ysis was conducted as to what the true cost citizen satisfaction, and the like. Each year, ments of this community are significantly to the City of Sunnyvale would be. Under the Council determines whether or not that closer to that of an urban core community terms of the Crime Bill, the City would have defined level of service is adequate and if than the typical American suburban commu- been eligible for a maximum of six police of- not, appropriate resource changes are made. nity. ficers with a maximum grant amount of Further, if change in demands occur in such The City of Sunnyvale over the last several $450,000. years has gained a national and inter- a way that additional resources are required In order to estimate the cost over the national reputation for its unique approach in order to meet those service standards, City’s ten-year financial planning horizon, to long-range strategic and financial plan- then the Council either appropriates the ad- the wages and benefit costs of a Sunnyvale ning, to results-oriented budgeting, and to ditional funds for that purpose or if insuffi- Public Safety Officer was first determined. its well-recognized approach of operating the cient funds are available makes a determina- As of 1995, that annual cost is $95,538. Al- City more as a business than a government. tion as to what level of service is affordable. though officers would not initially be hired It would be incorrect to assume that be- In the Osborne and Gabler book, at the top of their salary level as is reflected cause the Sunnyvale City Council declined ‘‘Reinventing Government,’’ the City of in this cost, the City always utilizes the Crime Bill funds that either Public Safety Sunnyvale was noted as the government practice of estimating top-step salaries in services are not a priority nor that the City ‘‘performance leader.’’ compensation since over the long term that is in the financial position to ignore a sizable The relevance of the City of Sunnyvale’s will ultimately be the actual cost of new em- sum of outside funds. Over the past five approach to policy setting and the provision ployees. In addition, there are ancillary years, the real dollar value of tax income to of public services is briefly reviewed in order costs placing a police officer on the street the City of Sunnyvale has declined by 15%. to gain a context as to why a decision was and properly equipping them, which adds an This has occurred as a result of the Califor- unanimously made by the Sunnyvale City additional $3,227 annually, for a total cost nia economy and severely restricted reve- Council to not accept Crime Grant funds. per officer of $98,765 annually. For the past fifteen years, the City has nues for all levels of California government. Attachment II reflects the present esti- structured its approach to policy setting and The City has had to make difficult decisions mated financial plan for tax-supported serv- financial management with two key themes. over this time frame to find ways to con- ices in the City. In order to project the full The first is that of long-range strategic plan- tinue to the maximum extent the level of financial effect of six new officers, Attach- ning coupled with a sophisticated ten-year services it provides. Most certainly, the ac- ment III was developed. Under Revenues, a financial plan. That financial plan estimates tion taken by the City Council is not a renew line item was added reflecting the all projected operating, capital, debt ex- flection on the lack of priority for Public $450,000 in new income. Under Expenditures, penses, as well as future revenues. This high- Safety services. Public Safety services, both the new cost to the City was projected over ly sophisticated approach to long-range fi- police and fire, are clearly the two highest ten years. Please note that the projected ex- nancial planning is used in a number of ways priority services in the City of Sunnyvale. In pense does go up annually consistent with which are beyond the purpose of this state- fact, these services receive 58% of the overall the City’s Inflation and cost-of-living projec- ment to describe in detail. Key to this state- tax-supported budget in this community. tions. While we do not pretend to have a ment, however, is its use in recognizing that THE CRIME BILL crystal ball as to how inflation will perform, the short-term financial position of any gov- When the Crime Bill was passed, the City we consider this an important aspect of ernment and for that matter any business is began the process of reviewing this new multi-year financial planning as it recog- not predicated on a year-to-year analysis, grant program in accordance with the gen- nizes the reality that costs do increase over but can only be fully understood in the con- eral policy and budget framework outlined time even when inflation is low. As can be text of multi-year projections. Though those above as well as against a specific intergov- seen in Attachment III, the total projected S1944 CONGRESSIONAL RECORD — SENATE March 13, 1996 expenditure over the City’s ten-year finan- return in investment, then the City would be around here in the District of Colum- cial planning horizon is $6.8 million. Also of better off paying 100% of the cost. bia. I believe we have in some respects note is the interest line under Revenues CONCLUSION some very decent people in that police which was appropriately adjusted to reflect Most cities do not use the performance- force, but they are not funded properly. the fact that this new expenditure would re- based policy setting and budget approach nor duce City reserves and therefore interest in- They are not treated properly. We have multi-year financial planning approach that crime in the streets here in the great- come. As a result, the total net cost to the has been long utilized in the City of Sunny- City is $8.853 million over ten years, which vale. The reality is, however, that the issues est city in the world. We are not doing reflects that this grant would support only and consequences are exactly the same for what we should do about it. Frankly, 5% of the total cost. While it is certainly the other cities as well. Perhaps the only dif- this type of an approach just takes case that the cost of law enforcement offi- ference in many other cities is that these away from getting the job done here as cers in the State of California is consider- consequences are not recognized in advance well as elsewhere throughout the coun- ably above national averages due to the very and will have to be dealt with when funding try. high cost of living in California, even with is depleted. It also underscores the impor- lower expenditure numbers, over a pro- I think it is time for us to wake up tance that local government and now the and realize that block granting makes tracted time frame a grant such as this Federal government has placed on mandate would reflect but a small percent of the over- relief. In a constrained resources environ- sense, that there have been some pret- all cost. As also reflected in Attachment III, ment, each time a new direction is provided ty sorry claims made with regard to necessary prescribed reserve levels in accord- by the Federal government by rule, regula- the 100,000 cops-on-the-street program. ance with City fiscal policies would not be tion, or law, the Federal government is es- No one opposes hiring new cops. The able to be maintained by the tenth year fall- sentially establishing priorities for local question is whether we here in Wash- ing some $2.75 million into deficit. government. Two years ago, a detailed study ington should dictate to the local com- The question of whether or not to accept was undertaken which reflected that fully munities what they should or should Crime Grant funds, however, was more than 23% of the City’s operating budget on an an- the financial analysis alone. As was stated nual basis was directed toward the meeting not do. My colleagues on the other side earlier, local government in California has of Federal and State mandates. If all in- apparently like that system. I do not. I been hard pressed for a number of years with volved in government leadership positions at do not think a majority of people in continual reduction in revenue availability the local, State, and Federal level concur Congress like that system. The under- while at the same time being faced with ex- that law enforcement is by far the highest lying bill represents a compromise. pensive new Federal and State mandates. As municipal priority and if in turn that is the Funding the COPS Program and fund- a result, two additional questions had to be major reason for the assistance the Federal ing for greater flexibility is that com- addressed. The first question was whether government is offering, then it is clear that given all City priorities the addition of six this high priority has been continually sub- promise. It seems to me that makes police officers was the most important. The verted by both the Federal and State govern- sense. second question was that if it was deter- ment, requiring that scarce resources be di- I know that the majority leader is mined that a greater law enforcement pres- rected to other purposes. Not all will agree going to move to table this amend- ence was needed and was the top priority in that City government is capable of establishment. I hope that a majority of the the community, whether the specific restric- ing the most important priority uses of local Members of this body will support that tions and strings that came along with this government funds. Most local government motion to table because we want com- grant would restrict the ability to use the officials, including this one, would argue, munities to have the flexibility to be funds in such a way as to meet the City’s however, that law enforcement is amongst able to do real law enforcement, not most pressing law enforcement require- the very highest priorities for local governments. As outlined earlier, Sunnyvale is a ment and to the degree it is not funded to just what Washington thinks ought to results-oriented organization, specifying in the level it should, the problem will not be be the approach for every community clear and measurable terms what it will ac- solved through carrot and stick techniques in this country. They will have the complish in quality and level of service in that in reality do not significantly enhance flexibility under this bill to be able to everything the City does. The City’s recogni- the financial ability of a City to continue do policing, if they want to, or partial tion as the ‘‘performance leader’’ has come those services over a protracted time frame. policing, or whatever they need for law as a result of articulating in clear terms Mr. HATCH. Mr. President, look, all enforcement that is in the best interest what we are to accomplish, but not prescrib- of us want more police on the streets. of their community. ing the way in which it is to be accom- All of us will support that. On the I apologize to my colleague for tak- plished. For example, one can assume that one of the most important purposes of the other hand, we have provided about ing so long. I yield the floor. Crime Bill is to reduce the incidence and fear half of this money to go for the COPS Mr. WELLSTONE addressed the of crime. Due to the prescriptive require- Program, about half the money this ad- Chair. ments of the bill, the bill presumes that if ministration represented were suffi- The PRESIDING OFFICER. The Sen- police officers are dedicated to this task con- cient to put 100,000 cops on the street, ator from Minnesota. sistent with the requirements of the bill, or at least they have been misrepre- Mr. WELLSTONE. Let me say to the then this objective will be best met. We have senting over the last number of years— Senator from Utah, first of all, that found in literally all service areas that pre- in the last year and a half, in my opin- there is no reason for apology. It is scriptive requirements as to how to meet an ion. very gracious of him. I do not always objective creates substantial limitations in What we also have is about 50 percent agree with some of the positions he the creative use of resources to assure that takes, and I do not agree with him on service objectives are met in the highest of these funds going in a block grant to quality and lowest cost fashion. In lay the communities so they can make this amendment, but I believe that if terms, what this basically means in the case their own determination as to what is you want to use the words ‘‘class act,’’ of the Crime Bill was that the City would best for their communities, how best to he is a class act. I have tremendous re- have to accept the fact that the Federal gov- do it. We provided prohibitions in here spect for him. ernment knew better than we do how to uti- so the community cannot just have ex- Mr. President, I am very proud to in- lize resources in order to accomplish a com- otic police approaches, that they have troduce this amendment with my col- parable goal. Rarely have we found that to to use funds for the very best law en- leagues, Senator BIDEN and Senator be the case. forcement needs, in the best interests KERRY from Massachusetts. In the case of the Crime Bill, it was not Our constituents, citizens in our even necessary to get to the point of judging of the community. To me, that makes whether or not this resource increase paid sense. country, all of us, we plan our lives 95% by the City was the highest priority area We help the COPS Program even sometimes around crime—where we of expanded City services. Rather, when it more than was represented we would eat, how we treat our children, where became clear that the Federal government do. We help the communities to have a we live, how we travel, where our kids would dictate how these officers would be flexibility to be able to do what is best go to school, how we answer the door, used by providing only 5% of the funds, a for their communities. If they do not how we answer the phone. The crime unanimous decision was made by the City need police personnel, they can then and violence in our country and in our Council that the incentive did not come use the money for other law enforce- communities takes away freedom, the close to justifying a change in City priorities. Further, and perhaps even more impor- ment needs that are very important for freedom of our loved ones, the freedom tant, it was believed that if the choice was the community. In the process, every- of our families, the freedom of our paying the additional 5% of the cost and body wins. neighbors. thereby allowing these resources to be mar- I think what we have to do one of Mr. HATCH. Would the Senator yield shalled in a way judged to result in the best these days, though, is face the music for a unanimous-consent request? March 13, 1996 CONGRESSIONAL RECORD — SENATE S1945 Mr. WELLSTONE. I would be pleased that the aggregate bilateral contributions ate. Minneapolis Police Chief Robert to. pledged by non-U.S. donors for economic re- Olson, talking about the community Mr. HATCH. We have a couple of construction are at least equivalent to the policing program, the COPS Program. amendments. U.S. bilateral contributions made under this They have 17 community police so far. Act and in the fiscal year 1995 and fiscal year They see 23 in jeopardy. They hope to AMENDMENT NOS. 3480 AND 3481, AS MODIFIED 1996 Foreign Operations, Export Financing Mr. HATCH. Mr. President, I send and Related Programs Appropriations bills.’’ have 40 altogether. In Police Chief Olson’s words the COPS Program has two amendments to the desk. I think Mr. HATCH. I thank my friend. they are 3480 and 3481. They are modi- been successful and has led to a ‘‘dra- AMENDMENT NO. 3483 fications. I believe they have been matic impact this year on the level of cleared on both sides of the aisle. Mr. WELLSTONE. Mr. President, I crime violence in the metro area.’’ A Mr. WELLSTONE. Mr. President, I do not really believe that there is any city where we have seen entirely too wonder whether I could find out as to debate in my State of Minnesota about much crime. They have seen fewer inci- what the amendments are. the need to have more law enforce- dents since instituting the COPS Pro- Mr. HATCH. Modifications—have ment, more police, in our neighbor- gram of drive-by shootings and esti- they been cleared? They are not hoods and in our communities. We mate that they have taken 50 percent cleared? Let me leave them at the desk must have more police out in the com- more guns off the streets. and see if we can get them cleared. munities. Mr. President, the police chief of Mr. WELLSTONE. Mr. President, I Mr. President, because of the vio- Minneapolis, Chief Olson, said to me, say to my colleague, there is no objec- lence, because it is so important that ‘‘This is not the feel-good program, tion. we reduce the violence in our homes, Senator. This is strict law enforce- Mr. HATCH. Mr. President, I ask reduce the violence in our schools, re- ment. We have been able to shut down unanimous consent that the modifica- duce the violence in our neighborhoods some of these crack houses. We have tions be approved. and in our communities, it is critically been able to target those neighbor- The PRESIDING OFFICER. Without important that, as legislators, we, as hoods most ravaged by this violence objection, the two amendments, as Senators, Democrats and Republicans and crime and have police out in the modified, are considered and agreed to. alike, act powerfully, forcefully and communities, out in the streets, work- So, the amendments (Nos. 3480 and immediately. That is what the crime ing with people, to reduce that vio- 3481), as modified, were agreed to as bill of 1994 was all about. lence.’’ Mr. President, we need to listen to follows: There is a brave initiative to this piece of legislation. This piece of legis- these law enforcement officers. The AMENDMENT NO. 3480 lation gave us an opportunity, I think, community police program is a huge On page 751, section entitled ‘‘Agency for especially through community polic- success in the State of Minnesota. I International Development, Assistance for have talked to sheriffs and police ing, to reclaim our cities and to re- Eastern Europe and the Baltics’’, insert at chiefs in the metro area, in greater claim our neighborhoods, to reclaim the appropriate place: Minnesota, whether it is suburbs, in ‘‘Except for funds made available for our schools, and to really reclaim our cities, or smaller communities. You demining activities, no funds may be pro- future. get the same response: ‘‘Senator, this vided under this heading in this Act until The community oriented policing program is working. Don’t kill the the President certifies to the Committees on service, COPS, was created by the COPS Program.’’ The League of Min- Appropriations that: Crime Act in 1994. So far, it has ex- ‘‘(1) The Federation of Bosnia and nesota Cities said this yesterday, ceeded its hiring goals. Funds have al- Herzegovina is in compliance with Article ‘‘Look, we need to make some commit- ready been authorized to add more III, Annex 1A of the Dayton Agreement; and ments as a Nation. One of those com- ‘‘(2) Intelligence cooperation on training, than 31,000 police officers, over a quar- mitments ought to be to community investigations, or related activities between ter of the final goal. I think my col- police. Do not talk about block grants Iranian officials and Bosnian officials has league from Delaware, Senator BIDEN, where the money may or may not go to been terminated.’’ had the figure higher than that—about this. You all made a commitment. You AMENDMENT NO. 3481 34,000, as I remember. have a contract with us. You have On page 751, section entitled ‘‘Agency for Mr. President, in my State of Min- made a commitment to the community International Development, Assistance for nesota we have already been able to policing program to make sure there Eastern Europe and the Baltics’’, insert at hire 435 new cops that have been put the appropriate place, the following: ‘‘Pro- are 100,000 police out in our neighbor- out in the neighborhoods and in our vided further, That funds appropriated by this hoods by the year 2000, to make sure in communities. Minnesota has received Act for economic reconstruction may only be my State we dramatically expand law over $24 million under this program. made available for projects, activities, or enforcement in the communities. Don’t This year, if our amendment passes, programs within the sector assigned to renege on that commitment.’’ American forces of the NATO Military Im- there would be 100 more law enforce- plementation Force (IFOR) and Sarajevo: I talked to Duluth Police Chief Scott ment women and men out in our com- Lyons. He said to me, ‘‘Senator, this is ‘‘Provided further, That Priority consider- munities, working with the citizens in ation shall be given to projects and activities a new philosophy. What we have been our communities, helping to reduce viable to do through this community po- designed in the IFOR ‘‘Task Force Eagle olence in our communities. civil military project list’’: ‘‘Provided further, lice program is establish more rapport That no funds made available under this Mr. President, Chief Leslie, the sher- than we ever had with the communities Act,or any other Act, may be obligated for iff of Moorhead, tells me that the in our city. Senator, what we have the purposes of rebuilding or repairing hous- COPS’ dollars have allowed him to in- been able to do’’—and I use the police ing in areas where refugees or displaced per- stitute a very effective community po- chief’s own words, ‘‘is empower citizens sons are refused the right of return by Fed- licing strategy and a citizens police to be able themselves to take action eration or local authorities due to ethnicity academy for residents. He says, ‘‘After or political party affiliation: ‘‘Provided fur- —not vigilante action—working with 30 years in law enforcement and 17 the police force to reduce violence in ther, That no funds may be made available years as police chief of Moorhead, the under this heading in this Act, or any other their communities.’’ The police chief Act, to any banking or financial institution COPS Program is the best thing I have went on to say, ‘‘Senator, we are no in Bosnia and Herzegovina unless such insti- ever seen.’’ ‘‘The best thing I have ever longer reactive. We are proactive. We tutions agrees in advance, and in writing, to seen,’’ says the chief of police of Moor- are taking steps to prevent crime in allow the United States General Accounting head. the first place, in the city of Duluth, in Office access for the purposes of audit of the St. Louis County Sheriff Gary Waller some of the neighborhoods most rav- use of U.S. assistance: ‘‘Provided further, is equally enthusiastic about the pro- aged by the crime.’’ Why in the world That effective ninety days after the date of gram. would we want to weaken a program enactment of this Act, none of the funds ap- Mr. President, I have spent time propriated under this heading may be made that the law enforcement community available for the purposes of economic recon- talking with the law enforcement com- so strongly supports, as do the citizens struction in Bosnia and Herzegovina unless munity in my State of Minnesota. in our States? It makes no sense. the President determines and certifies in What they say ought to be heard loud I talked to Stearns County Sheriff writing to the Committee on Appropriations and clear by all of us in the U.S. Sen- Jim Kostreba and he said, ‘‘Senator, S1946 CONGRESSIONAL RECORD — SENATE March 13, 1996 the COPS Program has enabled us to communities, whether it is the police, listening and not listening. But it work with school officials, to work whether it is the chiefs, the law en- seemed to me that I recall him saying with kids. It has helped us to fight forcement people who are in the com- that Senator DOLE was being accused against teenage drinking, against munities—they all say the same thing: of reneging. drugs, against substance abuse, against This community police program is im- Mr. WELLSTONE. If the Senator will teenage suicides.’’ He went on. I portant. We need more law enforce- yield, I did not mention the majority thought it was very interesting. He ment in our neighborhoods. We need to leader’s name at all. I do not do that. said to me, ‘‘Senator, at the beginning, reclaim our neighborhoods. We need to Mr. HATCH. I am glad to hear that through the community police pro- reclaim our cities. We need to reclaim because I thought there was some sort gram, when we had a presence in the our communities. We need to reduce of accusation that Senator DOLE had schools, some of these young people this level of violence. reneged on law enforcement needs. I were cynical. Some of these young peo- I was talking to the police chief in want to make it clear that not only did ple looked at our police officers as if Fergus Falls and he said, ‘‘Senator, the he not do that, he has been one of the they were the enemy. But not any reason the COPS Program is such a strongest pro-law enforcement people longer. Through the community police good program is because you do not in his long time in the U.S. Senate, and program, we have our law enforcement limit the grants just to the large rightly so, as is his colleague, the Sen- people, men and women, working with cities.’’ He said, ‘‘I want to tell you ator from Utah. We both have fought these kids.’’ that this is a wonderful community, very, very hard. I say to my colleagues, this program and it certainly is, but do not think for I agree that my colleague, Senator is a huge success. This is exactly what a moment we do not have problems BIDEN, on the other side, has been a we ought to be doing by way of prior- with violence and problems with tremendous leader in the war against ity. crime.’’ This COPS Program has been a crime. I have a lot of respect for him. I talked to Anoka Police Chief Andy I grieve when we disagree on some of Revering and he talked about what huge success. Same comment from the these things. Senator DOLE, in particu- Anoka has done. He said only 4 years sheriff. It does not matter whether you talk to sheriffs or police chiefs in the lar, opposed the 1994 crime bill because ago Anoka had the fifth-highest crime it was not a tough enough law enforce- rate in the metro area. The demand ex- big cities, Minneapolis-St. Paul, in ment bill. I was there, too, and I op- ceeded their resource. Because of the Minnesota, or Duluth, or you talk to posed it for that reason as well, al- COPS Program they have seen a dra- them in midsized cities like St. Cloud, though there was much we agreed with matic decline, according to the chief, or whether you are talking to law en- in that bill, and we were glad certain in crime. What they have been doing is forcement people in the small towns of parts of it were passed. I commend Sen- they have been using the COPS Pro- rural communities, they all say the ator BIDEN for his efforts on that bill gram law enforcement in conferencing. same thing. They all say the same because there is much in that bill that This is a program, for my colleagues’ thing: ‘‘Senators, cut a program if it is good, not the least of which is the information, whereby you bring to- does not work, but do not cut a pro- Biden-Hatch violence-against-women gether some of these kids would have gram that has been an astounding suc- provisions. Senator DOLE believes in committed some of these crimes, you cess.’’ We need to reduce the level of real law enforcement, not shallow bring their families into a meeting, and violence. We need to be bold and we promises. you conference them, along with the need to be dramatic. It is a huge mistake to block grant, to move away What I am saying here is, look, it victims so that these kids really know makes sense to give about half of this what it is they have done. By bringing from what has been the commitment that we have made. money to the communities as seed these kids together with their families money to try to help them get police and also bringing them together with We said, when we passed this crime bill, that we make a commitment to personnel. It does not make sense to the victims, what has happened, says say that this is the President’s com- Chief Revering, there has been very lit- 100,000 community police, that we would make a commitment to commu- mitment of 100,000 cops, because he tle repeat of crime by these kids. made that commitment on the last bill I say to my colleagues, what in the nity police all across my State of Min- that had $8.8 billion in it, and every- world are we doing by trying to have in nesota. That is what law enforcement body knew that would not provide for this continuing resolution essentially a people expected. That is what we are 100,000 police on the streets. Now they proposal which says, yeah, we keep the doing now, with great success. That is Government going but we want to cut what the people in our States expected. are coming and saying with seed by half the number of resources that go We need to live up to our commitment. money they can get their 100,000 cops. I to community policing? That is why this amendment is so im- have said they could not get the 100,000 Mr. President, I have said it many portant, and I hope it will pass. cops on the basis of what they had done times on the floor of the U.S. Senate: I yield the floor. up through the 1994 crime bill. That When three teenagers, regardless of Mr. HATCH. Mr. President, I have crime bill did not do that. It talked color of skin, beat up an 85-year-old been listening to the distinguished about it, but it did not, will not, can- woman and leave her for dead, we hold Senator, and I have to say that some of not, do it. The President has been them accountable for what they have the points he is making are good. Take going up and down the country talking done. We do not tell them we feel sorry them up with your Governor. We do not about his 100,000 cops on the streets for them. That is a strict law and order have to dictate from Washington what bill. The fact is that just simply is not approach. By the same token, you can law enforcement officials have to do in true. I think it is time for the Amer- talk to the kids—and Sheila and I the individual States and communities. ican people to understand that. spend time with kids who are at risk— If you do not like what the block grant Republicans, recognizing that it is you can go to the schools in some of moneys are used for in your State, important to have police on the street the tougher neighborhoods, you can then take it up with your Governor, be- and to have flexibility so you can do talk to the judge, you can talk to the cause I will tell you one thing, you get what needs to be done in the commu- sheriffs, you can talk to the police the money. If you need more police- nities, have said, in spite of the fact chiefs, you can talk to the youth work- men, you can get them with that block that the President has, in some reers if anybody wants to because they grant money. If your Governor is not spects, demagoged this issue all over are the ones that are dealing with this doing it, talk to him. I doubt—— the country, knowing the funds are not violence, and they will tell you we have Mr. WELLSTONE. Will the Senator there, acting like they are and helping to have opportunities for these kids. yield? the American people to believe they We have to have alternatives to the Mr. HATCH. For a question, sure. are there when they are not. We have gangs and make sure the kids are able Mr. WELLSTONE. I will wait for a decided to put half of the moneys into to do positive things in the commu- chance to respond. the cops on the street program regard- nities. Mr. HATCH. If I heard the Senator less, because we believe in that, too, to Mr. President, no matter who you correctly—and he is a friend and col- the degree that we should do it. That is talk to—whether it is people in the league—maybe I did not because I was the degree. But we also put about half March 13, 1996 CONGRESSIONAL RECORD — SENATE S1947 of the money into a block grant so prosecute activities unless it reached a principle was built around the idea those communities have the flexibility particular quantity. that there should be an allocation of to do whatever is in the best needs of This has been particularly true as it major responsibilities to levels of gov- their community. That makes sense. relates to drug-related offenses. Unless ernment, that we should try to avoid I do not understand the argument you were caught with several pounds of what had become a marble cake in against it—to just dictate from Wash- marijuana, or significant amounts of which virtually every level of govern- ington that you have cops on the cocaine, even though you were subject ment was involved in every decision of streets whether you want them or not, to Federal investigation and arrest and government. and if you do not want them or cannot prosecution, you, in fact, were not. So, President Reagan advocated, among use them, you do not get anything out therefore, it became the obligation of other things, Mr. President, an advo- of this bill. I would rather have these the local law enforcement agencies to cacy which has, I am afraid, been for- police people throughout the country spend their resources in doing what gotten in our current debate, that the get good things out of this bill that should have been a Federal obligation. Federal Government had a particular will help them to meet their law en- What makes this particularly vexing responsibility for those programs that forcement needs in their area than is that these prosecution standards are related to the income maintenance of have us wonderful people in the U.S. not evenly applied across the Nation. our citizens and that those programs Senate tell them what they have to So that one community in America re- that might cause a citizen to move have. Sure, some of these communities ceives a different level of Federal law from one State to the other seeking will have their hands out for anything, enforcement support than does an- higher benefit levels should be nation- and I cannot blame them. Any time other. I think those differences are in- alized because it was not in the inter- you can find money that is just a gift, tolerable and that one of the first steps est of the Nation to have people in- why not take it? in the Federal-State-local partnership duced to make those kind of reloca- What we want to do is have these ought to be that the Federal Govern- tions. He was particularly an advocate moneys go for the purposes they should ment would meet its responsibilities that Medicaid should be a national re- go for, the best possible, flexible re- and do so on an evenhanded basis sponsibility, both because of its tend- sponse to crime in this country. This across America. ency to induce people movement but bill does that. I think anybody who Second, I think the Federal Govern- also—and I think this was quite pro- says otherwise just does not under- ment has an important role to play in phetic of President Reagan—that we stand what is in the bill. assisting in the coordination of law en- were going to need to relook at the re- I yield the floor. forcement agencies. The Federal Gov- lationship between Medicaid and Medi- Mr. GRAHAM addressed the Chair. ernment has some natural characteris- care as they served the changing needs The PRESIDING OFFICER. The Sen- tics that lead it to be an important of our older population and that we ator from Florida is recognized. partner, if not the first among equals, would have a better opportunity to Mr. GRAHAM. Mr. President, the de- when there are efforts to bring several look at that interrelationship if both bate that we are having today focuses law enforcement agencies together. Medicare and Medicaid were national on the specific issue of community po- The examples that have been used in responsibilities. I believe that sugges- lice. I would like, at a later point, to areas of drug enforcement, where the tion which was made 15 years ago is discuss some of my opinions and obser- Federal Government has, through lead- even more true today. vations about this particular form of ership and through financial incentive, President Reagan also identified use of police personnel from a recent encouraged States and local commu- some activities that he felt the Federal experience in a specific community in nities to collaborate more effectively, Government ought to get out of and let my State of Florida. has served a very salutary function. But as a context of this, I would like A third area in which the Federal the States and local governments as- to raise the question of what is the ap- Government has a role to play is to en- sume a greater degree of responsibility. propriate Federal, State, local role in courage innovation and dissemination One of those was transportation. law enforcement? What should be the of best practices in law enforcement. Frankly, I hope that in the next few nature of the Federal Government’s So that if a particular community en- months as we look again at the Federal participation in our collective efforts gages in an activity which has dem- Government’s commitment to trans- to provide security to our homes, our onstrated its effort for efficacy, I think portation that we will relook at some neighborhoods, our States, and our Na- the Federal Government has a role in of the wisdom of Ronald Reagan in tion? Let me suggest just three items spreading that best practice as rapidly terms of his recommendation, if that that I think are important principles as possible to other communities which should be more of a State responsibil- for that relationship and for the Fed- can benefit by that. ity, particularly in this post-interstate eral role. Mr. President, left out of this list of era. First is that the Federal Government what I think are appropriate Federal But another topic in which President must fulfill its own specific and sin- roles is for the Federal Government to Reagan felt should be turned back to gular obligations. Mr. President, that become involved in a general, States with less Federal involvement sounds obvious. Of course, the Federal nondirect form of assistance to State was law enforcement. He felt that law Government ought to fulfill its obliga- and local law enforcement. I do not be- enforcement was a function which was tions. Unfortunately, there have been lieve that this is an appropriate role inherently State and local in its char- too many instances in which that has for the Federal Government, and that acter and should be looked to be car- not been the case and in which other is a ditch into which we have fallen be- ried out with limited Federal involve- levels of government, therefore, were fore and I fear are about to fall again. ment. He was well aware of the status forced to divert their resources to Law enforcement is a State and local of the Law Enforcement Assistance carry out what otherwise would have responsibility, and it should be the pri- Act, the program which had provided been a Federal responsibility. mary responsibility of the citizens at block grants to States and local com- Example: My State is replete with in- the State and local level to be charged munities, a program which lost focus, stances in which the Federal Govern- with the establishment of priorities lost accountability, and finally lost ment, through specific agencies, estab- and direction, and to provide the fi- public and political support and col- lished thresholds of a particular crimi- nancing for that level of law enforce- lapsed. nal activity which must be passed be- ment which that community feels to be I am afraid that we are looking more fore the Federal agencies would assume appropriate. to the failed experience of the Law En- responsibility. It was a Federal crime This is not by any means a novel sug- forcement Assistance Act program at a lower level of intensity. But for gestion. Fifteen years ago, the Presi- than we are to the appropriate role of various reasons, generally having to do dent of the United States of America the Federal Government in law en- with the resources or other set of prior- was Ronald Reagan. Ronald Reagan, in forcement as we consider this proposal ities available to Federal agencies, his first years in office, advocated a to reestablish a Federal Government those agencies would not investigate or principle called New Federalism. That block grant. I do not believe that a S1948 CONGRESSIONAL RECORD — SENATE March 13, 1996 general purpose block grant has an ap- as some of the things that had made Mr. President, community policing is propriate role in the Federal relation- him a believer in the concept of com- working in Port St. Lucie, FL. It is an ship with State and local governments munity policing the fact that he had a ideal example of the Federal Govern- for the purpose of law enforcement. strong community-neighborhood geo- ment using its targeted role in the Mr. President, I indicated that I graphic orientation, that under tradi- family of Federal-State-local govern- thought that one of the areas in which tional police patterns, officers were ro- ment law enforcement to encourage in- there was an appropriate Federal role tated generally on a 30-day basis from novation and the dissemination of best had to do with the issue of innovation one neighborhood to the other. This practices. It is not an inappropriate and encouraging best practice and dis- made it very difficult, if not impos- Federal Government intrusion into the semination of those best practices. In sible, for there to be a bond developed State and local responsibility for law the best tradition of that effort to between an individual police officer enforcement which I fear a return to stimulate best practice is what the and the citizens for whom that officer the LEAA block grant approach would Federal Government has done as it re- was responsible. lead us to. lates to community policing. Commu- Community policing was proactive. When we vote today, we are not just nity policing is a concept that in many It had reduced the need for emergency deciding the future of the community ways is as old as law enforcement in responses in his city because, through policing program and the opportunity this Nation, a concept which, for a va- community policing, they were dealing that it offers to accelerate this riety of reasons, waned in recent dec- with problems while they were still reinvention of a fundamental American ades, for which we have paid, I think, a manageable, not before they had be- idea of the police and the community heavy price in the loss of the benefits come emergencies. working together. We are also deciding There was a new access to public offi- of a closing relationship between law on the future of the Federal Govern- cials and to nonlaw enforcement ac- enforcement personnel and the commu- ment’s role in law enforcement. I be- tivities, as the community police offi- nities they serve. lieve in the philosophy of President I believe that this is an ideal example cer in many cases served an ombuds- Reagan that Government will best of the Federal Government using its man function, intermediary, assisting serve its people if there is a clear un- the citizens not only in meeting their specific target influence to encourage derstanding of what level of Govern- traditional law enforcement needs but innovation, in this case, the ment is responsible for what activity, also in areas like directing the citizens reinvention of a fundamental American and that law enforcement will best to the appropriate public works offi- idea of the close partnership between serve the needs of the people if it con- cials to fix up a problem with a street the police and the neighborhoods that tinues to be primarily a State and local or to a housing code enforcement offi- they serve. It works to reduce crime. responsibility, and that the insertion cer if there was an instance of failure Community policing works to create of a Federal block grant for indetermi- to maintain a home in adequate condi- bonds of trust between police officers nate purposes is an inappropriate con- tion. The community police served to and their neighborhoods and their citi- cept within that philosophy of new fed- mitigate community problems by deal- eralism and State and local respon- zens. Community policing works being with a squabble while it was still a cause it involves the entire community sibility for law enforcement. squabble before it had festered into a Mr. President, we have an idea which in the business of increasing public major controversy. safety. is working to make a positive impact Those were just some of the prelimi- on the security of our people. That idea Mr. President, let me share with you nary concepts of community policing an experience that I had on February is community policing. We should con- that caused Chief Reynolds to be such tinue with this idea, as we look for 10 of this year. For over 20 years I have a strong advocate. As I spent the day been taking different jobs every month, other innovations that the Federal working with the officers of the Port Government can encourage at the and on February 10, 1996, this program St. Lucie Police Department I experi- brought me to the headquarters of the State and local government level. But enced some of those concepts in re- we should become intrusive in terms of police department of Port St. Lucie, ality. FL. Port St. Lucie, FL is a town in the basic responsibility at home for the I worked with Officer Joe Diskin protection of our neighborhoods and Florida in the middle Atlantic coast through much of my day, and with Of- which has been undergoing an explo- our people. ficer Diskin we met community mem- Mr. President, I urge my colleagues sion of population. It is one of the fast- bers in senior centers. We talked to to support the amendment which is be- est growing cities in our rapidly grow- them about what was happening in fore us which will keep us on an appro- ing State. It is a community which has their neighborhood, and if there were priate path and avoid us slipping into developed a very diverse population. It any problems that we might deal with the ditch of an ill-considered, ill- is a population which is in many neigh- while they were still at a manageable formed Federal role. borhoods, in a very scattered housing stage. Part of my day was spent at the I urge you to do this. If he were here pattern; that is, there will be only a Darwin Square Plaza in downtown Port today, Mr. President, I suggest that few houses with several still yet to be St. Lucie. For years, citizens in that President Reagan would encourage us built upon lots in a particular block. In area had been concerned about harass- to support this amendment. many ways, it would appear as if Port ment and about loitering and about al- I thank the Chair. St. Lucie was not a good candidate for legations that the plaza was being used The PRESIDING OFFICER (Mr. the concept of community policing as for drug dealing. Recently, the Port St. ABRAHAM). The Senator from North Da- many people know it—the policemen Lucie Police Department, utilizing the kota is recognized. on the beat walking from home to personnel resources available through Mr. DORGAN. Mr. President, I rise to home and store to store. the community policing grant, estab- support the amendment and to urge my Port St. Lucie has received under the lished a substation in the Darwin colleagues to vote for it for a number crime bill of 1994 $525,000, which has al- Square Mall. Within a matter of weeks, of important reasons. I think the COPS lowed it to hire six new officers and a there had been a decline in citizen Program does represent a partnership supervisory sergeant for purposes of complaints. There had been a decline between the Federal and State and implementing its community policing in assaults, major and minor. There local governments. program. had been an increase in public con- This proposal by the majority party The first person I saw upon arriving fidence about using that commercial is another manifestation of the solu- at the city hall and at the police de- facility. tions they propose in a range of areas: partment of Port St. Lucie was the po- I spent a considerable amount of my package up some money, tie it in a lice chief, Chief Reynolds. I asked him time going from store to store, talking bow, block grant it, ship it someplace what had been his experience in the with the owners, with employees, with else and tell whoever you are shipping first 2 years of implementing commu- customers who frequent the mall. In it to: Go ahead and spend the money. nity policing in a city with the charac- every instance, I received acclaim for We raised it. You spend it. We will not teristics of Port St. Lucie, FL. He was what the community policing program watch. And somehow that will fix our extremely enthusiastic, and he listed had meant in the quality of their lives. country’s problems. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1949

Senator BIDEN and others, including spend it, and we will not watch you. It have been in a position to murder any- me, when we put the crime bill to- is kind of like passing an ice cube body. gether, said there are certain things we around. There is a piece of prose that I would like to encourage, and we pro- I guess my question is, if that is the thought was really well written, a col- vided resources with which to encour- notion, why would you want to run the umn in last Saturday’s Washington age them. One of those things was put- money through Washington? Why not Post, written by Colbert King. It is en- ting cops on the street to provide more simply say: let us cut Federal taxes, titled ‘‘The ‘Wrong Place, Wrong Time’ community policing. The program has and say to the local governments and Dodge.’’ The reason I was interested in been very successful. The proposal by the Governors: if you want this money it was because the columnist was writ- the majority party now would retreat for law enforcement, raise taxes back ing about a tragic murder that hap- on our efforts to provide more commu- home and spend the money back home. pened here in Washington, DC, that I nity policing and help provide the re- Why should we separate where we raise had also researched. It struck me as so sources with which to do that. We are the money from where we spend the strange and so unthinkable that this told now by the majority party: Let us money? This is the ultimate manifesta- type of tragedy could continue to hap- back away from that, and we will go tion here. We are going to block grant pen in our country. The columnist back to the old days. Just block grant everything around here. Why not say wrote about the murder of a young it and let somebody back home decide to the Governors: well, raise taxes and woman named Bettina Pruckmayr. exactly what their needs are because pay for these programs yourself. But Bettina was a 26-year-old young attor- they can decide that best. they say: no, let us run the money ney, and she lived here in Washington, I think in some cases that might be through Washington first so we can DC. She was just starting her career. correct. They can decide best what cycle it around here a while, and then On December 16—not so awfully long their needs are, and that is why they send it back and say: by the way, you ago—she was abducted in a carjacking, can decide whether they want to access spend it; we will not watch you, and it driven to an ATM machine in Washing- money for community policing. And if will not matter to us. ton, DC. She was stabbed 38 times. they do not want to access it, that is That is what this amendment is Colbert King, in his column in the fine. But if they do want to, then this about, in many ways. We put together Washington Post, graphically describes is a resource the Federal Government a community policing program that is what happened to poor Bettina provides in partnership with them. working and it is available to those Pruckmayr. She was stabbed in the We have already been through one it- communities who need it, with some back, three times in the neck, and in eration of a block grant in law enforce- matching funds. If they do not need it, dozens of other places. Some wounds ment, the LEAA Program which, I they do not apply for it. If they do not were so deep that her bones were bro- would say, was extraordinarily waste- want it, they do not get it. But if they ken. The person who allegedly mur- ful in many ways. Some of my col- need it and want it, then that money is dered Bettina Pruckmayr, a young leagues have already described how available. woman who was in a parking lot adja- some of that money was spent: $79,000 The fact is, all of the information cent to her home and was kidnaped and spent by one State—this is Federal demonstrates that this program has murdered, is a man named Leo money that was free to them—for a worked and has worked well. It has Gonzales Wright. Wright is now facing tank and machine guns. Another $27,000 provided more police on the streets, murder charges, but he should not have LEAA award was to study why inmates and everybody understands that one of been in the position, under any cir- would want to escape from prison. the ways to prevent crime is to put po- cumstance, to have murdered anybody. That, by the way, got Senator Prox- lice on the street. Far from deciding He is a fellow who had already mur- mire’s Golden Fleece Award. I have a that we do not care what the local gov- dered. He had raped. He committed rob- lot of friends in North Dakota who ernment’s decisions are going to be, I bery. He committed burglary. And he could tell us why inmates want to es- would like to move in the other direc- murdered. He was in prison and then cape from prison for a whole lot less tion and say to State and local govern- let out early because the Government than $27,000. They could study that for ments, we do care and we want to be said, ‘‘We do not have enough room so about $5 and come up with a quick an- involved in some of it. you go ahead and go out on the swer. I would like to ask my colleagues streets.’’ This person, allegedly, on the In 1970, LEAA provided money for a something on a slightly different issue. streets, murdered Bettina Pruckmayr. twin-engine Beechcraft airplane. They We have 3,400 people who have been He should not have been anywhere in a spent money for a six-passenger, twin- murdered in this country; 3,400 mur- position to murder anyone, but some- engine airplane for police work in ders committed by people who were in body let him out of prison. fighting against crime. It was free Fed- State prisons but who were let out In fact, not only did they let him out, eral money, just a block grant, so they early because it was too crowded. They but, when he was out, he was caught got $84,000. The problem is the flight got good time credit, they got what- and picked up for selling drugs. The pa- logs were checked, it was discovered ever you get to get out early, so they role board did not put him back in pris- that the plane was used mostly by the got out early and murdered 3,400 more on. As a result, Bettina Pruckmayr is Governor flying around with his family people. In those cases, in my judgment, dead. and staff and other non-law enforce- the governments were accessories to It is not just her. Mr. President, 3,400 ment personnel flying around going to murder. We knew these people were Americans were murdered in those cir- meetings, apparently fighting crime. violent because they had committed a cumstances. Let me describe one addi- But it was Federal money, so they were violent crime. We locked them up and tional victim, again murdered re- able to get an airplane to fly the Gov- then let them out early because we cently, and again in this area. ernor around. said, ‘‘Well, you were good in prison so It is the story of a young boy named One university got a $293,000 grant to we will let you out early.’’ Then they Jonathan Hall, a 13-year-old boy from decide whether to make—but not to ac- go out and murder again. Fairfax, VA. He was a young boy who tually create—a loose leaf encyclopedia Let me just talk about two cases had some difficulty in his background, on law enforcement. One city bought a briefly because I am going to introduce but a 13-year-old boy who, I am sure, police car with no markings on it with some legislation, which is slightly dif- wanted a good life and wanted to grow the money, the old LEAA money. That ferent than this amendment, next up, like all young boys do. He was car was used primarily by the mayor. week. I will support this amendment. found, instead, in an icy pond, stabbed Maybe it was not so much to fight This is the right approach. But let me 58 times, with dirt and grass between crime. just quickly describe two cases. When his fingers. Apparently, when he was We have had some experience with somebody says, ‘‘what business is it of left there for dead, he, in his last mo- having one level of government raise anybody’s, on a national basis, to deal ments, tried to pull himself out of this the money and give it to another level with these issues,’’ I say that it is a na- pond but did not make it. of government and say: by the way, we tional issue when you have 3,400 people Who murdered this young boy? raised the money, you go ahead and murdered by people who should not Again, it does not take Dick Tracy to S1950 CONGRESSIONAL RECORD — SENATE March 13, 1996 understand who does these things. A Senator BIDEN. You do not get good stemming from Washington and needs person who had been convicted of mur- time in Federal prisons, thanks to me to be addressed. I invite the Senator der previously, not once but twice—two and some others. You are sentenced to from North Dakota to join me in some separate murders—and a kidnaping. jail in the Federal system and you legislation on which we have had hear- This fellow was sent to prison, this spend your time in jail. You are not ings before the Judiciary Committee. A man named James Buck Murray, who going to be out murdering again before number of other States have been simi- allegedly killed this young boy. He was your sentence ends. larly affected. sent to prison for 20 years for slashing But, guess what? If you are a con- It turns out that Federal rules and the throat of a cab driver. Then, while victed murderer in this country, if you regulations under the CRIPA legisla- in prison, escaped while on work re- are convicted of committing a murder tion, as well as Federal court orders, lease and kidnapped a woman. Then, he somewhere, you are going to be sen- are actually forcing people out of pris- was convicted of murdering a fellow in- tenced to around 10 years in prison, but ons prematurely. In my State, we en- mate. But Murray was let out of prison you will not serve 10 years in prison. tered into a consent decree with the long before he completed the terms of You will serve 61⁄2 to 7 years. Why? Be- Department of Justice back in the his sentence. cause it was decided that murderers 1980’s with respect to conditions in This person should not have been in a should get out early. Michigan prisons. position to murder anybody under any (Mr. GREGG assumed the chair.) By 1992, we had an agreement with condition. He should have been in pris- Mr. DORGAN. I am sorry, murderers the Department of Justice that we had on. But instead, a 13-year-old boy is ought not get out early under any con- satisfied the problems that had caused dead. Jonathan Hall is dead, Bettina dition, and if we cannot protect the this consent decree to be entered into. Pruckmayr is dead, and 3,400 other peo- Jonathan Halls and Bettina The Federal judge who had jurisdic- ple are dead, because this system does Pruckmayrs, and other people who tion, nonetheless, even after the De- not work. were killed by murderers who should partment of Justice was willing to People say, ‘‘That is none of your not have been in a position to kill any- allow the consent decree to be re- business. That is not of national impor- body, then we should not be in the moved, maintained continuing jurisdic- tance. That is for State and local gov- business of law enforcement. tion and is forcing people out of our ernments.’’ Those people who let these I support this amendment. It makes State prisons prematurely. violent criminals out of jail to kill oth- eminent good sense, and I support For the city of Philadelphia, as we ers ought to be told by us this is a mat- many initiatives by Senator BIDEN and heard testimony in the Judiciary Com- ter of national importance. others on our side of the aisle who have mittee, this is a problem that literally Let me finish in a moment. I will be worked long and hard on this issue. has meant that people arrested for happy to yield for a unanimous consent There are good ideas from the other committing violent crimes, because of request to Senator GREGG. side as well, and I appreciate those. a cap that has been placed on the Mr. GREGG. I thank the Senator But it is not a good idea to step back, amount of people who can be allowed in from North Dakota for his courtesy. it is a good idea to step forward in ad- the prison system in Philadelphia, are Mr. President I ask unanimous con- dressing crime. Preserving the COPS not being incarcerated, are not being sent that at the hour of 5:45 today, Sen- Program is one step. held. The Senator from Delaware was ator DOLE be recognized to make a mo- I intend in the coming days to offer a at the same hearing. tion to table the Biden amendment No. second step, not on this bill but as a I hope we can get together on this. I 3483, and, further, that the time be- separate piece of legislation, dealing think that is a whole different set of is- tween now and 5:45 today be equally di- with the issue of those who have been sues, and I think it very important vided between Senator BIDEN and Sen- previously convicted of violent crimes, they not be merged into this debate. I ator HATCH or his designee. that they ought not get good time to want to make it clear, I think that is The PRESIDING OFFICER. Without go out and murder again, that they a whole separate topic, and I would objection, it is so ordered. ought not be put on our streets early. like to work together with the Sen- Mr. GREGG. I thank the Senator. Bettina Pruckmayr and Jonathan Hall ator. Mr. DORGAN. We have a national in- should not have been killed, and more Mr. DORGAN. Will the Senator yield terest in this country in addressing in the future will not be killed if we to me for a question for a moment? this crime issue. We had a national in- deal with this appropriately. You make a good point. I would be very terest when we put together something Mr. President, with that, I want to interested in talking with you about under Senator BIDEN’s leadership that thank the Senator from Delaware, for your proposal. I may very well consider talked about putting more police on whom I have great respect for his lead- supporting it. the streets in this country. We did it ership on this issue. I do hope the Sen- If the Federal Government is part of and it works and it makes a lot of ate will, when considering this issue, the problem, then let us solve that part sense. We ought not retreat from that. decide that what we did to put more of the problem that we can in Federal I also make the point, as I have just police on the streets in this country law. made previously about the murders made sense then and it makes sense I will say this. There are some committed in this country by people now. That is an approach and progress States—and I do not know what Michi- who should not be out of jail, that we from which we shall not retreat. gan does—there are some States that have a national interest in addressing Mr. President, I yield the floor. provide over 430 days a year of good that issue as well. Why are people who Several Senators addressed the time credit for every year a violent have been previously convicted of vio- Chair. prisoner serves. I am saying to the lent crimes being let out of prison The PRESIDING OFFICER. The Sen- States, ‘‘Look, if these people commit- early so they can murder again? We ator from Michigan. The time is con- ted multiple murders, I don’t want you need to ask these questions of State trolled by the Senator from Michigan giving them a year-off credit for every governments. We ought to ask them if and the Senator from Delaware. year they spend in jail.’’ Put them there is not some way we can work to- Mr. ABRAHAM. Mr. President, I there and keep them there. gether to decide, if prisons are so full yield myself such time as I may need, Mr. ABRAHAM. I do not want to that you cannot keep the kind of mur- but I plan to be relatively brief. I just take much time on our side. Part of derous characters in prison who now go want to comment and follow up on the reason these things are beginning out and murder again, to build more what the Senator from North Dakota, to happen is because in order to meet prisons, because we want to keep these Senator DORGAN, just said. various Federal court consent decrees, people in jail. One of the significant problems we as well as the other regulations that These people would not be let out of have—and I agree with him—is the have been imposed, it is forcing States Federal prisons, by the way—these are problem of people who are getting out to make decisions that I do not think not Federal prisoners—to murder 3,400 of prison at the State and local levels they would make if they did not find people, because you do not get an early before they should. The problem, themselves subject to it. I would be parole in the Federal system, thanks to though, I think, is in large measure very anxious to work on it. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1951 With that, I yield the floor. Funds are in the trust fund. We heard and police efforts to fight family vio- The PRESIDING OFFICER. The Sen- funds are just not there. The funds are lence and community policing efforts. ator from Delaware. in the trust fund. Let us recall the Re- The current CR would provide a total Mr. BIDEN. Mr. President, let me publicans cut $200 million from the of $975 million for COPS. Subtract the begin by thanking the Senator from $4.287 billion that is in the trust fund in $407 million, and that leaves $568 mil- North Dakota for his generous com- 1996 in their budget resolution. So if lion for the rest of the year, if the Hat- ments about my role in this legisla- they keep up their efforts, maybe they field amendment becomes law. But $522 tion. I must say, I knew of the Senator will be able to deplete the trust fund so million has already been requested when he was a Congressman, and I, there will not be any money in it. The through March 6. In other words, that quite frankly, have been impressed at money was there. They cut the trust leaves $50 million for all other applica- how dogged he has been in pursuing fund in the Republican budget resolutions that come in from now through tougher approaches to crime. tion. September 30. The Senator from Michigan spoke I also heard we have to end the Wash- There is not enough. There is not about frivolous lawsuits. He is correct, ington-knows-best philosophy. Well, enough. Just go back to your home this is worthy of a debate at another that is what the 100,000 cops is all States, ask them if they are going to time. I think his intention is positive. about. Local communities decide if stop applying. No. If the State of Okla- I think he may have the perverse effect they want to apply, local communities homa, if the State of Utah, if the other of bringing about the exact opposite re- define local policing strategy for them- States, they do not want to apply for sult he wants. selves and the Republicans call for a any more cops, God bless them. Won- Unfortunately, a lot of what he sug- separate prison grant of $100 million derful, do not apply. But if they do gested is in the bill before us. I kind of that does not let them decide the same apply and they qualify on the merits, find it fascinating. We had this debate. way that we allow them to decide, be- there is no money for them. We already We had a hearing in the Judiciary cause communities have to pick up the have something like—where is that Committee. We did not do much else. costs for each cop after 3 years. chart—7,766 new cops requested so far Starting at page 153 of the continuing ‘‘One hundred thousand cops is a lie,’’ this year—requested. Oklahoma wants resolution and continuing for, I do not one of my colleagues said. My response 94 new ones. know how many pages here, entitled is, neither 100,000 cops nor a block My colleague says, ‘‘Wow.’’ Well, go section 802, ‘‘Appropriate Remedies for grant is going to be or should be a per- tell the Oklahoma folks they do not Prison Conditions,’’ we essentially re- manent entitlement program, and we need them. I respect that. But the idea write the law. The fact of the matter do not want to federalize local police. there is enough for those who qualify is, nobody in this body even knows There is no difference. No difference, and are requesting simply is not true. what is in this bill. Senator HATCH’s except you get fewer cops and less We also heard Washington should not staff knows. Senator ABRAHAM’s staff money under the block grant approach. dictate local strategy. Well, my re- knows, Senator ABRAHAM knows, Sen- Now we also heard New York City did sponse is, we are not dictating local ator BIDEN knows. None of you, I will not receive one new cop. strategy. Nobody has to ask, and only bet you a million bucks, has any no- New York City got $54 million to re- big cities get COPS more dollars. That tion what is in this bill. Zero. I am deploy 2,175 cops through the COPS is also not true. You have got Amer- willing to bet you anything. More Program. So we gave them that ican Fork in Vermont, Carbon County, But it will not be the first time I money, the Federal Government. They Duchesne County, Kane, Layton, have or others have voted on things we put up the rest, and they were able to Logan, Ogden, UT, Salt Lake, South do not know is contained in omnibus redeploy from inside the precincts 2,175 Ogden—you know, the list goes on and bills like this. cops. on. I did not know they were big cities. Let me respond to the comments D.C. It was also said D.C. did not re- Based on a salary of $65,000 to $70,000, about my amendment to restore 100,000 ceive more cops. Response. D.C. got this will not fund 100,000 cops. The cops. A couple of my colleagues have $6,076,163 to redeploy 626 cops under the truth is, the average salary is $40,000. I stood up and said, ‘‘100,000 cops, just COPS More Program. reserve the 20 seconds I may have left not true, never going to happen.’’ Also, it was said, the city should de- and yield the floor. There are 33,000 cops already, just from cide between cops and computers. My The PRESIDING OFFICER (Mr. the time we passed the bill, after response is, the COPS More Program is ABRAHAM). Who yields time? spending $1.6 billion of the $8.8 billion. exactly that —$217 million in 1996 that Mr. LEVIN. Mr. President, the Vio- Then we heard, of course, 100,000 cops helped relocate and redeploy 13,000 cops lent Crime Control and Law Enforce- are never going to, nor should it, fund by not having to go back to the station ment Act of 1994, enacted by the last 100 percent of the local police now or in house. Congress, contained a $30 billion trust the future. That is true. No one ever Also, I heard block grants give you fund for State and local law enforce- said this was going to support 100 per- the right to use the dollars to hire new ment programs. That legislation made cent. cops. Well, my response is, it must be an important statement of our com- Guess what folks? The block grants guaranteed, not an option to hire new mitment to stand with our police offi- do not either. The block grants do not cops or they will not be hired. cers in the war against crime by pro- do it either, nor should they. It is not I also heard it said on the floor by viding dedicated funding to put 100,000 the Federal Government’s role to one of my respected colleagues, ‘‘I have new cops on the streets. promise in perpetuity to the local com- long said 100,000 cops is a phony idea.’’ From 1970 to 1990, we increased Fed- munities to fund forever. This does Well, in November 1993, a lot of people eral spending on lawyers by 200 percent fund 100,000 cops, and it does fund them did not think it was such a bad idea, and prison spending by 156 percent, but for 5 years or so. The cops and the including the Senator who thought it we increased Federal spending on po- States are going to have to pick up the was a phony idea. I will not go through lice officers by only 12 percent. The tab. Guess what? It funds 100 percent of it because I would hate everybody read- COPS Program would reverse that what we give them in the block grant, ing everything I said back to me in the trend, without adding to the deficit, but the block grant ends. I challenge RECORD. But, you know, it may be and without any new taxes, by cutting any of my Republican colleagues to thought of as a phony idea now, but it thousands of jobs out of the Federal stand up and promise that this bill con- was not in 1993 when we were doing it. bureaucracy. More police officers, tains in perpetuity a commitment to The other criticism I heard is the fewer bureaucrats. That is the commit- continue to pay out of the Federal pay- continuing resolution level for 100,000 ment enacted into law by the last Con- roll for any cop hired under this bill. cops, $975 million, is sufficient to get gress. This is not going to happen. It is not us there. Well, $975 million is not Mr. President, there is no more im- supposed to happen. It was not de- enough for this year, 1996. The CR pro- portant step that we can take to fight signed to happen. So it is, what we vided $407 million, and $276 million has crime and support our law enforcement used to call in law school, a red herring already been spent, and $130 million community than to increase the num- to suggest this fully funds the cops. will be spent on police technologies ber of cops on the streets. And that is S1952 CONGRESSIONAL RECORD — SENATE March 13, 1996 what the COPS Program has been Nationally, murder rates fell 12 percent streets. Under the Violent Crime Con- doing. That law has already funded in the first 6 months of 1995 and serious trol Act we passed in 1994, the COPS 25,000 new cops nationwide, including crimes of all kinds dropped 1 to 2 per- Program was created to provide our 825 in Michigan. cent. Law enforcement across the Unit- communities with the police they need Unfortunately, the bill before us ed States credit community policing to fight crime. today would undermine this milestone for contributing to these declines. Now COPS stands for community oriented achievement of the last Congress by is not the time to cut back on our ef- policing services. So far the COPS Pro- cutting in half the funding provided to forts to fight crime. gram has made possible over 790 new put new police officers on the street. And more importantly, to my con- police officers in my State of Mary- Instead of the $1.9 billion requested by stituents in Iowa, it is rural America land, and over 33,000 new officers na- the administration, and fully paid for that will pay the price if this amend- tionwide. out of the violent crime trust fund, ment is not adopted. The COPS Pro- Through the use of community polic- this bill would provide only $950 mil- gram made a special commitment to ing, the COPS Program puts into prac- lion to put police officers on the street. include small towns and rural areas. tice what police chiefs and other ex- This cut in funding would not help half of all COPS funding goes to agen- perts have been saying for years. They reduce the deficit, and it would not cies serving jurisdictions of under know that police officers fight crime help balance the budget. Congress 150,000 in population. Block grant fund- and prevent crime more effectively would still spend the same amount of ing favors larger populations so that when they are integral members of the money—we just would not spend it even small towns with high crime rates community they serve. They know the where it is needed, on new police offi- would lose out. In 1995, Iowa received fight against crime will be won only cers. Under the bill before us, the bulk over $14 million to hire over 200 offi- when the police work with citizens as of the funds would be taken from the cers. Over 70 percent of law enforce- full-fledged partners in the battle to COPS Program and put into a block ment officers surveyed in my State, take back our streets. grant, which could then be spent on supported the COPS Program. Mr. President, the COPS Program is anything from traffic lights to parking Perhaps the most puzzling aspect of working. Why would we want to change meters, without hiring a single new the proposal to slash funding for the a law that is working? cop. COPS Program is the loss of local con- If we start taking apart the crime That is unacceptable. Let me tell you trol. Proponents traditionally argue control package we passed in 1994 with what it would mean for my State of that block grants increase local con- bipartisan support, we leave to chance Michigan. We currently have applica- trol. The crime prevention block grant what we know is working now. Let us tions pending for more than 200 addi- proposed in the continuing resolution continue to make it a priority to get tional police officer slots around the does no such thing. This initiative re- more police out on the streets. State. We have applications for two places a highly successful program that By restoring the COPS Program, we new officers from the city of Alma, for responds to public desire for an in- are responding to a cry for help, a cry three new officers from the Ann Arbor creased police presence with a program for more police officers on the street. Police Department, for one new officer that merely gives money to State gov- We cannot ignore this cry for help from from the Barry County Sherriff’s De- ernments that may keep up to 15 per- all of those police departments who partment, for two new police officers cent before distributing the remainder need more police. from the city of Battle Creek—I could to local governments. This is a signifi- My constituents are calling for an in- go on and on. I ask unanimous consent cant departure from the COPS Pro- crease in the number of police officers that a partial list of pending applica- gram which funneled the funding di- in their communities. My constituents tions for additional police officers from rectly to the local law enforcement are calling for more crime prevention the State of Michigan be placed in the agencies. programs. The legislation to satisfy RECORD at this point. these calls has been passed, the pro- The point is, each of these commu- The block grant approach to crime grams are now established; why should nities needs the help. And if we pass prevention invites the abuse of funds this bill, we are not going to provide it. the COPS Program was created to we dismantle them? Mr. President, this bill, as reported They need the additional police officers eliminate, as well as doing away with by the Appropriations Committee, pro- to fight a very real war against crime, effective crime prevention programs vides no guarantees that even one new and if this bill passes in its current that worked hand in hand with commu- form, they are not going to get them. nity policing initiatives set up under police officer will be hired. The 1994 What is true of Michigan is true of the COPS Program. The block grant crime bill called for 100,000 new police other States as well. Every State in approach is an ineffective response to on the streets of America participating the country has dozens of pending ap- our Nation’s war against crime and a in community policing. plications for additional police officers sad departure from the successful ef- I urge my colleagues to consider this: under the COPS Program, and if we forts started under the 1994 Violent our failure to fulfill the promise of slash the funding for this program, as Crime Control Act. 100,000 new police officers means less proposed in this bill, they are not going Community policing works. It is a partnership between police and their to get what they need. If this bill is flexible program that is responsive to communities, less work with commu- passed in its present form, the funding law enforcement needs. More cops on nity residents to detect and supress for half of those applications will sim- the beat have an undeniable effect on crime, and a missed opportunity to ply disappear. crime and a community’s sense of secu- keep our streets safe for law-abiding Mr. President, I urge my colleagues rity. Nationwide, the COPS Program citizens. to support the amendment to restore serves 87 percent of America with 33,000 If we are going to take back our full funding for the COPS Program. officers. We should heed the advice of streets, we must empower our commu- Mr. HARKIN. Mr. President, I urge the folks that are on the frontlines in nities with the police they need. The my colleagues to support this amend- the fight against crime. I urge all my concept of community based policing is ment to restore funding to the Commu- colleagues to support this important police officers and citizens forging alli- nity Oriented Policing [COPS] Pro- amendment to restore funding to the ances to combat crime. I strongly op- gram. Law enforcement officials from COPS Program. pose any efforts to cut community ori- all across the country have told us loud Ms. MIKULSKI. Mr. President, I ented policing programs. and clear, that the COPS Program is strongly support the Biden amendment I urge my colleagues to join me in one of the 1994 Crime Act’s most effec- and am proud to be a cosponsor of this supporting the Biden amendment. Pas- tive programs. To those who want to important amendment. The amend- sage of this amendment will allow our slash the COPS program by 50 percent ment would restore $1,788,000 to the citizens and their partners in law en- in favor of a block grant, I have this to COPS Program. forcement to continue to combat crime say: ‘‘If it ain’t broke, don’t fix it.’’ This funding will allow us to keep together by delivering more new police Consider this: Serious crime is re- our promise to the American people to officers to the frontline. treating all across the United States. put 100,000 new police officers on our Thank you Mr. President. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1953 Mr. NICKLES addressed the Chair. ton, DC, that is the best way to combat COPS Programs. We are not doing The PRESIDING OFFICER. The Sen- crime. Maybe some of the communities away with the COPS Program. If the ator from Oklahoma. have a particular interest in juvenile city wanted to spend more for that, Mr. NICKLES. How much time do we crime and might think that a better they would have that option. If they have remaining on our side? approach would be an effort to educate wanted to spend more for technology, The PRESIDING OFFICER. The Sen- juveniles, or maybe they have a prob- if they wanted to spend more for juve- ator has, on his side, 9 minutes, 8 sec- lem with drugs and juveniles, or maybe nile crime prevention, more for crack- onds. there are problems in other areas. ing down on drugs or surveillance or all Mr. NICKLES. I yield myself—I see Maybe more police are the answer; kinds of different things, they would the Senator from Utah. Please notify maybe they are not. But we are coming have that option, instead of the Fed- me in 5 minutes. up with this amendment that says we eral Government dictating, ‘‘We think The PRESIDING OFFICER. After 5 are going to take all the money avail- you should put it all into the COPS minutes? able that is not earmarked and we are Program. We know how best to spend Mr. NICKLES. In 5 minutes. going to take the balance of it for the this money. We know you should put it I rise in opposition to this amend- so-called COPS Program. I think it is a exactly in this program.’’ I think that ment. I am kind of amused and kind of serious mistake. I do not think it is a is a mistake. I urge my colleagues to interested in it as well. This is an Federal Government prerogative to vote ‘‘no’’ on the underlying amend- amendment that says we want to take hire policemen in my hometown. ment. whatever money we have available and Does my hometown of Ponca City, Mr. HATCH. Mr. President, I think it we want to mandate that it has to be OK, need more police? Maybe they do. is a great idea to have cops on the spent in the COPS Program. But I think that is the responsibility of street. Our bill will do that. I think it Obviously, it is a popular program, as the people of Ponca City, OK. Maybe is an equally great idea to make sure illustrated by the Senator from Dela- they have to raise the sales tax to pay that we block grant some of the funds so the police departments can use them ware, because a lot of people have ap- for it, or maybe they have to find some for whatever they need to use them for. plied for it. Why would they apply for other method of paying for local police, it? Well, it is Uncle Sam saying, ‘‘We Using the New York illustration, but I do not think it should be coming there was not one additional policeman will pay for 75 percent of the cost for to Washington, DC, on bended knee and new policemen in your community for put on the streets by the moneys sent saying, ‘‘Please give me this money so to New York. They used the moneys to the first year, the second year 50 per- we can hire another policemen. Oops, cent, and the third year, 25 percent, deploy police people who were already in 3 years, we have a big liability.’’ there or to replace police people who and the fourth year you are on your Uncle Sam starts out pretty generous they were already capable of paying own.’’ paying at 75 percent. That is pretty But a lot of communities, if they see for. The fact is, there is nothing in this nice. But on the fourth year, they are approach of the 100,000 cops on the Uncle Sam waving some dollar signs on their own. And a lot of cities are around, they say, ‘‘Yes, we want to street that means they have to be addi- saying, boy, that is a nice inducement tional police people in addition to grab a hold of it.’’ Maybe it is the best for the first year or two, but after the way to spend resources in fighting those that were on the current police third or fourth it is a real problem. forces and were capable of being paid crime, maybe it is not. Maybe we will just do this for a year or I will mention to my colleague there for by the local communities. two and then let people go, or maybe Be that as it may, I agree with the are not just big cities that qualify for have some attrition and not replace noble goal of having more police on the this program. We had one community them in the third or the fourth year. streets. I think every Republican does. in Oklahoma, Moffett, OK, that applied My point being that this is not a Fed- The problem is, why can our friends on for money, was eligible to receive the eral responsibility. the other side not see the value of al- money. Just a couple comments. It is a I do not want to federalize police, and lowing some flexibility so that the peo- fairly small town. Unfortunately, they 100,000 police officers is not a drop in ple who really have to solve these prob- do not have a police force, but yet they the bucket if you look at the national lems in the local communities have qualified. I do not remember exactly scheme. I do not doubt that my col- some flexibility to do so? The real the amount. But it was, I think, about leagues who support this program can question is whether we provide funds $180,000. But they did not have a police find somebody that was hired in this for cops and cops alone, or whether we force. program and they did a good job and permit the funds to be used to meet the As a matter of fact, this little town they saved somebody’s life or they needs of the local communities and the had volunteer fire and police, but they stopped crime or something, and I am local law enforcement agencies. did not have an organized police force. grateful for that. But I just question It seems to me that makes sense. It Yet, they received this money. They the right level of Government. makes every bit of sense that anybody, did not know what to do with it. To It is like this issue we had over speed it seems to me, who thinks seriously make the story short, when they real- limits. A lot of us decided that the about it would agree. If we are going to ized they would have to do the match- States should set speed limits instead provide Federal money to local law en- ing, that was a serious problem for this of Washington, DC. Likewise, I would forcement agencies, then we should little town, even if they had to match think community policing is a good permit those agencies to use the funds 25 percent the first year, 50 percent the idea. If communities want to do it, let as they see fit. We have adequate pro- second. them do it. Let them do it with their tections in the bill so they cannot use The end of the story is they went own money, not with Federal bribery it for certain exotic reasons that some through a lot of city managers in a pe- or enhancements to pull or encourage have criticized in the past. riod of about a year or so and finally the States to do it, and then find that Now, some of those who have criti- decided they did not need this grant, they have such enormous liability. cized LEAA today are the people who they could not afford it. Also kind of Local policing is a local matter. That supported it the strongest. These are humorous, but of interest, they said, is something that should be under the the kind of things that bother me, just ‘‘We can do a lot more if we just had a jurisdiction and control and financing a little bit. Unfortunately, this belittle more leeway in what to do with of individual towns and cities, counties comes a political exercise rather than this money. We need some help.’’ They and States, not the Federal Govern- what is best for the local communities. made that comment. ‘‘And we could ment. It becomes an exercise of Washington use it for’’—frankly, I do not think Mr. President, that is the reason why telling the local communities what they had a police car. I could go on and I stand in opposition to this amend- they should and should not do. We on. ment. The way we had the bill drafted, know more, I guess, inside the beltway But this bill says that the money we had earmarked $975 million for than the people out there who have to that we are going to give, we are going COPS. That is half of that money. The face the problems in their respective to mandate that it go to the COPS Pro- cities would have latitude to spend a communities. We all know that is gram because we decided in Washing- significant amount of money for the bunk. S1954 CONGRESSIONAL RECORD — SENATE March 13, 1996 As a matter of fact, I think it is the Grams Lott Simpson penditures for the FCC. It has no budg- Grassley Lugar Smith most surreal and unreal place on Earth Gregg Mack Snowe etary impact. It has been cleared on sometimes right here within the belt- Hatch McCain Specter both sides. way. These folks who face those crimi- Hatfield McConnell Stevens I urge adoption of this amendment. nal problems day in and day out in the Helms Murkowski Thomas The PRESIDING OFFICER. The Hutchison Nickles Thompson question is on agreeing to the amend- local communities know a lot more Inhofe Pressler Thurmond what they should use their funds for. Kassebaum Roth Warner ment. We should not be dictating it. We pro- Kempthorne Santorum The amendment (No. 3489) was agreed vide half the moneys for cops on the Kyl Shelby to. street; we provide about half the NAYS—48 Mr. GREGG. Madam President, I yield to the Senator from Utah for pur- money for block grants so they can use Akaka Feinstein Levin them to solve their own individual law Baucus Ford Lieberman poses of a colloquy. The PRESIDING OFFICER. The Sen- enforcement needs, which makes sense. Biden Glenn Mikulski Bingaman Graham Moseley-Braun ator from Utah. Why should we dictate that every dime Boxer Harkin Moynihan CARRIER COMPLIANCE has to go for the COPS Program? I Bradley Heflin Murray Mr. HATCH. I am prepared to offer agree with the COPS Program to the Breaux Hollings Nunn Bryan Inouye Pell an amendment to establish a fund in extent that we have granted it here in Bumpers Jeffords Pryor the U.S. Treasury to serve as a funding this bill, but we also have provided Byrd Johnston Reid source for carrier compliance under the flexibility in this bill that makes a lot Conrad Kennedy Robb Communications for Law Enforcement of sense, it seems to me. Daschle Kerrey Rockefeller Dodd Kerry Sarbanes Assistance Act. Again, the real question is whether Dorgan Kohl Simon I understand the concern that is we provide funds for COPS and COPS Exon Lautenberg Wellstone Feingold Leahy Wyden shared by some members of the Appro- alone or whether we give the local priations Committee is that creating communities some ability to do the So the motion to lay on the table the this fund implies a subsequent obliga- things they think need to be done. The amendment (No. 3483) was agreed to. tion to provide funding for carrier com- question is whether we fund the COPS Mr. BIDEN addressed the Chair. pliance. I also understand that this Program only and tell the communities The PRESIDING OFFICER (Ms. concern is highlighted by fears on the like Washington, DC, ‘‘Sorry, we have SNOWE). The Senator from Delaware. part of some that carrier compliance no money for you,’’ or to permit com- Mr. BIDEN. I would like to thank my may cost more than authorized munities to use money for other pur- colleagues who supported this effort amounts. poses. and say to my good friend, the major- Mr. GRAMM. Madam President, the The PRESIDING OFFICER. The Sen- ity leader, that I liked it better when Senator cannot be heard. ator from Delaware has 14 seconds. he was on the campaign trail. We had The PRESIDING OFFICER. Senators Mr. BIDEN. Mr. President, I will do won until he went back down in the will please take their conversations off something no one will believe—I yield well. This is a singular victory for the the floor. back my time. leadership. I compliment him, but I am Mr. HATCH. Madam President, I Mr. CRAIG. Mr. President, I suggest just so sorry that he has now locked up would note that carrier compliance the absence of a quorum. the nomination and will not be out in under the Communications for Law En- The PRESIDING OFFICER. The the field more because it looked like I forcement Assistance Act, which we clerk will call the roll. The assistant was winning there until three votes call CLEAA, does not obligate Congress legislative clerk proceeded to call the changed at the end. But I wish to con- to appropriate any funds in excess of roll. gratulate the opposition and tell the the amounts authorized. Mr. DOLE. Mr. President, I ask unan- cities they are not going to get their I emphasize that we are losing imous consent that the order for the cops. I yield the floor. ground in a important area. We passed quorum call be rescinded. Mr. GREGG addressed the Chair. a bill last Congress that satisfied the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- various interests and constituencies in- objection, it is so ordered. ator from New Hampshire. volved in this important issue. Now we Mr. GREGG. Madam President, I need to move forward with funding. Mr. DOLE. I join with the distin- move to reconsider the vote. In my view, the creation of this fund guished Senator from Utah, Senator The PRESIDING OFFICER. Without will not obligate my colleagues on the HATCH, and the Senator from New objection, it is so ordered. Appropriations Committee to appro- Hampshire, Senator GREGG, and move priate funds beyond what the Congress to table Biden amendment No. 3483. AMENDMENT NO. 3489 TO AMENDMENT NO. 3466 has already promised for this worthy I ask for the yeas and nays. Mr. GREGG. I send an amendment to the desk and ask for its immediate con- purpose. Specifically, I am prepared to The PRESIDING OFFICER. Is there a ask for a commitment between now sufficient second? sideration. The PRESIDING OFFICER. Without and the time we take up the fiscal year There is sufficient second. 1997 Commerce, Justice, State appro- The yeas and nays were ordered. objection, the pending amendment is laid aside. priations bill that we will try to work The PRESIDING OFFICER. The The clerk will report. this out. I hope that our staffs will es- question is on agreeing to the motion The legislative clerk read as follows: tablish a series of meetings, the pur- to table. pose of which would be to reach a reso- The yeas and nays have been ordered. The Senator from New Hampshire [Mr. GREGG], for Mr. GORTON, proposes an amend- lution of this matter by fiscal year The clerk will call the roll. ment numbered 3489 to amendment No. 3466. 1997. The assistant legislative clerk called Mr. GREGG. Madam President, I ask It is important; with digital coming the roll. unanimous consent that reading of the into being, we have got to be able to The PRESIDING OFFICER (Mr. amendment be dispensed with. handle this aspect of law enforcement. GREGG). Are there any other Senators The PRESIDING OFFICER. Without And it is just going to have to be some- in the Chamber desiring to vote? objection, it is so ordered. thing we meet. The result was announced—yeas 52, The amendment is as follows: Mr. GREGG. Madam President, I nays 48, as follows: wish to acknowledge and congratulate Amend page 113, line 11 by striking the pe- [Rollcall Vote No. 31 Leg.] riod at the end of the sentence and adding ‘‘: the Senator from Utah, the chairman YEAS—52 Provided further, That the FCC shall pay the of the Judiciary Committee, for point- Abraham Chafee DeWine travel-related expenses of the Federal-State ing out this concern and this issue, Ashcroft Coats Dole Joint Board on Universal Service for those which is a very legitimate concern. I Bennett Cochran Domenici activities described in the Telecommuni- believe that with our staffs working to- Bond Cohen Faircloth cations Act of 1996 (47 U.S.C. 254(a)(1)).’’ gether, we can work out the concerns Brown Coverdell Frist Burns Craig Gorton Mr. GREGG. Madam President, this the Appropriations Committee has rel- Campbell D’Amato Gramm is a Gorton amendment allowing ex- ative to how we manage the funding of March 13, 1996 CONGRESSIONAL RECORD — SENATE S1955 this issue, and I look forward to having At the end of title II of the committee sub- happens when the Government has the such an agreement worked out and will stitute, add the following: emergency and explain the difference. direct our staffs to work together. SEC. . (a) Notwithstanding any other pro- Families have emergencies. Let me vision of this title, none of the amounts pro- I yield the floor. vided in this title is designated by Congress just offer an example. Johnny falls Mr. GRAMM addressed the Chair. as an emergency requirement pursuant to down the steps and breaks his arm. He The PRESIDING OFFICER. The Sen- section 251(b)(2)(D)(i) of the Balanced Budget is taken to the hospital and it costs ator from Texas. and Emergency Deficit Control Act of 1985. $700 to set Johnny’s arm with the at- Mr. FORD. Madam President, will (b) Each amount provided in a nonexempt tendant medical expenditures. The the Senator from Utah yield for a ques- discretionary spending nondefense account family has had an emergency. tion? for fiscal year 1996 is reduced by the uniform If this family were the Federal Gov- The PRESIDING OFFICER. The percentage necessary to offset non-defense ernment, the Brown family would say, discretionary amounts provided in this title. Chair recognized the Senator from ‘‘Well, look, we have already planned The reductions required by this subsection that we are going on vacation this Texas. shall be implemented generally in accord- Mr. FORD. I am sorry. I apologize. ance with section 251 of the Balanced Budget summer. We have already planned that Mr. GRAMM. I would be willing to and Emergency Deficit Control Act of 1985. we are buying a new refrigerator. We yield to my colleague. Mr. GRAMM. Madam President, this have already set our monthly budget. Mr. FORD. What are Senators trying is a very simple amendment. This This is an emergency, we cannot pay for it, so we are just going to add it on to work out? The money you are going amendment tries to eliminate the need to our spending.’’ That is what we are to give is grandiose, but I never for an emergency designation in this doing here. But that is not what the heard—— bill. We are adding $1.2 billion to the Brown family does. What the Brown The PRESIDING OFFICER. The Sen- Federal budget deficit by declaring an family does is they go back and say, ator from Utah. emergency, but by eliminating the Mr. HATCH. CLEAA is what we call ‘‘Well now, look, we have incurred an need for an emergency designation and expense of $700 because Johnny broke carrier compliance under the Commu- cutting other discretionary spending nications for Law Enforcement Assist- his arm, so we are not going on vaca- accounts across the board by .53 per- tion this year. We had planned it, we ance Act. It is to aid our law enforce- cent, we have an opportunity to fund ment agencies to be able to do their had written it in our budget, but now these so-called emergencies but do it in we cannot afford it because we had an work with regard to the new digital a fiscally responsible manner where the emergency. Johnny broke his arm.’’ In age, to be able, with court orders, to deficit does not go up. fact, the definition of an emergency in tap into digital phones so that they Let me try to make my case. Let me this case is something they have to can follow criminals and organized make it as succinctly as I can, and spend money on and so they have to crime. then give others an opportunity to re- take it away from another purpose. Mr. FORD. This amendment would spond and oppose as well as to support. They may decide they are not going to add more money than we have already First of all, since 1990, we have buy a new refrigerator. given in the past? passed $80 billion of emergency supple- It seems to me that we can have a Mr. HATCH. It will not add anything mental appropriation bills. In some procedure that is exactly analogous to now. We are going to try to work it out cases, like the Persian Gulf, we have what families have to do, by saying we in fiscal year 1997. been able to come back and offset that have an emergency, we are going to Mr. FORD. There is no additional with payments from foreign nations. provide $1.2 billion for many worthy funding? But just to give you an idea of the objectives, but to pay for it we are Mr. HATCH. Right. magnitude of this loophole that we going to take all the other nondefense Mr. FORD. Why do you need the have created by declaring emergencies, appropriated accounts and reduce them amendment? in 1994 we declared an emergency for across the board —and let me remind Mr. HATCH. Because we need to have the California earthquake and the Mid- my colleagues, we have in the supple- funding. west floods, and we spent $11 billion mental a defense expenditure. We off- Mr. FORD. I thought there was no which was added directly to the deficit. set every penny of it. We only have funding. This is an authorization? In 1993 we declared an emergency for emergencies in nondefense. We do not Mr. HATCH. No. What we are agree- Midwest floods and added $3 billion to have an emergency in defense in this ing to in the colloquy is that in the fu- the deficit, with funding also for the bill, though we have had them in the ture 1997 budget and appropriations drought in the Southeast. In 1993 again past. We generally do not have them. bills we try to find the money to be we added $1 billion to the deficit with And we do not have one here. able to do this law enforcement work, an emergency for Somalia. In 1993 So, what I want to do is for and my colleagues have said they will again we declared an emergency for nondefense accounts, in a simple work with me. economic stimulus as a supplemental across-the-board procedure, what we Mr. FORD. Madam President, I thank appropriation and added $4 billion to have done with specific accounts in de- my colleague. the deficit to extend unemployment fense. If someone wants to come up The PRESIDING OFFICER. The Sen- benefits. with a substitute that cuts specific ator from Texas. In 1992 we declared an emergency and programs as an alternative, I am will- AMENDMENT NO. 3490 TO AMENDMENT NO. 3466 spent $9.3 billion for two hurricanes, ing to look at it. That, basically, is (Purpose: To ensure that discretionary one on the mainland and one in Hawaii; what my amendment does. Let me ex- spending does not exceed the level agreed and then for Typhoon Omar. In 1992 we plain why it is so important. to in the FY 1996 Budget Resolution) declared a dire emergency to fund the The American people got the idea Mr. GRAMM. Madam President, I costs incurred for the Chicago flood that we were trying to do something send an amendment to the desk and and for the riot in Los Angeles. I re- about the deficit when we passed the ask for its immediate consideration. member being in the conference and I Contract With America. The President The PRESIDING OFFICER. The moved to strike a provision where we has vetoed the Contract With America. clerk will report. were declaring an emergency to fund We are now under a continuing resolu- The legislative clerk read as follows: lawyers to defend the rioters. Fortu- tion which is a temporary funding The Senator from Texas [Mr. GRAMM], for nately, that provision died because measure. We have a bill in front of us himself, Mr. SANTORUM, Mr. MCCAIN, and Mr. people were shamed out of it. In 1992 we that already spends $2.3 billion more NICKLES, proposes an amendment numbered had another dire emergency. I could go than that temporary funding measure 3490 to amendment No. 3466. on and on, but I think I made my point. spends on an annual basis. So, if we Mr. GRAMM. Mr. President, I ask My point is we have a lot of emer- pass this bill, rather than simply roll- unanimous consent that reading of the gencies around here. ing over that bill through the end of amendment be dispensed with. I want to remind my colleagues that the year, we are going to spend $2.3 bil- The PRESIDING OFFICER. Without families have emergencies, but I want lion more than simply rolling over the objection, it is so ordered. to go through what happens when a continuing resolution would do, in any The amendment is as follows: family has an emergency and what case. S1956 CONGRESSIONAL RECORD — SENATE March 13, 1996 But let me remind my colleagues me remind my colleagues, we have to fund emergencies. We provided that yesterday all but some 16 Mem- spending in the supplemental for de- FEMA with money, $5.5 billion. That is bers of this body voted to increase fense. We offset every penny of it with paid for in a rainy day fund. Unfortu- spending by $2.6 billion. In fact, we had cuts. Why should we not do the same in nately, that money is over at FEMA an interesting occurrence and that is nondefense? That is the purpose of the and some of the extraordinary expenses our Democratic colleagues said, ‘‘Let amendment. It is very simple and it are in the Small Business Administra- us increase spending by $3.1 billion.’’ boils down to one question: Do we want tion, which is not FEMA. So they can- One of our Republican colleagues said, to spend money we don’t have? Or do not take that FEMA money, even ‘‘No, let us increase spending by $2.6 we want to move toward a balanced though it is sitting over there. They billion.’’ Congress decided on the $2.6 budget? I am giving you an oppor- cannot use it. Or it is in the Depart- billion and with great fanfare we had tunity tonight to save $1.2 billion. I ment of Agriculture. Again, it is for offsets. hope we do not miss this opportunity disasters, but the money is sitting over The problem is, these offsets have al- and I yield the floor. in FEMA. ready been counted in the budget. We Mr. SANTORUM addressed the Chair. I will have an amendment, if this counted $1.3 billion in savings for the The PRESIDING OFFICER. The Sen- amendment fails, to take the money sale of the U.S. Enrichment Corpora- ator from Pennsylvania. from FEMA and put it into those action. That is basically a corporation Mr. SANTORUM. Thank you, Madam counts. It is not something I want to that enriches uranium. But the prob- President. do, because I think we should have this lem is we have already counted that Madam President, I rise in very fund available to FEMA. I think we $1.3 billion in deficit reduction in the strong support of Senator GRAMM’s should pay for it now. budget that we adopted. But since that amendment. As a cosponsor of that I have had a history as a House Mem- budget and the bill flowing from it has amendment, I think we have a fun- ber of standing up for this. I voted, I been vetoed by the President, we were damental issue to decide on the floor of think, on four or five occasions against able to do that yesterday. To pay for the Senate tonight, and that is whether unemployment extensions which were this new spending, $2.6 billion adopted we are going to go back to the old sys- not paid for, which emergencies were yesterday, we sold off portions of the tem, prior to last year paying for emer- declared and we just added on to the Strategic Petroleum Reserve. The gencies, adding it to the interest costs deficit. Luckily, in four of the five in- problem is we had already decided to of future generations, or whether we stances where we extended unemploy- sell it as part of the budget. So what are going to face up to the fact that we ment benefits, the President at that we really did yesterday is added rough- have emergencies in this country, that time, President Bush, insisted that we ly another $2.6 billion of spending. So we do not appropriate for them every find offsets, and we did find offsets, and we are already talking about spending year as they occur, as we should, and we were able to pass a deficit-neutral almost $5 billion more in this bill than that we need to pay for them out of ex- unemployment extension. if we extend the current short-term isting appropriated accounts, not to The only time we did not do that was continuing resolution. just declare an emergency every time under President Clinton in his stimulus I think it is important that at some we have one and pass the bill on to the package. It is the only part of the stim- point we stand up and decide to stop next generation of Americans. ulus package that became law, and we spending money we don’t have. It is If we do not and this bill becomes deficit spent to provide unemployment one thing to write a budget setting out law, the children of America, the peo- benefits. I voted against it. good intentions. But it is clear to a ple of America are going to be paying I tell you, I was a Congressman at blind man that if you look at the pat- interest on this $1.1 billion for the rest that time, and I represented a district tern that we have followed with these of their lives. Now, is that fair to have which has probably been as hard hit, if emergency designations, it has turned that happen? I am speaking as someone not harder hit, than any district in the into exactly what many of us feared it from the State of Pennsylvania who country with respect to unemploy- would when it was put into the 1990 probably is going to get the lion’s ment. I represented the steel valley of budget summit agreement. It has share of this benefit. Pittsburgh where we lost over 100,000 turned into an agreement whereby the In Pennsylvania, in January, we had jobs in a matter of 10 years—100,000 President and the Congress conspire to a very serious snowstorm. We had a steel worker jobs in a matter of 10 cheat on the budget; conspire to in- couple feet of snow in most places, fol- years. We still have long-term unem- crease spending above the level we set lowed by extremely warm weather and ployment there. out in the budget. In the process, we a rainstorm which, depending on the But I said that it is important to have these budgets that do not look so area, dumped anywhere from 4 to 7 stand up for principle, that we do not bad, but when we count how much inches of rain. So we had the combina- spend money today for emergencies, as money is actually spent we end up tion of 2 feet of snow melting plus 4 to important as those emergencies are spending beyond the budget. 7 inches of rain in a matter of a 2-day and as needed as the funding is, by pe- What I am offering our colleagues is period. It caused floods that were above nalizing future generations and not a great opportunity to save $1.2 billion. the 100-year-flood level in many places. making the tough decisions, not set- Somewhere in the sweet by-and-by The damage in Pennsylvania is cal- ting priorities. That is what this is there may be a budget that is adopted. culated now over $1 billion. There is about. Everybody in this Chamber and The President may accept it. On the half a billion dollars in eroded infra- everybody in the House Chamber is for other hand, he may not accept it. So structure, and, even more important, this disaster assistance. The President we may get through this whole year we lost 100 lives. We lost 2,000 busi- has asked for it, and the appropriators not having saved a penny anywhere. nesses and 50,000 homes. We had a very have wisely appropriated the money he I can give you an opportunity to- serious disaster. It is one that we has asked for. night to save $1.2 billion. The only per- should, on the Federal level, help. It is The question is, are we going to pay son I know who knows how much a disaster that qualifies, in fact, all 67 for it now or are we going to make our money that is is Ross Perot. We can counties eligible for individual assist- children pay for it later, forever and save $1.2 billion by doing what the ance. Madam President, 52 of the coun- ever and ever? I think the answer is Brown family would have to do if they ties have been declared eligible for pub- pretty clear. had an emergency, and that is cut pro- lic infrastructure assistance. One of the reasons we are here debat- grams we were going to spend money So there is no doubt we need to spend ing this bill—we are into March debat- on to fund the emergency. And my pro- this money. The question is, are we ing appropriations bills—is because we posal is a very simple one. We remove going to spend it within the existing are trying to balance the budget. We the need for an emergency designation pot of money that we have to spend are trying to cut spending. We are try- so that it is not an emergency, and we this year, or are we going to just add it ing not to add on to the deficit, and have an across-the-board cut in all to the deficit? here we are in the middle of this great other nondefense discretionary ac- Last year, in the rescissions package, struggle to put America back on sound counts by 0.53 percent to pay for it. Let we made a decision that we were going financial footing, back on the path to March 13, 1996 CONGRESSIONAL RECORD — SENATE S1957 fiscal responsibility and we are saying, declare an emergency and add it on. By The PRESIDING OFFICER. Is there ‘‘Oops, we have an emergency; we must and large, you know, it is only $1 bil- any objection? Without objection, it is add to the deficit.’’ lion. No one is going to notice. Well, I so ordered. I can tell you, the House of Rep- notice. I think we have an obligation Mr. HATFIELD. Madam President, I resentatives is not adding to the deficit not just to the process that we are en- think that those votes, as they are in their bill. They have an appropria- gaged in to balance the budget but for being stacked or joined, linked, prob- tions bill similar to ours. They do not the future generations of Americans ably would occur somewhere between 8 add to the deficit. They are within who, as I have said before, will pay for and 8:30, assuming all the time is used. their caps, and I think that is impor- this $1 billion of deficit the rest of I do not plan to use all the time on my tant to know. I think it is incumbent their lives. Is that fair to do? The an- side on this matter that is pending. upon us to act as judiciously as the swer, I think, is very clear. It is not Madam President, the Gramm House in this instance. fair to do. amendment proposes to offset the so- Right now there is a special session So I am very hopeful that we can get called emergency supplemental the going on in Pennsylvania, and they are bipartisan support for a very rational President asked for and that was ap- coming up with the funds to pay for act. I will tell you that an across-the- proved by our committee to cover the the tens of millions—hundreds of mil- board cut is probably not the best way losses and the damages, in part, that lions—of dollars that the State of to go about paying for this, but I sug- have occurred during the floods in the Pennsylvania is going to have to come gest that the principle of saying that Northwest and other parts of the coun- up with to fund this, and they cannot try. we are going to pass a deficit-neutral declare an emergency. They cannot put I am not sure that we need to have a appropriations bill is important. When it off budget. They cannot add it to replay of the suffering and the tragedy we do that and we send it to the con- their deficit. They have to balance that has beset so many people in these ference and we have a deficit-neutral their budget every year, and they are types of disasters, whether it is an appropriations bill coming out of the making tough decisions up there right earthquake or a hurricane or a flood or House and a deficit-neutral bill coming now. a fire. I think that is why the budget My colleague in the State house and out of the Senate, then we can sure as agreement of 1990 very precisely em- the State senate and the Governor, my heck guess that we are going to get a powered the Congress of the United former colleague in the House, Tom deficit-neutral bill coming out of the States to visit these problems on an ad Ridge, are offering up some pretty conference. hoc basis and make a judgment in ac- tough medicine right now to the people Is it going to have an across-the- cordance with the needs created by of Pennsylvania. All I am asking is board cut? No, probably not. They will these disasters and why there is no for- that we take a little bit of the medi- probably set priorities. They will sit mula for that, there is no basic cri- cine in Washington, that we do the re- down and they will make those deci- teria. That is within the prerogative sponsible thing. sions within the context of a larger pic- and the discretion of the U.S. Congress. I do not understand how this body, ture, as it should be. But I think we My colleague from Texas tried to whether you are a Republican or a have to set the tone here with this compare this to a family disaster of Democrat, can go back home and go be- amendment. Johnny breaking an arm, and what fore the people of this country and say So, I am very hopeful that my col- would they do? I will tell you what you really are serious about balancing leagues who stand up and repeatedly they would do. They would go down this budget, that you really are serious talk about how we have to set prior- and get that arm fixed, and they would about cutting spending and setting pri- ities and balance the budget and that charge it on their credit card because orities. We have to set priorities. As we did not need a constitutional they did not have the money, cash in Senator GRAMM says, when the refrig- amendment to balance the budget be- hand. They would take an attitude that erator breaks, you cancel the vacation. cause we can do it ourselves, we can this is worthy of an indebtedness be- Every family does that. Most States do make these decisions, we can set prior- cause we have an emergency that has that. This Government and this Con- ities—it is priority setting time. I cast to be dealt with. gress should do that. my priority to spend this money on Madam President, I believe that is If there is anyone who should be for disaster relief. I am for disaster relief. true with the Nation as a whole and this bill, whether it spends for emer- I want to fund these programs. But I under the very concepts that set up gency and adds on to the deficit, it also want to do it within the context of FEMA, the Federal Emergency Act to should be me. But I believe it is so im- this budget. deal with these emergencies. The Sen- portant—so important—that we con- I hope my colleagues on both sides of ator from Texas also said why is it we tinue the precedent that we set last the aisle will support that effort. do this only for nondefense programs? year of paying for our disasters, of not Madam President, I yield the floor. Aha, we put the gulf war in an emer- bailing out and declaring emergencies gency declaration. The PRESIDING OFFICER. The Sen- that I am prepared to vote against this Over $20 billion we were willing to ator from Oregon. bill. I am prepared to vote against dis- march down the aisle to say, ‘‘We sup- aster assistance for my State if we do Mr. HATFIELD. Madam President, I port the President. We support this war not offset it over the next few hours. propound a unanimous-consent time for oil,’’ even in spite of all the propa- If the Gramm amendment fails, I agreement. I ask unanimous consent ganda that somehow we were trying to have other amendments. I have other that there be 1 hour for debate on the support an emergency of a little coun- amendments to offset other accounts pending Gramm amendment—30 min- try like Czechoslovakia being overrun within the purview of this bill and out- utes under the control of Senator by the big brutal neighbor, Hitler. side the purview of this bill. I have SANTORUM, 5 minutes under the control So, the gulf war was an oil war, pure amendments to transfer money from of Senator GRAMM, 25 minutes under and simple. And we declared an emer- FEMA. I know that is subject to a the control of myself—and following gency. Why is it that we can find it point of order, but I am prepared to be the debate, the amendment be laid easy to declare an emergency to make here tonight, and I am prepared to aside and Senator MIKULSKI be recog- war, but we find it a gnat strangling us offer amendments. nized to offer an amendment regarding in trying to swallow in declaring an I think this is something that we ab- national service, and that there be 1 emergency related to people in need? I solutely must do to be able to face the hour for debate to be equally divided in suppose it is a philosophical debate to American public with a straight face. the usual form, that no amendments be some degree. I think it is also a value We bail out too often around here. in order to either amendment, and fol- and a priority debate as well. We are always looking for a way to lowing the debate, the Senate proceed I think it is poor procedure, in addi- sort of be cute and get around the law, to vote in relation to the Gramm tion. Bear in mind that this amend- to get around the substance of what we amendment, to be followed by a vote in ment says that we reduce appropria- really are talking about here. relation to the Mikulski amendment. I tions in the nondefense area, both in Oh, sure, we can legally, under the believe this has been cleared on both this bill and already enacted, the legis- law, circumvent the Budget Act and sides. lative branch bill, the Treasury bill, S1958 CONGRESSIONAL RECORD — SENATE March 13, 1996 the transportation bill, the agricul- washed away, totally washed away and; begin with. It was doomed to failure. It tural bill, the energy-water bill, the at the same time, to replace those was just a matter of time. foreign operations bill, all having been hopes and to be able to restore those Nevertheless, the point is we justified passed, and now we are going to go levies to protect them in the future is every kind of dollar at that time, build back and reduce those commitments being threatened by this particular ac- up, and up, and up and deficit go up, for those programs in spite of the fact tion at this time. up, up—one of the most conservative that there is a different spendout prob- Let me say, we have stretched this Presidents in the United States in ably for each one of those accounts in every way possible to find offsets for modern history building the greatest most of those bills. That then is going adding through the actions yesterday, deficit we have had in modern history. to fall disproportionately heavily on and other actions, moneys to increase So these labels of conservative and lib- those that have had a slower spendout the level of funding. We have done it eral and moderate and fiscal conserv- in order to recoup that percentage re- for a variety and many different ac- atives, all that is a very superficial duction. That kind of fiscal manage- counts, fitting almost anybody here on kind of labeling. All I am saying is we ment is irresponsible—irresponsible. the floor in the body, here as a total have never found a problem to find It is an easy way to follow the rules body, the needs or priorities. more money to spend for military about offsets, but we do not have any At the same time, the Appropriations hardware, but when we come to trying consideration as to the impact of that Committee is the only committee in to meet the needs of flood victims and disproportionate reduction in these ac- the U.S. Congress that has taken spe- people of disasters who have suffered counts across the board. It even undoes cific actions for budget reductions and disasters, we are, oh, so concerned the action we took yesterday of adding spending reductions—$22 billion we about our fiscal future and our fiscal moneys back to the Labor-HHS for have taken in the Appropriations Com- present. educational purposes. We have to re- mittee. We could not get the reconcili- This is a legitimate declaration of visit that. That may not be a high priation through the President’s veto but emergency. I urge my colleagues—I do ority for some. It is a very high prior- I have not seen too many subsequent not know in what way we will move at ity for me. actions taken by authorizing commit- this time. We are checking the point of But it only means again that there tees to deal with the problem under the order possibility that exists and we are no sound criteria being used to re- current circumstance we had. will have to have that confirmed. If it cover the offset in order to say, oh, I There is no committee that can stand is confirmed, I will make a point of can vote for the disaster relief for on the floor of the Senate and say they order. Otherwise, I will move to table those people who drowned, have been have done something specific to try to the amendment. drowning, or people whose homes have move toward a balanced budget by the The PRESIDING OFFICER (Mr. been drowning or their farms have been year 2002, except the Appropriations GRAMS). The Senator from Texas. drowning or the levees that have bro- Committee. We have a record. We have Mr. GRAMM. Mr. President, let me ken through that need repair to pre- a unique position. Always, I will defend ask our colleague who has the prepon- vent another storm totally eliminating our action. Sure, we can say we can do derance of time to yield me 5 minutes communities in my State, or the Small more, maybe $24 billion instead of $22 to respond. Business Administration that had ex- billion. It is very interesting when we Mr. SANTORUM. I yield 5 minutes to pended or obligated its funds to be re- come to the floor we face a barrage of the Senator from Texas. plenished in this bill, to give assistance amendments to add back, add back, Mr. GRAMM. Mr. President, it seems for the reconstruction and the restora- add back; and at the same time that we to me in listening to this argument tion of small enterprise under our have offset, offset, and offset, there that our dear colleague from Oregon, great capitalistic system. comes a limit to how much you can off- who has great intellectual powers, has We can find lots of help for the big set and make viably authentic a plan been forced to strain them to defend corporations in all sorts of tax breaks, you have for funding the U.S. Govern- his position on this amendment. I am but I do not find that there is that easy ment. not going to get into a lengthy re- access to tax breaks for small enter- Another thing that had made our sponse on each and every point, but prises, the small businessperson, problem difficult is we protect the de- there are some I would like to make. which, after all, is the soul of the cap- fense spending. That is sacrosanct. If every penny that we have cut out italistic system, not the Fortune 500. That is jobs. That is this. That is the of defense since 1985 had gone to deficit So, consequently, it seems to me that other things. The Russians are not reduction, we would have a balanced we are being again very inequitable in coming any longer, so now perhaps budget today. Second, no one is propos- making these applications. Let me say Saddam Hussein is coming. I grew up ing that we not provide flood relief. No- that on the foreign operations, Israel— at a time when Communists were be- body is making that proposal. What we Israel, in its time of need—will also be hind every door, according to some are saying is, we can provide it, but reduced, the Israeli need that exists politicians, to scare the people into pay for it. There is no doubt about the today that we have voted overwhelm- more spending for military; or that the fact that a lot of families, when John- ingly to support. I have a strong feel- Russians were coming. ny falls down the steps and breaks his ing that we are really almost playing As I have said before on this floor, arm, they put it on the credit card. The games with people in distress. I heard the greatest enemy we face today, ex- difference is, 30 days later they get the the recitation of all the times we have ternally, is the viruses are coming. The bill. They have to either pay it or come adopted the emergency declaration. viruses are coming. We better be more up with permanent financing. Their Again, Madam President, I do not ac- defensive of our people against the viability to get financing, other than cept the sins-of-the-fathers-being-vis- ruses through medical research than rolling it on their credit card at astro- ited-upon-the-children concept. I am for the so-called hardware buildup. nomical interest rates, depends on a not saying that every one of those dec- I can remember when we used to be plan to pay it back. We have not paid larations had high support or could be able to separate people’s philosophy be- back a net penny of borrowing since Ei- validated by criteria. I can tell you, cause it was easy, oversimplified—a senhower was President of the United having visited farms that will take 2 hawk and dove. Doves vote to lessen States. That has been a long time. years to restore in my State, at least 2 military spending and the hawks want That has been too long. years for productivity—my colleague, increased military spending. I can re- In terms of the gulf war, we actually Senator WYDEN and I, had first-hand member when the Republicans con- collected more money from our allies direct exposure to people who had been trolled the Senate in 1980 and we were than we spent—probably the only war absolutely wiped out. Their milk cows faced with a Reagan massive buildup of in history where that was the case. Ob- stacked in piles waiting to be burned or military weaponry. Do not let anybody viously, when we are talking about the disposed of, losses that cannot be re- try to sell you the proposition that loss of American life, we are talking placed even if they had the money to caused the decline of the empire of the about a loss that can never be paid do it because there is not that avail- Soviets. I will not give them that much back, but I was not talking about the ability. People whose hopes were just credit. Their system was flawed to Persian Gulf war here. I am talking March 13, 1996 CONGRESSIONAL RECORD — SENATE S1959 about the fact that in this very bill we to be spent on those last 2 days. Then priations Committee by suggesting increase defense spending, but we offset I would take the additional funding— that the timing of the disaster is really it by cutting other programs, some- since we are not going to be able to less important than the timing of when thing we did not do for this $1.2 billion. spend it all out in 2 days, I would take the money is going to be spent. That is In terms of going back and cutting the spend-out rate, and for those first 2 very important. We have a billion dol- programs across the board, there is no days I would take the amount to be lars’ worth of damage in Pennsylvania, doubt about the fact that if the com- spent and take it from the overall Gov- but we are not going to spend a billion mittee had offset this increase in ernment operations of those 2 days. dollars over the next 6 months in re- spending, they could have done it more And then, as it is spent out in the new pairing or fixing that problem. We efficiently than the across-the-board fiscal year, I would take it from that. have, for example, $5.5 billion sitting in cut. Let me say that without the emer- Mr. HATFIELD. Mr. President, I FEMA right now. That money was gency designation, the law would apply think that is obviously a hypothetical originally appropriated for the Califor- an across-the-board cut. Let me also question, but it was not a hypothetical nia earthquake and for the Mississippi say this is a procedure that we have response to that problem because what floods that happened 3 years ago. It used many times. If a better alter- we are proposing to do today is to meet still has not been spent out. native can be found in conference, it the emergency at the time. Historically, what we have done can be substituted. I think the Senator makes a good when we have declared emergencies is The point still comes back to not point in the matter of how we have we have put it off budget and appro- whether we should help flood victims, handled the emergency declaration. I priated money for the entire emer- but should we pay for the assistance or say to the Senator that I will be happy gency, for what we think is going to be should we simply add it to the debt? Do to work with the him to set up a cri- the cumulative cost of that emergency, we simply spend more and more money teria on how we should apply that knowing full well they are not going to every time something happens? Or do emergency declaration. I do not think be able to spend all that money in this we say, ‘‘There has been a tragedy in we ought to do it on an ad hoc basis, on fiscal year, whether it was September the country. We have to do something the basis of need today. That is a mat- 28 or October 1. It takes a long time to to help. What we are going to do is ter we should deal with in terms of an let contracts and rebuild, as the Sen- take money away from programs that overall long-term—we can do the job ator from Oregon said. It is going to be we would have spent the money on that quickly, but it should not be applied on a couple of years before a lot of these were a lower priority so that we can an ad hoc basis of this current emer- people get it all back together and can fund this emergency assistance.’’ gency. use all the money that is available. The issue here is simply the issue of I think, also, that we realize that the So to suggest we should be worried deficits, and no matter what kind of ar- disasters that happen early in the fis- about the timing of disasters really guments are made, no matter what cal year—from all practicality, not hy- does not reflect how the disasters are specter is held up about helping needy pothetically, the disasters that happen paid for. So what we are saying is, people, no matter what discussion oc- early in the fiscal year are going to look, maybe we should look at, as the curs on defense, the bottom line is that have more opportunity to be offset Senator suggested, how we appropriate we are going to have a vote here on $1.2 than those that happen late in the fis- money for disaster assistance because billion of additional deficit spending. cal year, as to the spend-out we have maybe there is money in this request Are you for it, or are you against it? had during that fiscal year of those ac- that is not going to be spent this year, I am against it. I want to provide the counts that would be taxed or offset. that we do not need to put in the budg- money to try to help people who have So, I think, again, the whole prin- et this year, that we can put in next suffered from floods, people who have ciple of offset is unsound at this point year when we anticipate it to be spent. suffered from fires, people who have in time, unless we add criteria, criteria That is a real concern. suffered from emergency situations firmly established that we were going I think the more fundamental issue that they had no control over. But I to apply. Let me say that the gulf war here is, how are we going to pay for want to pay for it, and I want to pay was so-called promised on the part of emergencies? It is interesting for me for it by cutting other Government our allies to be paid back. But let us that if you look at all of these ac- programs. That is the prudent policy. remember we did not have that in hand counts, whether it is the Department That is the way, ultimately, in the real at the time we made the declaration of Agriculture, watershed and flood world, things have to operate. We have any more than we had any kind of a control, or whether it is the Small been divorced from the real world for payback plan for Somalia and the Business Administration, or the Corps too long, and that is why we have not other programs that we put declara- of Engineers, or the National Park paid off a net penny of national debt in tions of emergencies to in order to Service—all of these agencies that are any year since Eisenhower was Presi- meet the needs of those people at the funded—none of these agencies, to my dent of the United States. moment. knowledge, receive any additional It seems to me that if we continue If we are going to have to measure funds for emergency purposes. They get this process, people are going to be somehow the suffering, or we are going funded for their programs, but they are here 30 years from now who are going to find some better way to establish not given sort of a slush fund or a rainy to be making the same statement. So I the declaration—and the Senator him- day fund to be able to be used to meet think the choice is clear, and I hope self was a member of that conference emergencies that they have to deal people will make the choice to pay for and that so-called summit that adopted with when they come. We do not appro- it—to help, but pay for it. the very language of the declaration of priate money—with the exception of a I yield the floor. emergency, as I was a member of that small amount for FEMA every year, Mr. HATFIELD. I wonder if the Sen- conference and that summit of that usually $200 million or $300 million, ator will yield for a question? time. So that is sort of ex post facto in which is always exceeded. We appro- Mr. GRAMM. I am very happy to. terms of the pattern in which we have priate very little money annually for Mr. HATFIELD. As the Senator followed the declarations of emergency emergencies. Then when they come, as knows, we operate on an October- and of the conditions that exist today, surely they come every year, we step through-October fiscal year. What the call for this declaration of emer- back and say: We do not have any would the Senator do if an emergency gency. money. We have an emergency we did occurred or disaster of some kind oc- I yield the floor. not anticipate. And whether it is a big curred on September 28? Mr. SANTORUM addressed the Chair. one like the California earthquake, or Mr. GRAMM. What would I do if it The PRESIDING OFFICER. The Sen- a small one, we say, well, let us just occurred on that date? ator from Pennsylvania is recognized. add it to the deficit. Mr. HATFIELD. Yes. Mr. SANTORUM. Mr. President, I What we are saying is that is just not Mr. GRAMM. What I would do is ex- yield myself such time as I may responsible. The responsible thing is to tend the funds. And for those 2 days I consume. I would like to respond to the let us appropriate the money every would take the funds out of the funding distinguished chairman of the Appro- year and, my goodness, if we do not S1960 CONGRESSIONAL RECORD — SENATE March 13, 1996 spend it, and if the Lord shines upon us cans. You would think it is fairly com- getting ready to add $1.2 billion of new and we do not have a natural disaster, mon sense. It is one of the common- spending declared an emergency. We well, then we keep it for the next year sense things that I hear when I go can avoid that by simply cutting when, probably, the disasters will be home. ‘‘Well, of course, if something across the board by .53 percent, or a worse than what we had planned on. comes up that you need more money, penny for every $2 we spend on But it is silly for us to not appropriate you find the money somewhere else. nondefense discretionary programs. I for emergencies, and when they come You just do not put it on the deficit am very proud of the fact that in along, say: We have all this destruction forever and over and over for us to pay 1995, under the leadership of Senator and costs and we have to come to these interest on for generations.’’ HATFIELD as our new chairman, we people’s aid. I want to see this bill passed. I want did not have a need for emergency We are coming to these people’s aid. to see the people who are in need feel designations. We did not, through We are out there. I have been out good about the fact that the Federal supplementals, raise the deficit. In there, as have Senator HATFIELD in Or- Government came in and helped them fact, we had rescissions bigger than the egon, and Senator Wyden, and Senator but also feel good that we did it within new spending we had. It is not as if we SPECTER, and Senator GORTON. We have the context of a budget, that we did it have never sinned before, but we were been out there, and we have seen the the right way. I am hopeful that we on such a roll from 1995 under the lead- damage. It is severe, and we need to can get bipartisan support on this and ership of our great chairman that I was remedy it, but we need to do it within send a resounding vote that we are hoping that we might stay on the the confines of rational budgeting. going to balance this budget and that straight and narrow and avoid this That is what Senator GRAMM said. we are willing to step up to the plate in movement back to our old ways. Every family does it. I hear the credit tough situations and make the tough So, I do not see this as a big amend- card analogy all the time, and Senator decisions to move this country to a ment in terms of its impact; $1.2 billion GRAMM is right that the analogy is not more responsible fiscal future. for anybody, or any group of people of applicable to the Congress, because you Mr. President, I yield the floor. any reasonable size, that would be an have to pay back a credit card. If not, Mr. HATFIELD addressed the Chair. unbelievable amount of money. For the they take you to court and garnish The PRESIDING OFFICER. The Sen- Federal Government, it is basically one your wages. We are never going to pay ator from Oregon. penny out of every $2 we spend on this money back. We are going to add Mr. HATFIELD. Mr. President, I ask nondefense discretionary programs. this billion dollars to the deficit, and unanimous consent that the time re- But why not take a stand here, keep we are going to pay interest on that. straints with respect to the Mikulski the record of this new Congress with Children who are not yet born are amendment just agreed to be vitiated, the Republican majority, a perfect going to pay interest on that. that following the debate on the pend- record in that we have written a budg- I do not think we have any intention ing Gramm amendment, the Senate et. The President vetoed it. But we in the near future of doing anything to proceed to vote with respect to that have lived by it. We have not used an reduce the national debt. We are hop- amendment, and following the vote emergency declaration to spend money ing to reduce the annual deficit. Senator MIKULSKI be recognized. when we had the alternative to pay for But there is no plan that I am aware The PRESIDING OFFICER. Without it. It is a record I am proud of. It is one of to start whittling down the moun- objection, it is so ordered. I want to keep. And, most importantly, tain of debt that we have already accu- Mr. GRAMM. Mr. President, before despite all of the arguments that can mulated. So to suggest that it is equiv- Senator HATFIELD leaves, I am through be made, it is the right thing to do. alent is just not accurate. It is apples debating. I think we made the points. I This is the right thing to do. and oranges. do not know if the Senator from Penn- This is a manageable emergency. I applaud Senator HATFIELD and the sylvania is finished or not. But if he is, There is no reason that a country that Appropriations Committee for, as he perhaps we could go ahead. I would like spends $1.6 trillion a year cannot man- said, having cut $22 billion this year. to have 1 or 2 minutes to sort of sum age an emergency of $1.2 billion. This is He is absolutely correct. Unfortu- up, and we could go ahead and vote. a manageable amount. And what we nately, because we have not been able Mr. HATFIELD. I say to my friend are doing here is setting a precedent to get agreement on entitlements and that this certainly is a possibility. We that will be followed, if we set it here. on the budget—the President vetoed have to have a few minutes because of I would like to stay with our record the budget that actually does some- the time designated, or, at least, a in 1995, stay with our budget, not de- thing with entitlements—we have had time estimate for a vote. We have to clare this emergency, and pay for this to rely solely on appropriations. But get notice to some of our colleagues modest amount of money as compared we have relied on appropriations with- who perhaps have left the Hill. But I to the Federal budget. We are capable in the budget caps that we set in the would be willing to yield back all of my of doing it. It is the right thing to do, budget resolution. We are not asking time and move to a vote as rapidly as and I urge my colleagues to do it. them to do anything more than we possible. Mr. President, I yield the remainder would have had we done all of the enti- Mr. GRAMM. Mr. President, on that of my time. tlement savings anyway. I appreciate basis, let me sum up. Again, there are The PRESIDING OFFICER. Who that they have done it. But it is not a lot of issues that have been raised yields time? like we have not worked very hard to here. The provision for the emergency Mr. HATFIELD. Mr. President, I sug- get those entitlement savings. Every- designation was in the 1990 budget gest the absence of a quorum on my one over here, at least, put up the summit agreement. I participated in time. votes to get that bill to the President those negotiations. I opposed this pro- The PRESIDING OFFICER. Without for him to balance the budget. Unfortu- vision. I voted against that summit objection, it is so ordered. nately, the President has vetoed it. But agreement—not that that is of any rel- The clerk will call the roll. we have done our part. We will con- evance here. The bill clerk proceeded to call the tinue to do our part to make sure that Here is the point. There are some roll. we reduce all levels of government so emergencies under some circumstances Mr. GREGG. Mr. President, I ask we can balance this budget, not just that create a situation where there is unanimous consent that the order for appropriated accounts. not a readily available option to fi- the quorum call be rescinded. The final point I want to make is just nance. We could have funded the Civil The PRESIDING OFFICER. Without to reemphasize. This is not about help- War by offsetting expenditures and by objection, it is so ordered. ing people in need. We are helping peo- raising taxes. We decided not to do it Mr. GREGG. Mr. President, I ask ple in need. FEMA teams have been in that way. We might have funded World unanimous consent that we set aside Pennsylvania for a couple of months. War II that way. We decided not to be- the pending amendment. We are doing the job. This is how we cause of the magnitude of the under- Mr. GRAMM. Reserving the right to pay for it, if we pay for it. I think that taking. But I remind my colleagues, we object, I think we are about to work is a pretty easy call for most Ameri- are spending $1.6 trillion a year. We are out an agreement here, Mr. President, March 13, 1996 CONGRESSIONAL RECORD — SENATE S1961 that would end our debate, order a roll- Those who study this issue agree that The PRESIDING OFFICER. Without call at some time in the future, and breaking the cycle of violence and objection, it is so ordered. finish up this matter. I think we can do crime requires an investment in the Mr. GRAMS. Mr. President, I ask that very quickly, and then the Sen- lives of our children with support and unanimous consent that the pending ator could be recognized to offer an guidance to help them reject the vio- amendment be laid aside. amendment, and this would be out of lence and anarchy of the streets in The PRESIDING OFFICER. Without the way. favor of taking positive responsibility objection, it is so ordered. Mr. GREGG. Mr. President, I ask for their lives. And prevention of AMENDMENT NO. 3492 TO AMENDMENT NO. 3466 unanimous consent that we set aside crime—particularly juvenile crime—is (Purpose: To establish a lockbox for deficit the pending amendment. more important now than ever before. reduction and revenues generated by tax The PRESIDING OFFICER. Without In 1994 more than 2.7 million children cuts) objection, it is so ordered. under the age of 18 were arrested. Half Mr. GRAMS. Mr. President, I send an amendment to the desk and ask for its AMENDMENT NO. 3491 TO AMENDMENT NO. 3466 of these arrests—1.4 million—were chil- Mr. GREGG. Mr. President, I send an dren under the age of 16. immediate consideration. The PRESIDING OFFICER. The amendment to the desk and ask for its There is a fairly simple answer to this problem—provide supervised ac- clerk will report. immediate consideration. The assistant legislative clerk read tivities for children during the high- The PRESIDING OFFICER. The as follows: clerk will report. crime hours of the late afternoon and The Senator from Minnesota [Mr. GRAMS], The bill clerk read as follows: early evening. The key is to keep chil- for himself, Mr. MCCAIN, Mr. FAIRCLOTH, Mr. dren off the streets and out of trouble The Senator from New Hampshire [Mr. COATS, Mr. INHOFE, and Mr. HELMS, proposes GREGG], for Mr. BIDEN, proposes an amend- during the times they are most likely an amendment numbered 3492 to amendment ment numbered 3491 to amendment No. 3466. to get into trouble. No. 3466. Mr. GREGG. Mr. President, I ask This is not complicated. We can—in- Mr. GRAMS. Mr. President, I ask unanimous consent that reading of the deed we must—recognize this fact and unanimous consent that reading of the amendment be dispensed with. take all the actions necessary to fill amendment be dispensed with. The PRESIDING OFFICER. Without the crime-likely hours with supervised The PRESIDING OFFICER. Without objection, it is so ordered. activities. Constructive after-school objection, it is so ordered. The amendment is as follows: prevention programs like Boys & Girls The text of the amendment is printed On page 29, line 20, after ‘‘Provided further,’’ Clubs are the best way tool we have to in today’s RECORD under ‘‘Amendments insert ‘‘That not less than $20,000,000 of this stop juvenile crime, juvenile drug use, Submitted.’’ amount shall be for Boys & Girls Clubs of and juvenile victimization by other Mr. GRAMS. Mr. President, on behalf America for the establishment of Boys & youth. of my colleagues, Senator MCCAIN, Girls Clubs in public housing facilities and We have a choice. We can work to Senator FAIRCLOTH, Senator COATS, other areas in cooperation with state and prevent crime before it happens. Senator HELMS, and Senator INHOFE, I local law enforcement: Provided further,’’ If we don’t, we are merely postponing rise to offer the taxpayer protection Mr. BIDEN. Mr. President, the the inevitable—dealing with juveniles lockbox amendment. amendment I am proposing today after the shots are fired, after the chil- Today, as Congress fights to bring would provide the first $20 million of a dren become addicted to drugs, after down the deficit and set the Nation on 5-year effort to add 1,000 new Boys & more lives are ruined. the track toward fiscal sanity, Presi- Girls Clubs—including 200 more clubs When a life about to go wrong is set dent Clinton is continuing his demand in housing projects—so that 1 million back on the right track—that is a tes- for an additional $8 billion in taxpayer more children can participate in this tament to hope. money this year to finance even bigger vital program. We build hope by showing children Government. He says he is offsetting This investment of $100 million in that they matter and by contrasting the increased spending, but most of his seed money—all to start new clubs— the dead end of violence with the op- so-called savings are no more than translates to only $100 per additional portunity for a constructive life. budget gimmicks—increased taxes, child who will be served by a Boys & This amendment deserves full bipar- fees, and one-time asset sales financed Girls Club. tisan support. This is crime preven- directly by the taxpayers. The Federal Government’s contribution—as far as I know, the Boys & Girls Congress wants to eliminate the defi- tion is only 10 percent of the total Club is a program everyone on both cit but President Clinton wants to funds needed to complete this project. sides of the aisle has claimed to sup- spend almost 50 cents of every dollar This is only seed money. The remain- port. that working Americans have sac- ing 90 percent of the funding for new I urge all of my colleagues to fund rificed toward a balanced budget this clubs will come from private dona- this proven prevention program and year. tions. join me in helping to stem the tide of The President said in January that That is a Federal contribution of children who would otherwise be lost ‘‘the era of big government is over,’’ only $100 per child to provide 1 million to drugs and violence. but if he has his way big government children with a safe, supervised, and Mr. GREGG. Mr. President, this will only continue to grow, at the ex- challenging place to go after school amendment, which is a Biden amend- pense of taxpayers today and our chil- rather than hanging out on street cor- ment, would earmark funds for the dren tomorrow. If we do not take im- ners or returning to an empty home. Boys and Girls Clubs of America. It has mediate action to stop this pattern of Fully 40 percent of juvenile crime is no budgetary impact. It has been abuse, we are risking leaving behind a committed between 3 and 9 p.m. These cleared on both sides. legacy of debts that our kids will be are the hours when many children are Mr. President, I ask unanimous con- forced to inherit. left unsupervised. sent that this amendment be agreed to. While we still have the opportunity, In hundreds of public housing The PRESIDING OFFICER. Without we must do everything possible to projects across the country, Boys & objection, it is so ordered. change the rules of the tax-and-spend- Girls Clubs give kids a safe place to The amendment (No. 3491) was agreed ing game and do what is best for tax- hang out after school—a place with to. payers, for our children and for the Na- positive activities and positive role Mr. GREGG. Mr. President, I note tion as a whole. And for that reason we models. the absence of a quorum. are offering the Taxpayer Protection A 1992 evaluation conducted by Co- The PRESIDING OFFICER (Mr. Lockbox Act as an amendment to the lumbia University found that housing HELMS). The clerk will call the roll. continuing resolution. projects with Boys & Girls Clubs had 13 The bill clerk proceeded to call the Our amendment would make two im- percent fewer juvenile crimes; 22 per- roll. portant changes to the budget and ap- cent less drug activity; and 25 percent Mr. GRAMS. Mr. President, I ask propriations process, a process which less presence of crack than housing unanimous consent that the order for has served only to encourage abuse of projects without Boys & Girls Clubs. the quorum call be rescinded. spending and fiscal irresponsibility. S1962 CONGRESSIONAL RECORD — SENATE March 13, 1996 First, this amendment would return amendment aside until we dispose of ally arcane budget rules that we have honesty to the budget process by en- the Gramm amendment and maybe to deal with in this body. suring that a cut in spending is truly a other amendments tonight; is that cor- I want to reiterate that I hope on cut. rect? this matter we can get a strong vote of Contrary to popular opinion, under Mr. GRAMS. That will be fine. support, frankly, from both sides of the current law, dollars cut from appro- Mr. COCHRAN. Mr. President, I ask aisle, that we are no longer going to priations bills are not returned to the unanimous consent that the amend- continue the practice of previous Con- Treasury for deficit reduction purposes ment be set aside. gresses—not this Congress, but of pre- as they ought to be. Instead, they are The PRESIDING OFFICER. Without vious Congresses—every time that we quietly stashed away in a slush fund to objection, it is so ordered. have a disaster. On an annual basis, we be spent later on other programs. Mr. COCHRAN. Mr. President, I sug- do not appropriate for those. We do not Our amendment would put an end to gest the absence of a quorum. appropriate money. With the exception this practice by locking any appropria- The PRESIDING OFFICER. The of a couple of hundred million dollars tions savings into a deficit reduction clerk will call the roll. annually for FEMA, we do not appro- lockbox and dedicating those dollars to The assistant legislative clerk propriate money for disasters. We wait deficit reduction. In other words, if ceeded to call the roll. until they happen, as they surely will, Congress cuts $10 million in an appro- Mr. GRAMM. Mr. President, I ask and then we ask for emergency author- priations bill, the taxpayers will save unanimous consent that the order for ity to borrow the money and not put it $10 million. It does not get spent some- the quorum call be rescinded. on the budget. where else. The PRESIDING OFFICER (Mr. We know there are going to be disas- Second, our amendment would create GRAMS). Without objection, it is so or- ters. We should be able to budget for a revenue lockbox which would be used dered. those disasters, either beforehand or be to direct any future revenues that ex- AMENDMENT NO. 3490, AS MODIFIED able to rearrange priorities once they ceed current economic projections to- Mr. GRAMM. Mr. President, I ask occur. That is what we do here. We ar- ward deficit reduction and/or tax relief. unanimous consent to modify my range priorities. It would create a fast-track process amendment. I send the modification to This is not about whether we are for Congress and the President to use the desk. going to provide relief to the victims of these funds for tax relief with the re- The PRESIDING OFFICER. Is there fire, relief to the victims of floods or mainder going for deficit reduction. At objection to the modification of the storms. What we are talking about is the same time, our amendment would amendment? Without objection, it is so providing a reasonable, commonsense prohibit the Government from simply ordered. way to pay for it. That is something using those dollars for additional The amendment (No. 3490), as modi- that all of us in this body have said we spending. This is only fair, because, fied, is as follows: want to do. We want to balance this after all, these additional funds would At the end of title II of the committee sub- budget. We want to set priorities. become available only because of the stitute, add the following: Many people in this body opposed the hard work and productivity of the (a) Each amount provided in a nonexempt balanced budget amendment. When discretionary spending nondefense account they opposed that balanced budget American people. So it makes sense for fiscal year 1996 is reduced by the uniform then to return those dollars to the tax- percentage necessary to offset non-defense amendment, they said, ‘‘We do not payers to encourage even greater pro- discretionary amounts provided in this title. need a balanced budget amendment; we ductivity on their part rather than al- The reductions required by this subsection can do it ourselves. We have the ability lowing Congress to waste money that shall be implemented generally in accord- to set priorities in this body without is not even theirs to begin with. ance with section 251 of the Balanced Budget the hammer of a balanced budget All in all, our amendment is a simple and Emergency Deficit Control Act of 1985. amendment to the Constitution.’’ proposal to restore honesty and com- Mr. PRYOR. Mr. President, reserving It is put-up time. If, in fact, you be- mon sense to the budget process, allow the right to object, reserving the right lieve that we should have a balanced taxpayers to keep more of what they to object—— budget, then this is the first step to earn and also place further restrictions Mr. GRAMM. Mr. President, the making that happen—to stop this prac- on abusive Government spending. Chair had already ruled. tice of adding tens of billions of dol- Given the most recent demand on tax If I might say to my colleague, all I lars. Senator GRAMM articulated that dollars from the White House, it cer- did was take out a paragraph that cre- earlier in the debate, that we have tainly cannot have come at a better ated a point of order. It did not change added close to $100 billion to the deficit time. the nature of the amendment in any with these emergency declarations. Mr. President, our legislation has way. This is not just a billion dollars. To been endorsed by a number of citizens Mr. PRYOR. Mr. President, I under- many people who might be watching and taxpayer groups including the Na- stand the Chair had previously ruled. this debate who are not Senators, a bil- tional Taxpayers Union, Citizens for a Therefore, I have no objection to the lion dollars actually is a lot of money, Sound Economy, and the National Fed- Senator’s request. it sounds like a lot of money. Here it eration of Independent Businesses. The PRESIDING OFFICER. The does not sound like a lot of money. But With their support and the support of amendment is so modified. Who yields when you add up a billion here and our colleagues, I am confident that we time on the amendment? there, we have gotten to $100 billion can win a big victory for the American The Senator from Pennsylvania. over the last 6 years. That is a lot of taxpayer by passing the taxpayer pro- Mr. SANTORUM. Mr. President, money even for here. tection lockbox amendment this week. what Senator GRAMM did in his modi- So let us not continue this practice. Mr. President, that is the conclusion fication is really identical to what the If anyone has an interest in seeing that of my statement, and I ask for the yeas House has done in their bill. The House this disaster relief is passed, it is the and nays on my amendment. does actually declare an emergency, Senator from Pennsylvania. We have The PRESIDING OFFICER. Is there a but they actually do not exceed their had $1 billion in flood damage in our sufficient second? caps. What Senator GRAMM is going to commonwealth. We have had over 100 There is a sufficient second. do, the effect of his amendment is to people killed, 50,000 homes damaged or The yeas and nays were ordered. keep the emergency declared and pay destroyed, 2,000 businesses washed Mr. COCHRAN addressed chair. for it, so we do not exceed the overall away. We need that help, but we need The PRESIDING OFFICER. The Sen- budget cap as opposed to the caps on to do it responsibly. ator from Mississippi. specific subcommittees. I think that This Senator is not going to be a Mr. COCHRAN. Mr. President, it is makes perfectly good sense, to make hypocrite and say, ‘‘Well, I’m for re- my understanding the Senator does not sure that we pay for this within the ducing the deficit except, of course, want to push for a vote at this time on whole appropriations account as op- when the money comes home and then, his amendment. I assume he expects to posed to just targeting specific sub- well, let’s just spend it all.’’ I will vote get consent to set the vote on the committees because of these occasion- against this measure if we do not adopt March 13, 1996 CONGRESSIONAL RECORD — SENATE S1963 this, or something like it. I have sev- The assistant legislative clerk called outlays is for discretionary spending. eral other amendments. I am prepared the roll. When outlays from prior-year budget to stay here all night long offering The PRESIDING OFFICER. Are there authority and other completed actions amendment after amendment, which I any other Senators in the Chamber de- are taken into account, the Senate-re- will require votes on, to find some way siring to vote? ported bill totals $163.8 billion in budg- to pay for this disaster that is accept- The result was announced—yeas 55, et authority and $183 billion in outlays able to this body. nays 45, as follows: for discretionary spending in fiscal So I hope that we are in for a good [Rollcall Vote No. 32 Leg.] year 1996. day of votes, whether it is tonight or YEAS—55 The Senate-reported bill is below the tomorrow, because if we do not suc- Akaka Dorgan Levin 602(b) allocations of all subcommittees ceed, we are going to have votes and Baucus Exon Lieberman by a total of $4 million in BA and $38 you are going to have to stand up to Biden Feinstein Mikulski million in outlays. the American public and say, ‘‘This is Bingaman Ford Moseley-Braun Boxer Glenn Moynihan The Senate-reported bill is $23.9 bil- not the way to do business. The way to Bradley Graham Murray lion in budget authority and $9.2 bil- Breaux Harkin Nunn do business is to add it on to the defi- lion in outlays below the President’s cit. Fine, but we are going to be here.’’ Bryan Hatfield Pell Bumpers Heflin Pryor budget request of just over a year ago. I am going to be here tonight, tomor- Byrd Hollings Reid The Senate bill is $6.4 billion in budget row, the next day, whatever it takes, so Campbell Inouye Robb authority and $3.9 billion in outlays we do this responsibly. I hope we do it Chafee Jeffords Rockefeller below the 1995 level. It is $836 million on a bipartisan basis. Balancing the Cochran Johnston Sarbanes Conrad Kempthorne Simon in BA above the House-passed bill and budget is a bipartisan affair, and it is Craig Kennedy Stevens $99 million in outlays below the House- something I know we all want to do. D’Amato Kerrey Wellstone passed bill. Let us put into practice tonight what Daschle Kerry Wyden Dodd Lautenberg While I may not agree with all of the we preach. Dole Leahy Mr. President, I yield the floor. priorities established by this bill, I Mr. COCHRAN addressed the Chair. NAYS—45 would like to thank the chairman for The PRESIDING OFFICER. The Sen- Abraham Gramm McConnell the $22 million increase above the con- Ashcroft Grams Murkowski ference level provided for the Legal ator from Mississippi. Bennett Grassley Nickles Mr. COCHRAN. Mr. President, I Bond Gregg Pressler Services Corporation. The bill provides think this issue has been fully dis- Brown Hatch Roth $300 million for this purpose, and an- cussed on the floor tonight. I know Burns Helms Santorum other $9 million if Congress and the Coats Hutchison Shelby President reach a budget agreement. Senator HATFIELD, when he was here a Cohen Inhofe Simpson moment ago discussing the issue, laid Coverdell Kassebaum Smith We have worked very closely with out all the reasons why this amend- DeWine Kohl Snowe the House on restructuring the Legal Domenici Kyl Specter ment is not a good idea. Faircloth Lott Thomas Services Corporation to disengage In 1990, there was a long, drawn-out Feingold Lugar Thompson grantees involvement in controversial negotiation over procedures in the Frist Mack Thurmond litigation, and restrict them to provid- budget and how appropriations would Gorton McCain Warner ing traditional legal services for the be made in case of national emer- So the motion to lay on the table the poor. While some may not like these gencies and whether or not they were amendment (No. 3490) was agreed to. restrictions, they are necessary to con- under the same requirements for off- Mr. HATFIELD. Mr. President, I trol the controversial activities of sets as routine operating expenses move to reconsider the vote and I move some grantees and to protect LSC from were. to lay it on the table. the negative perceptions of those who It was decided by the Congress in The motion to lay on the table was wish to see its termination. 1990, in concert with the administra- agreed to. I have been very concerned about the tion, a Republican administration, that Mr. DOMENICI. Mr. President, this is proposed $414 million reduction in title these would be the rules. a very critical day in the U.S. Senate. I, education for the disadvantaged. I This amendment is an effort to legis- By adopting this omnibus appropria- am thankful to Senator SPECTER for of- late a rules change on an appropriations bill we will be providing critical fering an amendment during the Sen- tions bill. We think it an amendment funding to programs on which many ate committee markup and a further that ought to be rejected by the Sen- Americans depend. If the President amendment on the floor that restored ate. Therefore, I am prepared to yield signs this bill, then service providers of $814.5 million to the title I program, back the remainder of the time on this every sort will be able to better plan $1.3 billion higher than the conference side of the amendment and hope others their budgets for the remainder of the level and $110 million higher than the will yield back their time, and I then year and the upcoming fiscal year. 1995 level. It is vitally important that we have will move to table the amendment and I am empathetic to the use of a con- put together a bill that the President ask for the yeas and nays. tingency appropriations to provide ad- With that understanding, I yield should be able to sign. I wish to thank ditional funding for discretionary pri- back all the time on this side on the the distinguished chairman, Senator orities. I realize that the discretionary amendment. HATFIELD for the fine job he has done spending caps have been very tight on The PRESIDING OFFICER. Does the to try and address the administration’s the Appropriations Committee this Senator from Pennsylvania yield back concerns in this bill. year as we seek a balanced Federal his time? Title I of the Senate-reported omni- budget. Mr. SANTORUM. I yield back the re- bus appropriations bill provides $331.9 mainder of my time. billion in budget authority and $247 bil- With a broader budget agreement re- Mr. COCHRAN. Mr. President, I move lion in new outlays for the remainder maining elusive, I can appreciate the to table the amendment, and I ask for of fiscal year 1996 for the Departments frustration of the Appropriations Sub- the yeas and nays. and Agencies funded by the five appro- committee chairmen in trying to live The PRESIDING OFFICER. Is there a priation bills not yet enacted, includ- within these tight appropriation caps. sufficient second? ing: Labor, Health and Human Serv- I remain concerned about attempts There appears to be a sufficient sec- ices, and Education; Commerce, Jus- to use entitlement reforms contained ond. tice, and State, the Judiciary, and Re- in the Balanced Budget Act to offset The yeas and nays were ordered. lated Agencies; Veterans Affairs and discretionary spending included in this The PRESIDING OFFICER. The Housing and Urban Development and bill as contingency funding, and with question is on agreeing to the motion Independent Agencies; Interior; and the possible use of the emergency des- to lay on the table amendment No. District of Columbia. ignation that one could argue in some 3490. The yeas and nays have been or- Of this amount, $149.4 billion in budg- cases does not fit the traditional defi- dered. The clerk will call the roll. et authority and $78.4 billion in new nition of such expenditures. S1964 CONGRESSIONAL RECORD — SENATE March 13, 1996 Overall, I believe the committee has and the President to work toward a displaying the budgetary effects of this done a very good job on this bill. The budget agreement. It provides disaster bill be placed in the RECORD at this committee has tried to address signifi- aid and support for the United States point. cant priorities in the remaining bills. military mission in Bosnia. I urge the It provides funding to meet the Presi- Senate to adopt the bill. There being no objection, the table dent’s major domestic concerns but Mr. President, I ask unanimous con- was ordered to be printed in the continues to pressure both Congress sent that a Budget Committee table RECORD, as follows: CONSOLIDATED OMNIBUS RESCISSIONS AND APPROPRIATIONS BILL [Spending totals—Senate-reported bill] [Fiscal year 1996, in millions of dollars]

Commerce-Justice Labor-HHS Interior VA–HUD District of Columbia Total Budget Budget Budget Budget Budget Budget authority Outlays authority Outlays authority Outlays authority Outlays authority Outlays authority Outlays

Defense discretionary: Outlays from prior-year BA and other actions completed ...... 0 92 ...... 0 78 ...... 0 170 H.R. 3019, as reported to the Senate ...... 151 125 ...... 153 92 ...... 304 218 Scorekeeping adjustment ...... 0 0 ...... 0 0 ...... 0 0 Subtotal defense discretionary ...... 151 217 ...... 153 170 ...... 304 387

Nondefense discretionary: Outlays from prior-year BA and other actions completed ...... 0 6,561 15,297 47,368 148 5,002 ¥1,113 44,345 0 0 14,332 103,545 H.R. 3019, as reported to the Senate ...... 22,658 17,195 46,776 20,836 12,092 8,210 62,914 29,919 727 727 145,168 76,887 Scorekeeping adjustment ...... 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal nondefense discretionary ...... 22,658 23,756 62,073 68,472 12,239 13,213 61,801 74,265 727 727 159,500 180,431

Violent crime reduction trust fund: Outlays from prior-year BA and other actions completed ...... 0 826 32 21 ...... 32 847 H.R. 3019, as reported to the Senate ...... 3,956 1,286 21 4 ...... 3,977 1,290 Scorekeeping adjustment ...... 0 0 0 0 ...... 0 0 Subtotal violent crime reduction trust fund ...... 3,956 2,112 53 25 ...... 4,009 2,137

Mandatory: Outlays from prior-year BA and other actions completed ...... 2 20 38,687 40,804 0 24 0 133 ...... 38,689 40,981 H.R. 3019, as reported to the Senate ...... 503 480 161,850 150,864 59 25 20,043 17,213 ...... 182,455 168,583 Adjustment to conform mandatory programs with Budget Resolution assumptions ...... 27 25 4,673 14,012 6 6 ¥905 341 ...... 3,801 14,384 Subtotal mandatory ...... 532 525 205,210 205,680 65 55 19,138 17,688 0 0 224,945 223,948

Adjusted bill total ...... 27,297 26,610 267,336 274,177 12,304 13,268 81,093 92,123 727 727 388,758 406,904

Senate Subcommittee 602(b) allocation: Defense discretionary ...... 151 218 0 0 0 0 154 170 ...... 305 388 Nondefense discretionary ...... 22,659 23,762 62,074 68,478 12,241 13,215 61,802 74,270 727 727 159,503 180,452 Violent crime reduction trust fund ...... 3,956 2,113 53 44 0 0 0 0 ...... 4,009 2,157 Mandatory ...... 532 525 205,210 205,680 65 55 19,138 17,688 ...... 224,945 223,948 Total allocation ...... 27,298 26,618 267,337 274,202 12,306 13,270 81,094 92,128 ...... 388,035 406,218

Adjusted bill total compared to Senate Subcommittee 602(b) allocation: Defense discretionary ...... 0 ¥1 0 0 0 0 ¥1 ¥0 ...... ¥1 ¥1 Nondefense discretionary ...... ¥1 ¥6 ¥1 ¥6 ¥2 ¥2 ¥1 ¥5 0 0 ¥3 ¥21 Violent crime reduction trust fund ...... ¥0 ¥1 0 ¥19 0 0 0 0 ...... ¥0 ¥20 Mandatory ...... 0 0 0 0 0 0 0 0 ...... 0 0

Total allocation ...... ¥1 ¥8 ¥1 ¥25 ¥2 ¥2 ¥1 ¥5 ...... ¥4 ¥41 Note: Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

THE SPECTER AMENDMENT On the other hand, both the Daschle the necessary upgrades will be per- Mr. ABRAHAM. Mr. President, I and Specter amendments also provided formed on these aircraft in the United want to take a moment of the Senate’s an additional $60 million for President States prior to making them available time to discuss the Specter education Clinton’s Goals 2000 Program. I want to to Jordan. If that is the case, I will amendment to the continuing resolu- make clear that my support for the support the committee’s recommendation—S. 1594. As you know, the Senate Specter amendment should not be in- tion, because I believe the required adopted the Specter amendment yes- terpreted as support for this program. work will enhance the defense indus- terday by a vote of 84 to 16. This Instead of funding Goals 2000, I would trial base. amendment provides $2.7 billion in ad- have preferred to use the funding for Mr. President, I would ask the junior ditional funding for Head Start, job education vouchers or charter schools. Senator from Kentucky, who serves as training, title I, and other education TRANSFER OF F–16 AIRCRAFT TO JORDAN the chairman of the Foreign Oper- programs. Given that these additional Mrs. HUTCHISON. Mr. President, I ations Subcommittee, who has served funds are fully offset by spending cuts rise to speak on a matter which could on that subcommittee as a champion of elsewhere, I supported the amendment. profoundly affect the U.S. defense in- U.S. private sector exports and who has dustrial base. It is my understanding Senator SPECTER offered his amend- insisted that American foreign aid pro- that the Committee on Appropriations grams serve our national interests, is ment in the second degree to the recommends the appropriation of an Daschle amendment. Like the Specter this what the committee intends by its additional $70 million in fiscal year recommendation? Does the committee amendment, Senator DASCHLE’s amend- 1996 funds for the Foreign Military Fi- intend that engine upgrades and struc- ment would have provided additional nancing Program. These funds would tural upgrades will be made by the U.S. funding for various Federal education be joined with $30 million in previously private sector prior to the lease of programs. Unlike the Specter amend- appropriated funds to provide initial these F–16’s to Jordan? ment, however, the Daschle amend- grant funding in support of the transfer ment was not fully offset and violated of F–16 aircraft to Jordan. Ultimately, Mr. MCCONNELL. Mr. President, I the Budget Act. In other words, while 16 F–16 aircraft are to be upgraded and can answer my colleague’s question both amendments provided additional then leased to Jordan in support of its very directly and without ambiguity. funding for education programs, the participation in the Middle East peace Yes. Specter amendment provides those process. Yes, the Subcommittee on Foreign funds in a responsible manner that Mr. President, I have recently re- Operations recognizes the commitment does not bust the budget. ceived information which suggests that that Jordan has made to peace in the March 13, 1996 CONGRESSIONAL RECORD — SENATE S1965 Middle East. Jordan has joined with Is- But today, Americans understand tween work and personal progress, and rael in a treaty of peace. The sub- that the ground underneath them is breeds the anger and cynicism that are committee believes that the lease of F– shifting—they have seen their work poisoning our society and our political 16 aircraft to Jordan, a transfer of mili- and workplaces transformed by new debate. tary equipment which is supported by technologies and global competition. I believe there are clear, common- Israel, will strengthen Jordan mili- These changes and their consequences sense, approaches that must be fol- tarily and provide a strong signal of are as profound as the economic shifts lowed to enable all Americans to gain United States support for King Hussein that moved us from farms to factories the fruits of our success. and the people of Jordan as partners more than a century ago. Now, as then, Our trade and monetary policies with Israel in the quest for peace in the there is no way to reverse the tide. must work for working people. We need Middle East. Now, as then, the fortunes of working trade agreements based on only giving It is the subcommittee’s intention people are uncertain as the landscape access when we get exactly that for our that the grant funding which we rec- around them is remade. products. We have to say no to agree- ommend to finance the required up- Working Americans have reason to ments that push our jobs across our grades will be used to support the U.S. be worried, reasons, even, to be angry. borders. Let’s live in the real world, private sector and further serve U.S. They are working harder than ever, but and demand other countries to live up interests by enhancing the defense in- their jobs are less secure, their wages to environmental and labor standards dustrial base. While third countries are stagnant, and their benefits and they avoid to get the upper hand. may participate in maintenance pro- pensions are shrinking. All this when The Fed should be as aggressive in grams at a later date, the subcommit- company profits and CEO salaries are promoting growth to benefit workers tee believes that, insofar as the up- rising. as they are with managing inflation to grades are concerned, the original U.S. Parents are putting in more hours at benefit bondholders. manufacturer can best insure quality the office. Precious time taken from And we must have investments in control, cost management, and inter- Little League games and PTA meetings education, training, infrastructure, and operability with U.S. Air Force units. and family dinners. And the strain—on technology that produce dividends for Mrs. HUTCHISON. Mr. President, I families, schools, neighborhoods, on working people here at home. Invest- thank the Senator from Kentucky. I what makes a civil society—is all too ments in people are every bit as impor- think that we have clearly established apparent. tant as investment in equipment. But the intent of the Senate. These aircraft At the same time, Mr. President, unless that’s better known and under- are to be provided to Jordan, in sup- ‘‘Reaganomics’’ can’t seem to dis- stood, human investments will keep port of Jordan’s participation in the appear for good, no matter how clear shriveling through the budget cuts al- Middle East peace process. Further- the evidence is from the 1980’s that this ready being made. Behind the banner of more, to support U.S. exports and to is a dangerous course and bad economic a balanced budget, we are in danger of help preserve the private sector defense policy. The Reagan manifesto might surrendering what really spreads op- industrial base, the required engine, have been written for a Warren G. Har- portunity in America—the chance to structural, and related upgrades are to ding campaign speech. Big tax breaks learn, to train, and to excel. be performed in the United States. for top-income earners and corpora- Investments in science and tech- f tions—a trickle from the top will grow nology are a key part of the solution. jobs and wages. Drop safety standards As the President’s Council of Economic PRESERVE TECHNOLOGY and environmental safeguards—an in- Advisors recently reported, invest- INVESTMENTS visible hand will protect workers and ments in innovation have been respon- Mr. ROCKEFELLER. Mr. President, I consumers. Push the disabled, elderly, sible for almost one-half of the Na- strongly endorse the Hollings-Daschle- and poor children off the wagon. tion’s economic growth. Kerrey-Lieberman-Bingaman-Rocke- In a trance, Congress cooperated in This Nation has had a 50-year consen- feller-Kerry Amendment to H.R. 3019 the eighties when Reagan told them to sus on investments in science in tech- that was debated last night, and to cut taxes on the rich and corporations. nology. We have made these invest- praise Senator HOLLINGS for offering In the last decade tax rates for top-in- ments to expand the basic store of this amendment that I cosponsored. come brackets were lowered from 70 knowledge both because of our explor- This amendment would have restored percent to 40 percent. And, the share of ing, inquisitive nature and because we funds for three key Department of the tax burden that corporations pay know the benefits are unpredictable. Commerce programs: the Advanced has been reduced from 15 percent to 10 We have invested in biological research Technology Program, National Tele- percent over the last decade. that improves our ability to feed our communications and Information Ad- The minimum wage was stunted. people and attack disease. And we have ministration (NTIA) Telecommuni- And, domestic spending was cut from invested in new technologies in support cations and Information Infrastructure nearly 5 percent of the Federal budget of Federal missions, technologies that Assistance Program, and Technology to about 31⁄2 percent since 1980. created new industries and jobs in avia- Administration as well as funding for To what end? Some people bene- tion, electronics, software, and commu- Educational and Environmental Tech- fitted—some a whole lot. Since 1980, nications. nologies. Restoring these funds is es- more than $800 billion was added to But those very programs that are sential to making progress in generat- household incomes—but 98 percent of key to our technological progress are ing more jobs for Americans, a better that money went to the richest 20 per- now under threat. If it had passed, our education system, protecting the envi- cent. That means all the rest, 80 per- Hollings-Daschle-Kerry Amendment ronment, and maintaining our Nation’s cent of American households, shared would have lessened that threat by re- ability to compete and excel in re- just 2 percent of the gains. In fact, the storing funds for technology programs search. average American family is now get- that invest in new innovations with As a nation, we have used the best ting by on less than they had in 1980. broad benefits for the Nation. mix of individual innovation and na- For a fortunate handful of Ameri- Recently, we have realized that with tional cooperative efforts to develop cans, the transformation from an in- fierce global competition, this Nation the most advanced and most produc- dustrial to an information economy of- must invest in innovation to advance tive economy in the world. Cooperative fers unlimited opportunity and fantas- economic growth. We are investing in government and industry investments tic profit. But for most, right now, this the Advanced Technology Program have brought us computers, the new economy demands more and offers with bipartisan support. Internet, new treatments for disease, a less—it demands more education, more President Bush’s science advisor, D. better environment, and the moon. And skills, more flexibility, more time; but Allan Bromley, realized that we can these investments have brought us new offers less pay, less benefits, and less support key technologies without in- industries; high-quality, high-paying security. Working families are running tervening in the market’s selection of jobs; and an improved standard of liv- faster and losing ground—a raw deal winners and losers. The Advanced ing. that undermines the crucial link be- Technology Program was first funded S1966 CONGRESSIONAL RECORD — SENATE March 13, 1996 in 1991 under President George Bush. work and fair play, of balance between Murkowski—Salmon. This program is important because it business and worker, of investment in Murkowski—Greens Creek. invests in precompetitive or generic people and technology should guide us Murkowski—Study. Cohen—Legal Services. technologies, in the neglected zone beas we meet the challenges of today and Stevens—Relevant. tween pure research and product devel- the future. Stevens—Relevant. opment. These technologies are essen- With the continued leadership of Sen- Stevens—Sematech. tial to technological progress for sev- ator HOLLINGS for America’s economic Stevens—R&D camera. eral industries or companies and are strength and jobs, I will persist as well Stevens—Interior floods. too risky for individual companies to in pressing the case for the invest- Gorton—Medical Center—VA. fund on their own. The ATP will help ments that our amendment attempted Gorton—Administrative accounts adjust- to develop new technologies and new to rescue. We will not give up, because ment. Gorton—Relevant. industries before other countries do. jobs for our people and the American Kempthorne—Interior floods. We must keep investing in the De- dream are at stake. Grams—Lockbox. partment of Commerce Technology Ad- Mr. LAUTENBERG. Mr. President, I McConnell—FBI. ministration. This is the one office in suggest the absence of a quorum. Bond—Relevant. the Federal Government that is dedi- The PRESIDING OFFICER. The Bond—Relevant. cated to advancing national invest- clerk will call the roll. Bond—Relevant. ments in technology in support of eco- The legislative clerk proceeded to Bond—Relevant. Bond—Relevant. nomic growth. TA works to develop call the roll. Cochran—Relevant. policies and partnerships that assist in- Mr. HATFIELD. Mr. President, I ask Dole—Relevant. dustrial innovation. And the office is unanimous consent that the order for Dole—Relevant. supporting cooperative technology ven- the quorum call be rescinded. Cohen—DOD. tures between United States and Israeli The PRESIDING OFFICER (Mr. Chafee—Relevant. companies that will be a win-win effort McCAIN). Without objection, it is so McCain—(3)/Relevant. for both nations. This commitment is ordered. Warner—Relevant. DEMOCRATIC AMENDMENTS especially crucial now, as Israel reels UNANIMOUS-CONSENT AGREEMENT from a string of devastating terrorist Mr. HATFIELD. Mr. President, I ask Boxer—D.C. abortion funds. attacks. unanimous consent that the following Bradley—Relevant. Bumpers—Legal Services. We must keep investing in edu- amendments be the only remaining cational technologies, technologies Byrd: first-degree amendments in order to (1) Relevant. that will improve classroom learning H.R. 3019, that they be subject to rel- (2) Relevant. and increase our student’s chance to evant second-degrees, and following the (3) Relevant. excel and succeed. disposition of the amendments, the (4) Relevant. And we must invest in connecting Senate proceed to vote on the Hatfield (5) Relevant. schools, libraries, and hospitals to the substitute, as amended, the bill then be (6) Relevant. world of the Internet. Funding grants Daschle: read for the third time, and the Senate (1) Inhalants. from the National Telecommunications proceed to final passage of H.R. 3019, and Information Administration (2) Crop insurance. all without any intervening action or (3) Watertown SD. [NTIA] Telecommunications and Infor- debate. (4) Relevant. mation Infrastructure Assistance Pro- The list of amendments follows: (5) Relevant. gram [TIIAP] will enable these institu- (6) Relevant. REPUBLICAN AMENDMENTS tions to develop new applications that (7) Relevant. will increase students skills, improve Jeffords—Technical to D.C. provisions. (8) Relevant. Jeffords—Technical to D.C. provisions. Dorgan—Defense (with/Conrad). health care, and extend telephone serv- Jeffords—Relevant. ice in rural areas. This is particularly Harkin—Health care. Faircloth—Bosnia funding. Kennedy—Drug exports. important to my home State of West Burns—Relevant. Lautenberg: Virginia, a heavily rural State. A Burns—Relevant. (1) Environment. TIIAP grant to the State library sys- Burns—Relevant. (2) Environment. tem will give citizens of West Virginia Helms—International Family Planning/ (3) Relevant. access to information around the globe. Abortion. Mikulski—National service. Helms—N.C. Hospital. Murray—Timber sales. We must keep investing in new, inno- Helms—Waiver of authority. vative environmental technologies, Pryor—Drugs. Helms—Abortion. Ried—Relevant. that will result in higher levels of envi- Helms—Relevant. Simon: ronmental protection at lower costs for Helms—Relevant. (1) Literacy/longer schoolyear. industry. These new technologies offer Coverdell—Relevant. (2) National Secondary Education Pro- U.S. companies opportunities for in- Brown—Relevant. gram. creased exports and more jobs here at Brown—Relevant. (3) Relevant. Coats—Abortion accreditation. Wellstone: home. McConnell—Mexico City policy. These programs are essential invest- (1) SoS Liheap. Gramm—Emergency provisions. (2) Relevant. ments to our Nation’s economic future. Gramm—Housing. They mean new industries and high- Levin—Relevant. Gramm—State Welfare Program. Leahy—Relevant. quality, high-wage jobs. They mean an Gramm—Contingency provisions. Johnston—Water Resources Den. Act. improved environment. They mean a Gramm—Legal Services. Breaux—Relevant. better education and greater opportu- Gramm—Community assistance. Lautenberg—FAA employee rights. Santorum—Emergency provisions. nities for students and workers. Baucus—Relevant. Santorum—Offset disaster assistance. Our Nation must act—if we do not, Biden—Relevant. Santorum—Offset disaster assistance/con- our competitors are ready to take ad- ferees. The PRESIDING OFFICER. Is there vantage. While we are considering cut- Santorum—Funding cut in title I. objection to the request? ting our investments in nondefense Santorum—Salary/expense cut in title I. Without objection, it is so ordered. R&D by 30 percent by 2002, Japan is Hatch—Drug czar. Mr. HATFIELD. Mr. President, I ask about to double its Government’s in- Craig—Legal Services Corp. unanimous consent that the Senate vestments. Shelby—Drug czar. turn to the consideration, at 9:30, We cannot go back and we should not Hatfield—Relevant. Thursday, of the Murray timber sal- Hatfield—Relevant. go back—old policies need to change to vage amendment, and there be 21⁄2 Hatfield—Amalgamated millsite. meet new needs. But we should hold on Lott—Relevant. hours of debate, equally divided be- to what we learned in that earlier era, Lott—Relevant. tween Senators MURRAY and HATFIELD, and carry those lessons into the 1990’s Lott—Relevant. or his designee; further, that no sec- and the 21st century. Lessons of hard Murkowski—Canned salmon. ond-degree amendments be in order to March 13, 1996 CONGRESSIONAL RECORD — SENATE S1967 the amendment, and at the expiration investigation and related information give the nomination the same careful or yielding back of debate time, the concerning Commander Stumpf, and consideration it would give any nomi- Senate proceed to a vote on or in rela- subsequently provided additional infor- nee. tion to the Murray amendment. mation in response to requests from f The PRESIDING OFFICER. Without the committee. On October 25, 1995, the MESSAGES FROM THE HOUSE objection, it is so ordered. committee met in closed session—con- Mr. HATFIELD. Mr. President, I sistent with longstanding practice—to At 2 p.m., a message from the House yield the floor. consider a number of nominations and of Representatives, delivered by Ms. f to consider the matter involving Com- Goetz, one of its reading clerks, announced that the House agrees to the THE BAD DEBT BOXSCORE mander Stumpf. The committee directed the Chairman and Ranking report of the committee of conference Mr. HELMS. Mr. President, 4 years Member to advise the Secretary of the on the disagreeing votes of the two ago when I commenced these daily re- Navy that ‘‘had the information re- Houses on the amendment of the Sen- ports to the Senate it was my purpose garding Commander Stumpf’s activi- ate to the Bill (H.R. 1561) to consoli- to make a matter of daily record the ties surrounding Tailhook ‘91 been date the foreign affairs agencies of the exact Federal debt as of the close of available to the committee, as re- United States; to authorize appropria- business the previous day. tions for the Department of State and In that first report (February 27, 1992) quired, at the time of the nomination, the committee would not have rec- related agencies for fiscal year 1996 and the Federal debt the previous day stood 1997; to responsibly reduce the author- at $3,825,891,293,066.80, as of close of ommended that the Senate confirm his izations of appropriations for United business. The point is, the Federal debt nomination to the grade of Captain.’’ States foreign assistance programs for has since shot further into the strato- The committee also directed that the fiscal years 1996 and 1997, and for other sphere. As of yesterday at the close of letter advise the Secretary that: ‘‘The purposes. business, a total of $1,191,392,298,843.23 committee recognizes that, in light of The message also announced that the has been added to the Federal debt the Senate having earlier given its ad- House agrees to the amendments of the since February 26, 1992. vice and consent to Commander This means that as of the close of Stumpf’s nomination, the decision to Senate to the bill (H.R. 2036) to amend business yesterday, Tuesday, March 12, promote him rests solely with the Ex- the Solid Waste Disposal Act to make 1996, the Federal debt total was exactly ecutive Branch.’’ A draft letter was certain adjustments in the land dis- $5,017,283,591,910.03. (On a per capita prepared, made available for review by posal program to provide needed flexi- basis, every man, woman, and child in all members of the committee, and was bility, and for other purposes. America owes $19,044.03 as his or her transmitted to the Secretary on No- The message also announced that the share of the Federal debt.) vember 13, 1995. On December 22, 1995, House has passed the following bills and joint resolution, in which it re- f the Secretary of the Navy removed Commander Stumpf’s name from the quests the concurrence of the Senate: THE NOMINATION OF COMMANDER promotion list. H.R. 2064. An act to grant the consent of ROBERT STUMPF The committee met on March 12, Congress to an amendment of the Historic Mr. THURMOND. Mr. President, the 1996, to review the committee’s proce- Chattahoochee Compact between the States Senate Armed Services Committee dures for considering Navy and Marine of Alabama and Georgia. H.R. 2276. An act to establish the Federal agreed on March 13, 1996 to issue the Corps nominations in the aftermath of Aviation Administration as an independent following statement concerning the Tailhook. At that meeting, the com- establishment in the executive branch, and consideration of the nomination of mittee reviewed the proceedings con- for other purposes. Commander Robert Stumpf, U.S. Navy. cerning Commander Stumpf. H.R. 2685. An act to repeal the Medicare On March 11, 1994, the President sub- The committee, in considering the and Medicaid Coverage Data Bank. mitted various nominations for pro- promotion of Commander Stumpf, H.R. 2972. An act to authorize appropria- motion in the Navy to the grade of acted in good faith and in accordance tions for the Securities and Exchange Com- Captain (0–6), including a list contain- with established rules and procedures, mission, to reduce the fees collected under ing the nomination of Commander the Federal securities laws, and for other including procedures designed to pro- purposes. Stumpf. On the same date, the Assist- tect the privacy and reputation of H.J.Res. 78. Joint resolution to grant the ant Secretary of Defense, in the letter nominees, with appropriate regard for consent of the Congress to certain additional required by the committee on all Navy the rights of Commander Stumpf. The powers conferred upon the Bi-State Develop- and Marine Corps nominees, advised Chief of Naval Operations has testified ment Agency by the States of Missouri and the committee that none of the officers that he believes such confidentiality Illinois. had been identified as potentially im- should be maintained. The committee The message further announced that plicated on matters related to made its November 13, 1995 rec- the House agrees to the following con- Tailhook. The list was reported favor- ommendation based upon information current resolution, in which it requests ably to the Senate on May 19, 1994, and that was made available by the Navy. the concurrence of the Senate: all nominations on the list were con- At the present time, no nomination H. Con. Res. 149. Concurrent resolution firmed by the Senate on May 24, 1994. concerning Commander Stumpf is condemning terror attacks in Israel. Subsequent to the Senate’s confirma- pending before the committee, and the f tion of the list, but prior to the ap- Secretary of the Navy has removed his pointment by the President of Com- name from the promotion list. The MEASURES REFERRED mander Stumpf to the grade of Cap- committee has been advised by the The following bills were read the first tain, the committee was advised by the Navy’s General Counsel that this ad- and second times by unanimous con- Department of Defense that the March ministrative action taken by the Sec- sent and referred as indicated: 11, 1994 letter had been in error because retary of the Navy is final and that the H.R. 2276. An act to establish the Federal the Navy had failed to inform the Of- Secretary cannot act unilaterally to Aviation Administration as an independent fice of the Secretary of Defense that promote Commander Stumpf. establishment in the executive branch, and Commander Stumpf had been identified The committee notes that much of for other purposes; to the Committee on as potentially implicated in Tailhook. the material that has appeared in the Commerce, Science, and Transportation. H.R. 2685. An act to repeal the Medicare On June 30, 1994, the committee re- media about the substantive and proce- and Medicaid Coverage Data Bank; to the quested that the Navy withhold action dural issues concerning this matter, is Committee on Finance. on the promotion until the committee inaccurate and incomplete. H.R. 2972. An act to authorize appropria- had an opportunity to review the infor- As with any nominee whose name has tions for the Securities and Exchange Com- mation that had not been made avail- been removed from a promotion list, mission, to reduce the fees collected under able to the Senate during the confirma- Commander Stumpf remains eligible the Federal securities laws, and for other tion proceedings. for further nomination by the Presi- purposes. On April 4, 1995, the Navy provided dent. If he is nominated again for pro- The following concurrent resolution the Committee with the report of the motion to Captain, the committee will was read and referred as indicated: S1968 CONGRESSIONAL RECORD — SENATE March 13, 1996 H. Con. Res. 149. Concurrent resolution ant to law, the report under the Federal EC–2079. A communication from the Execu- condemning terror attacks in Israel, to the Managers’ Financial Integrity Act for fiscal tive Director of the State Justice Institute, Committee on Foreign Relations. year 1995; to the Committee on Govern- transmitting, pursuant to law, the report f mental Affairs. under the Federal Managers’ Financial In- EC–2065. A communication from the Chair- tegrity Act for fiscal year 1995; to the Com- MEASURE PLACED ON THE man of the U.S. International Trade Com- mittee on Governmental Affairs. CALENDAR mission, transmitting, pursuant to law, the EC–2080. A communication from the Execu- report under the Federal Managers’ Finan- tive Director of the U.S. National Commis- The following measure was read the cial Integrity Act for fiscal year 1995; to the sion on Libraries and Information Science, first and second times by unanimous Committee on Governmental Affairs. transmitting, pursuant to law, the report consent and placed on the calendar: EC–2066. A communication from the Direc- under the Federal Managers’ Financial In- H.R. 2064. An act to grant the consent of tor of the Federal Mediation and Concilia- tegrity Act for fiscal year 1995; to the Com- Congress to an amendment of the Historic tion Service, transmitting, pursuant to law, mittee on Governmental Affairs. Chattahoochee Compact between the States the report under the Federal Managers’ Fi- EC–2081. A communication from the Chair- of Alabama and Georgia. nancial Integrity Act for fiscal year 1995; to man of the U.S. Commission For the Preser- the Committee on Governmental Affairs. f vation of America’s Heritage Abroad, trans- EC–2067. A communication from the Office mitting, pursuant to law, the report under EXECUTIVE AND OTHER of Special Counsel, transmitting, pursuant the Federal Managers’ Financial Integrity COMMUNICATIONS to law, the report under the Federal Man- Act for fiscal year 1995; to the Committee on agers’ Financial Integrity Act for fiscal year Governmental Affairs. The following communications were 1995; to the Committee on Governmental Af- EC–2082. A communication from the Chair- laid before the Senate, together with fairs. man and Chief Executive Officer of the Farm EC–2068. A communication from the Direc- accompanying papers, reports, and doc- Credit Administration, transmitting, pursu- tor of the U.S. Trade and Development Agen- uments, which were referred as indi- ant to law, the report under the Federal cy, transmitting, pursuant to law, the report Managers’ Financial Integrity Act for fiscal cated: under the Federal Managers’ Financial In- year 1995; to the Committee on Govern- EC–2054. A communication from the Dis- tegrity Act for fiscal year 1995; to the Com- mental Affairs. trict of Columbia Auditor, transmitting, pur- mittee on Governmental Affairs. EC–2083. A communication from the Fed- suant to law, the report entitled ‘‘Program EC–2069. A communication from the Chair- eral Co-Chairman of the Appalachian Re- Review of the Economic Development Fi- man of the U.S. Equal Employment Oppor- gional Commission, transmitting, pursuant nance Corporation for Fiscal Year 1994’’; to tunity Commission, transmitting, pursuant to law, the report under the Federal Man- the Committee on Governmental Affairs. to law, the report under the Federal Man- agers’ Financial Integrity Act for fiscal year EC–2055. A communication from the Direc- agers’ Financial Integrity Act for fiscal year 1995; to the Committee on Governmental Af- tor of the Office of Administration, Execu- 1995; to the Committee on Governmental Af- fairs. tive Office of the President, transmitting, fairs. EC–2084. A communication from the Attor- pursuant to law, the report under the Fed- EC–2070. A communication from the Chair- ney General, transmitting, pursuant to law, eral Managers’ Financial Integrity Act for man of the U.S. Consumer Product Safety the report under the Federal Managers’ Fi- fiscal year 1995; to the Committee on Gov- Commission, transmitting, pursuant to law, nancial Integrity Act for fiscal year 1995; to ernmental Affairs. the report under the Federal Managers’ Fi- nancial Integrity Act for fiscal year 1995; to the Committee on Governmental Affairs. EC–2056. A communication from the Direc- EC–2085. A communication from the Chair- tor of the Federal Emergency Management the Committee on Governmental Affairs. EC–2071. A communication from the Direc- man of the National Endowment for the Agency, transmitting, pursuant to law, the Arts, transmitting, pursuant to law, the re- report under the Federal Managers’ Finan- tor of the U.S. Arms Control and Disar- mament Agency, transmitting, pursuant to port under the Federal Managers’ Financial cial Integrity Act for fiscal year 1995; to the Integrity Act for fiscal year 1995; to the Committee on Governmental Affairs. law, the report under the Federal Managers’ Financial Integrity Act for fiscal year 1995; Committee on Governmental Affairs. EC–2057. A communication from the Sec- EC–2086. A communication from the Direc- retary of the Interior, transmitting, pursu- to the Committee on Governmental Affairs. EC–2072. A communication from the Direc- tor of the Morris K. Udall Scholarship and ant to law, the report under the Federal Excellence in National Environment Policy Managers’ Financial Integrity Act for fiscal tor of the U.S. Information Agency, transmitting, pursuant to law, the report under Foundation, transmitting, pursuant to law, year 1995; to the Committee on Govern- the report under the Federal Managers’ Fi- mental Affairs. the Federal Managers’ Financial Integrity Act for fiscal year 1995; to the Committee on nancial Integrity Act for fiscal year 1995; to EC–2058. A communication from the Sec- the Committee on Governmental Affairs. retary of Agriculture, transmitting, pursu- Governmental Affairs. EC–2073. A communication from the Chair- EC–2087. A communication from the Chair- ant to law, the report under the Federal man of the Federal Communications Com- person of the Appraisal Subcommittee of the Managers’ Financial Integrity Act for fiscal mission, transmitting, pursuant to law, the Federal Financial Institutions Examination year 1995; to the Committee on Govern- report under the Federal Managers’ Finan- Council, transmitting, pursuant to law, the mental Affairs. cial Integrity Act for fiscal year 1995; to the report under the Federal Managers’ Finan- EC–2059. A communication from the Sec- Committee on Governmental Affairs. cial Integrity Act for fiscal year 1995; to the retary of Commerce, transmitting, pursuant EC–2074. A communication from the Chair Committee on Governmental Affairs. to law, the report under the Federal Man- of the Federal Labor Relations Authority, EC–2088. A communication from the Sec- agers’ Financial Integrity Act for fiscal year transmitting, pursuant to law, the report retary of the American Battle Monuments 1995; to the Committee on Governmental Af- under the Federal Managers’ Financial In- Commission, transmitting, pursuant to law, fairs. tegrity Act for fiscal year 1995; to the Com- the report under the Federal Managers’ Fi- EC–2060. A communication from the Dep- mittee on Governmental Affairs. nancial Integrity Act for fiscal year 1995; to uty Secretary of Defense, transmitting, pur- EC–2075. A communication from the Chair- the Committee on Governmental Affairs. suant to law, the report under the Federal man of the Federal Maritime Commission, EC–2089. A communication from the Chair- Managers’ Financial Integrity Act for fiscal transmitting, pursuant to law, the report man of the Board of Trustees of the Harry S. year 1995; to the Committee on Govern- under the Federal Managers’ Financial In- Truman Scholarship Foundation, transmit- mental Affairs. tegrity Act for fiscal year 1995; to the Com- ting, pursuant to law, the report under the EC–2061. A communication from the Sec- mittee on Governmental Affairs. Federal Managers’ Financial Integrity Act retary of Energy, transmitting, pursuant to EC–2076. A communication from the Chair- for fiscal year 1995; to the Committee on law, the report under the Federal Managers’ man of the Postal Rate Commission, trans- Governmental Affairs. Financial Integrity Act for fiscal year 1995; mitting, pursuant to law, the report under EC–2090. A communication from the Chair- to the Committee on Governmental Affairs. the Federal Managers’ Financial Integrity man of the U.S. Merit System Protection EC–2062. A communication from the Direc- Act for fiscal year 1995; to the Committee on Board, transmitting, pursuant to law, the re- tor of the National Gallery of Art, transmit- Governmental Affairs. port under the Inspector General Act for the ting, pursuant to law, the report under the EC–2077. A communication from the Ad- period April 1 through September 30, 1995; to Federal Managers’ Financial Integrity Act ministrator of the Panama Canal Commis- the Committee on Governmental Affairs. for fiscal year 1995; to the Committee on sion, transmitting, pursuant to law, the re- EC–2091. A communication from the Chair- Governmental Affairs. port under the Federal Managers’ Financial man of the National Transportation Safety EC–2063. A communication from the Sec- Integrity Act for fiscal year 1995; to the Board, transmitting, pursuant to law, the re- retary of Labor, transmitting, pursuant to Committee on Governmental Affairs. port under the Inspector General Act for the law, the report under the Federal Managers’ EC–2078. A communication from the Chair- period April 1 through September 30, 1995; to Financial Integrity Act for fiscal year 1995; man of the National Transportation Safety the Committee on Governmental Affairs. to the Committee on Governmental Affairs. Board, transmitting, pursuant to law, the re- EC–2092. A communication from the Chair- EC–2064. A communication from the Chair- port under the Federal Managers’ Financial man of the U.S. Commission For the Preser- man and General Counsel of the National Integrity Act for fiscal year 1995; to the vation of America’s Heritage Abroad, trans- Labor Relations Board, transmitting, pursu- Committee on Governmental Affairs. mitting, pursuant to law, the report under March 13, 1996 CONGRESSIONAL RECORD — SENATE S1969 the Inspector General Act for the period ant to law, the report on material weak- tober 1, 1994 through March 31, 1995; to the April 1 through September 30, 1995; to the nesses; to the Committee on Governmental Committee on Governmental Affairs. Committee on Governmental Affairs. Affairs. EC–2122. A communication from the Acting EC–2093. A communication from the Sec- EC–2108. A communication from the Sec- Inspector General of the Federal Commu- retary of Transportation, transmitting, pur- retary of Education, transmitting, pursuant nication Commission, transmitting, pursu- suant to law, the report under the Inspector to law, the report of the audit follow-up for ant to law, a report relative to Federal con- General Act for the period April 1 through the period April 1 through September 30, tracts; to the Committee on Governmental September 30, 1995; to the Committee on 1995; to the Committee on Governmental Af- Affairs. Governmental Affairs. fairs. EC–2123. A communication from the Sec- EC–2094. A communication from the Chair- EC–2109. A communication from the Sec- retary of the Postal Rate Commission, trans- man of the African Development Founda- retary of Education, transmitting, pursuant mitting, pursuant to law, a report relative to tion, transmitting, pursuant to law, the re- to law, a report concerning surplus Federal the procedural schedule; to the Committee port under the Inspector General Act for the real property; to the Committee on Govern- on Governmental Affairs. period April 1 through September 30, 1995; to mental Affairs. EC–2124. A communication from the Sec- the Committee on Governmental Affairs. EC–2110. A communication from the Direc- retary of the Postal Rate Commission, trans- EC–2095. A communication from the Sec- tor of the Office of Management and Budget, mitting, pursuant to law, the report under retary of Transportation, transmitting, pur- Executive Office of the President, transmit- the Sunshine Act for calendar year 1995; to suant to law, the report under the Inspector ting, pursuant to law, the report under the the Committee on Governmental Affairs. General Act for the period April 1 through Single Audit Act for fiscal year 1993; to the EC–2125. A communication from the Board September 30, 1995; to the Committee on Committee on Governmental Affairs. Members of the Railroad Retirement Board, Governmental Affairs. EC–2111. A communication from the Direc- transmitting, pursuant to law, the report of EC–2096. A communication from the Sec- tor of the Office of Management and Budget, the justification of budget estimates for fis- retary of the Treasury, transmitting, pursu- Executive Office of the President, transmit- cal year 1997; to the Committee on Appro- ant to law, the report under the Inspector ting, pursuant to law, the report entitled priations. General Act for the period April 1 through ‘‘Statistical Programs of the U.S. Govern- EC–2126. A communication from the Under September 30, 1995; to the Committee on ment: Fiscal Year 1996’’; to the Committee Secretary of Defense, transmitting, pursuant Governmental Affairs. on Governmental Affairs. to law, the report of a violation of the EC–2097. A communication from the Ad- EC–2112. A communication from the Execu- Antideficiency Act, case number 93–50; to the ministrator of the U.S. Small Business Ad- tive Director of the National Education Committee on Appropriations. ministration, transmitting, pursuant to law, Goals Panel, transmitting, pursuant to law, f the report under the Inspector General Act the report under the Federal Managers’ Fi- for the period April 1 through September 30, nancial Integrity Act for fiscal year 1995; to EXECUTIVE REPORTS OF 1995; to the Committee on Governmental Af- the Committee on Governmental Affairs. COMMITTEES fairs. EC–2113. A communication from the Chair- EC–2098. A communication from the Direc- person of the Appraisal Subcommittee of the The following executive reports of tor of the Federal Emergency Management Federal Financial Institutions Examination committees were submitted: Agency, transmitting, pursuant to law, the Council, transmitting, pursuant to law, the By Mr. MURKOWSKI, from the Committee report under the Inspector General Act for report under the Inspector General Act for on Energy and Natural Resources: the period April 1 through September 30, the period April 1 through September 30, Christopher M. Coburn, of Ohio, to be a 1995; to the Committee on Governmental Af- 1995; to the Committee on Governmental Af- Member of the Board of Directors of the fairs. fairs. United States Enrichment Corporation for a EC–2099. A communication from the Comp- EC–2114. A communication from the Chair- term expiring February 24, 2000. troller General, transmitting, pursuant to man of the U.S. Merit Systems Protection Charles William Burton, of Texas, to be a law, the report of General Accounting Office Board, transmitting, pursuant to law, the re- Member of the Board of Directors of the reports for January 1996; to the Committee port of the number of appeals submitted dur- United States Enrichment Corporation for a on Governmental Affairs. ing fiscal year 1995; to the Committee on term expiring February 24, 2001. EC–2100. A communication from the Comp- Governmental Affairs. Alvin L. Alm, of Virginia, to be an Assist- troller General, transmitting, pursuant to EC–2115. A communication from the In- ant Secretary of Energy (Environmental law, the report of General Accounting Office spector General, transmitting, pursuant to Management). reports for December 1995; to the Committee law, a report relative to lobbying activities Thomas Paul Grumbly, of Virginia, to be on Governmental Affairs. by contractors or grantees; to the Commit- Under Secretary of Energy. EC–2101. A communication from the Comp- tee on Governmental Affairs. troller General, transmitting, pursuant to EC–2116. A communication from the Vice (The above nominations were re- law, the annual report for fiscal year 1995; to Chairman and Chief Financial Officer of the ported with the recommendation that the Committee on Governmental Affairs. Potomac Electric Power Company, transmit- they be confirmed, subject to the nomi- EC–2102. A communication from the Assist- ting, pursuant to law, the report of the bal- nees’ commitment to respond to re- ant Comptroller General (Accounting and In- ance sheet for calendar year 1995; to the quests to appear and testify before any formation Management Division), transmit- Committee on Governmental Affairs. duly constituted committee of the Sen- ting, pursuant to law, the annual report for EC–2117. A communication from the Direc- fiscal year 1995; to the Committee on Gov- tor of the U.S. Office of Personnel Manage- ate.) ernmental Affairs. ment, transmitting, pursuant to law, the re- f EC–2103. A communication from the Direc- port of the privatization of investigations tor of the Office of Financial Management service through employee stock ownership INTRODUCTION OF BILLS AND (General Services and Controller), General plan; to the Committee on Governmental Af- JOINT RESOLUTIONS Accounting Office, transmitting, pursuant to fairs. The following bills and joint resolu- law; to the Committee on Governmental Af- EC–2118. A communication from the Man- tions were introduced, read the first fairs. ager of the Benefits Communications of the and second time by unanimous con- EC–2104. A communication from the Ad- Ninth Farm Credit District Trust Commit- ministrator of the General Services Adminis- tee, transmitting, pursuant to law, the an- sent, and referred as indicated: tration, transmitting, a draft of proposed nual report for the plan year ended Decem- By Mr. BOND (for himself, Mr. NICK- legislation to amend the Right to Financial ber 31, 1994; to the Committee on Govern- LES, Mr. DOLE, Mr. D’AMATO, Mr. Privacy Act of 1978; to the Committee on mental Affairs. MURKOWSKI, Mr. INHOFE, Mr. LOTT, Governmental Affairs. EC–2119. A communication from the Chair- Mr. GRAMM, and Mr. FRIST): EC–2105. A communication from the Ad- man of the Advisory Commission on Inter- S. 1610. A bill to amend the Internal Reve- ministrator of the General Services Adminis- governmental Relations, transmitting, pur- nue Code of 1986 to clarify the standards used tration, transmitting, pursuant to law, the suant to law, the annual report for calendar for determining whether individuals are not report of the amount of personal property year 1995; to the Committee on Govern- employees; to the Committee on Finance. furnished to non-Federal recipients; to the mental Affairs. By Mr. MCCONNELL: Committee on Governmental Affairs. EC–2120. A communication from the Acting S. 1611. A bill to establish the Kentucky EC–2106. A communication from the Assist- Inspector General of the Federal Deposit In- National Wildlife Refuge, and for other pur- ant Secretary of State (Legislative Affairs), surance Corporation, transmitting, pursuant poses; to the Committee on Environment and transmitting, pursuant to law, the report to law, the report under the Inspector Gen- Public Works. under the Program Fraud Civil Remedies Act eral Act for fiscal year 1995; to the Commit- By Mr. HELMS (for himself, Mr. DOLE, for fiscal year 1995; to the Committee on tee on Governmental Affairs. Mr. HATCH, Mr. THURMOND, Mr. Governmental Affairs. EC–2121. A communication from the Chair- FAIRCLOTH, Mr. GRAMM, and Mrs. EC–2107. A communication from the Ad- man of the Federal Deposit Insurance Cor- FEINSTEIN): ministrator of the National Aeronautics and poration, transmitting, pursuant to law, a S. 1612. A bill to provide for increased man- Space Administration, transmitting, pursu- report relative to lobbying for the period Oc- datory minimum sentences for criminals S1970 CONGRESSIONAL RECORD — SENATE March 13, 1996 possessing firearms, and for other purposes; many cases in favor of the IRS and its Others in our Small Business Com- to the Committee on the Judiciary. tendency to find the existence of an mittee hearing testified about their ex- f employment relationship at the experiences with IRS agents regarding SUBMISSION OF CONCURRENT AND pense and disruption of bona fide inde- worker status, telling us about receiv- SENATE RESOLUTIONS pendent contractor arrangements. ing IRS penalties as high as a quarter Let me make perfectly clear, the IRS of a million dollars. Between these out- The following concurrent resolutions has every right to obtain information rageously high penalties and the com- and Senate resolutions were read, and on payments, whether they are made plexity of the 20-factor test, this issue, referred (or acted upon), as indicated: to an employee or to an independent understandably, infuriates many small By Mr. INOUYE (for himself, Mr. contractor. It is our position that sim- business taxpayers. D’AMATO, Mr. SIMPSON, Mr. SMITH, plifying IRS collection does not war- Mr. President, the Commissioner of Mr. MACK, Mr. CONRAD, Mr. FORD, rant the IRS going beyond tax law to Internal Revenue, the Honorable Mar- Mr. MCCONNELL, Mr. HELMS, Mr. HEF- determine business organization, so garet Richardson, in a speech to last LIN, Mr. STEVENS, Mr. DOMENICI, Mr. long as the organizations are legiti- summer’s small business conference WARNER, Mr. GRAHAM, and Mr. mate structures and the IRS has the delegates, told them the IRS does not CRAIG): S. Con. Res. 46. A concurrent resolution to information on payments so they may care whether someone is an employee express Congress’ admiration of the late Is- collect appropriate taxes. or independent contractor, as long as raeli Prime Minister Yitzhak Rabin and his This lack of a clear standard in exist- they properly report their income, and contribution to the special relationship being law has made some small business that is as it should be. Yet, the IRS tween the United States and Israel, and to owners reluctant to hire independent continues to pursue this issue fiercely express the sense of the Congress that the contractors and put others in great during its audits. It has been reported American Promenade in Israel be named in concern and risk of being pursued for that in a recent 4-year span, the IRS his memory; to the Committee on Foreign back taxes. reclassified 338,000 workers as employ- Relations. In some cases, the concern is so great ees. The same report indicates the IRS f that it stifles business expansion. As I prevails in 9 out of 10 worker classifica- STATEMENTS ON INTRODUCED indicated earlier, the depth of the prob- tion audits. Little wonder when they BILLS AND JOINT RESOLUTIONS lem was made clear last summer when have the upper hand with a very con- the White Conference on Small Busi- fusing, very complex 20-factor test. By Mr. BOND (for himself, Mr. ness, a nationwide group of almost Just last week, I received a copy of NICKLES, Mr. DOLE, Mr. 2,000 small business delegates, voted the ‘‘Revised Internal Revenue Service D’AMATO, Mr. MURKOWSKI, Mr. the independent contractor issue first Worker Classification Training Mate- INHOFE, Mr. LOTT, Mr. GRAMM, on its list for recommended changes. rials.’’ This was distributed by Com- and Mr. FRIST): Today, together with Senator NICK- missioner Richardson. In her memo ac- S. 1610. A bill to amend the Internal LES and the other Senators whom I companying the document, she de- Revenue Code of 1986 to clarify the mentioned, Senator NICKLES having scribes the purchase of the document standards used for determining wheth- been a long and consistent supporter of as an attempt to identify, simplify and er individuals are not employees; to small business legislation, we intro- clarify the factors that should be ap- the Committee on Finance. duce a bill that solves this problem. plied in order to accurately determine THE INDEPENDENT CONTRACTOR TAX Our bill provides a short list of simple, worker classification. SIMPLIFICATION ACT OF 1996 clear objective standards that will There could be no more compelling Mr. BOND. Mr. President, determin- allow all taxpayers to understand what justification for the importance of our ing worker classification is one of the the law says about who is an employee immediate passage of the legislation most important tax issues facing small and who is an independent contractor. than this document. We commend business today. Indeed, and in fact, it When this law is enacted, IRS agents Commissioner Richardson for seeking was rated No. 1 by the delegates to the will have clear direction, small busi- to simplify, but this document is over White House Conference on Small Busi- ness will have clear direction, but the 100 pages long. If it takes that much ness. They said this is something that IRS will no longer have the upper hand paper and that much ink to instruct must be dealt with because the ambi- in today’s confusing independent con- IRS agents on how to simplify and guity in the current law makes it ex- tractor law, which gives the IRS agent, clarify a small business tax issue, I tremely difficult for business owners to when they deal with our country’s think we can be pretty sure how simple determine whether a worker is an inde- small business taxpayers, advantage in and clear it is going to seem to the tax- pendent contractor or an employee. determining their business organiza- payer sitting across the desk from an Today I will be introducing the Inde- tion. IRS agent during an audit. pendent Contractor Tax Simplification I especially thank Senator NICKLES As those who follow this issue know, Act on behalf of myself, Senator NICK- for his willingness to allow us to work what makes this problem especially LES, Senator DOLE, Senator D’AMATO, on this bill together. Last September frustrating is that unlike most inter- Senator MURKOWSKI and Senator LOTT. at a hearing, I held in the Small Busi- pretive actions of the IRS where they For years, now, the Internal Revenue ness Committee, Senator NICKLES tes- must determine the proper amount of Service has used a 20-factor common tified about his personal experience income or deductions so Treasury can law test to determine worker status. with this issue dating back to the collect the amount of tax legally due Frankly, the test is a nightmare of small business that he began while he to it, the independent contractor issue subjectivity and unpredictability for was a college student. For Senator is not about how much tax the Govern- small business owners who often get NICKLES’ company, like many startup ment receives. The classification deci- their tutorial on the subtleties of the companies and small businesses, it sion does not alter aggregate tax liabil- issue during an IRS audit—certainly an seemed to make perfect sense to hire ity to the Government at all. This unfortunate time to be learning how independent contractors in certain sit- problem exists because of IRS’s appar- tricky the law is. uations. More established, larger busi- ent desire to recast economic relation- IRS agents are required to consider nesses also need to hire independent ships between private parties that 20 different factors to determine contractors to accomplish specific these parties have already determined whether an employer/employee rela- tasks that may require specialized for themselves. The Independent Con- tionship exists. The problem is that the skill. In fact, many of America’s entre- tractor Tax Simplification Act will small business taxpayer is not able to preneurs are in business as independent help move the IRS out of its de facto predict which of the 20 factors is going contractors whose livelihood is depend- role of setting employment policy and to be more important to a particular ent upon the fact that other companies back into its role of revenue collection. IRS agent, and finding a certain num- need their service and expertise. These Our bill sets out three simple ques- ber of these factors present in a case entrepreneurs have no desire, nor do tions to be asked in determining does not always determine the result. they have any need, to become employ- whether a person providing services is Inevitably, what has been happening ees of the businesses who purchase an employee or independent contrac- is that agents are resolving far too their services. tor. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1971 First, is there a written agreement SEC. 2. FINDINGS. ‘‘(IV) other similar activities, or between the parties? The Congress finds that: ‘‘(iii) provides service under a business Second, does it appear the worker (1) Simplifying the tax rules with respect name which is registered with (or for which has made some investment, such as in- to independent contractors was the top vote- a license has been obtained from) a State, a getter at the 1995 White House Conference on curring substantial unreimbursed ex- political subdivision of a State, or any agen- Small Business. Conference delegates rec- cy or instrumentality of 1 or more States or penses or being paid primarily on a ommended that Congress ‘‘should recognize political subdivisions. commission basis? the legitimacy of an independent contrac- ‘‘(d) WRITTEN DOCUMENT REQUIREMENTS.— Third, does the worker appear to tor’’. The Conference found that the current For purposes of subsection (a), the require- have some independence, such as hav- common law is ‘‘too subjective’’ and called ments of this subsection are met if the serving his or her own place of business? upon the Congress to establish ‘‘realistic and ices performed by the individual are per- In other words, under this bill, if consistent guidelines’’. formed pursuant to a written contract be- there is a written contract between the (2) It is in the best interests of taxpayers tween such individual and the person for parties and if basic investment and and the Federal Government to have fair and whom the services are performed, or the independence criteria are met, then the objective rules for determining who is an payor, and such contract provides that the worker is an independent contractor. employee and who is an independent contrac- individual will not be treated as an employee tor. Plain, simple, predictable. Fine. To with respect to such services for purposes of SEC. 3. STANDARDS FOR DETERMINING WHETH- this subtitle. take advantage of this simple rule, the ER INDIVIDUALS ARE NOT EMPLOY- ‘‘(e) SPECIAL RULES.—For purposes of this party must properly report payments EES. section— above $600 to the IRS just like under (a) IN GENERAL.—Chapter 25 of the Internal ‘‘(1) FAILURE TO MEET REPORTING REQUIRE- current law. This ensures all taxes Revenue Code of 1986 (general provisions re- MENTS.—If for any taxable year any service properly due to the Treasury can be lating to employment taxes) is amended by recipient or payor fails to meet the applica- collected. adding after section 3510 the following new ble reporting requirements of section 6041(a), The legislation is written to provide section: 6041A(a), or 6051 with respect to a service immediate clarification and relief to ‘‘SEC. 3511. STANDARDS FOR DETERMINING provider, then, unless such failure is due to WHETHER INDIVIDUALS ARE NOT reasonable cause and not willful neglect, this taxpayers undergoing IRS examina- EMPLOYEES. tions currently. The change, no doubt, section shall not apply in determining ‘‘(a) GENERAL RULE.—For purposes of this whether such service provider shall not be would save many businesses from a title, and notwithstanding any provision of treated as an employee of such serviced re- protracted and expensive battle with this title to the contrary, if the require- cipient or payor for such year. IRS. For some, it may even save the ments of subsections (b), (c), and (d) are met ‘‘(2) RELATED ENTITIES.—If the service pro- business. with respect to any service performed by any vider is performing services through an en- When we in Congress find an oppor- individual, then with respect to such serv- tity owned in whole or in part by such serv- tunity to take action in a tax area so ice— ice provider, then the references to ‘service strongly supported by many small ‘‘(1) the service provider shall not be treat- provider’ in subsections (b) through (d) may ed as an employee, include such entity, provided that the writ- businesses, and when it is one that does ‘‘(2) the service recipient shall not be not involve any loss to the Federal ten contract referred to in paragraph (1) of treated as an employer, subsection (d) may be with either the service Treasury, we should act without delay. ‘‘(3) the payor shall not be treated as an provider or such entity and need not be with employer, and I am confident the Finance Committee both. ‘‘(4) compensation paid or received for such can find an acceptable revenue offset ‘‘(f) DEFINITIONS.—For the purposes of this service shall not be treated as paid or re- for this worthy purpose to the extent section— ceived with respect to employment. that any revenue is lost. The revenue ‘‘(1) SERVICE PROVIDER.—The term ‘service ‘‘(b) SERVICE PROVIDER REQUIREMENTS estimate for the bill should be fairly provider’ means any individual who performs WITH REGARD TO SERVICE RECIPIENT.—For service for another person. simple, reflecting the bill’s provisions the purposes of subsection (a), the require- ‘‘(2) SERVICE RECIPIENT.—Except as pro- that assure continued collection of all ments of this subsection are met if the serv- vided in paragraph (5), the term ‘service re- taxes due the Federal Government. ice provider, in connection with performing cipient’ means the person for whom the serv- Small businesses cannot afford to the service— ice provider performs such service. ‘‘(1) has a significant investment in assets, wait any longer for resolution of this ‘‘(3) PAYOR.—Except as provided in para- training, or both, problem, and they should not be ex- graph (5), the term ‘payor’ means the person pected to do so. They have waited for ‘‘(2) incurs significant unreimbursed expenses, who pays the service provider for the per- decades. We now have a bill that will ‘‘(3) agrees to perform the service for a par- formance of such service in the event that solve the problem. ticular amount of time or to complete a spe- the service recipients do not pay the service The companion bill has been intro- cific result and is liable for damages for provider. duced in the other body. I am told it early termination without cause, ‘‘(4) IN CONNECTION WITH PERFORMING THE has over 200 cosponsors. It is time Con- ‘‘(4) is paid primarily on a commissioned SERVICE.—The term ‘in connection with per- gress steps up to the plate and delivers basis or per unit basis, or forming the service’ means in connection or ‘‘(5) purchases products for resale. related to— for small business. I urge members of ‘‘(A) the actual service performed by the the Finance Committee to work with ‘‘(c) ADDITIONAL SERVICE PROVIDER RE- QUIREMENTS WITH REGARD TO OTHERS.—For service provider for the service recipients or Senator NICKLES and others to report the purposes of subsection (a), the require- for other persons for whom the service pro- out a bill that provides this much- ments of this subsection are met if— vider has performed similar service, or needed change. ‘‘(1) the service provider— ‘‘(B) the operation of the service provider’s Mr. President, I ask unanimous con- ‘‘(A) has a principal place of business, trade or business. sent to have printed in the RECORD a ‘‘(B) does not primarily provide the service ‘‘(5) EXCEPTIONS.—The terms ‘service recip- copy of the bill, a section-by-section at the service recipient’s facilities, ient’ and ‘payor’ do not include any entity analysis and copies of some letters of ‘‘(C) pays a fair market rent for use of the which is owned in whole or in part by the service provider.’’ support for the bill we have received. service recipient’s facilities, or ‘‘(D) operates primarily from equipment (b) CLERICAL AMENDMENT.—The table of I also ask unanimous consent that not supplied by the service recipient; or sections for chapter 25 of such Code is Senators DOLE, D’AMATO, LOTT, MUR- ‘‘(2) the service provider— amended by adding at the end the following KOWSKI, and INHOFE be shown as origi- ‘‘(A) is not required to perform service ex- new item: nal cosponsors. clusively for the service recipient, and ‘‘Sec. 3511. Standards for determining wheth- The PRESIDING OFFICER. Without ‘‘(B) in the year involved, or in the preced- er individuals are not employ- objection, it is so ordered. ing or subsequent year— ees.’’ ‘‘(i) has performed a significant amount of There being no objection, the mate- (c) EFFECTIVE DATE.—The amendments rial was ordered to be printed in the service for other persons, ‘‘(ii) has offered to perform service for made by this Act shall apply to services per- RECORD, as follows: other persons through— formed before, on, or after the date of the en- S. 1610 ‘‘(I) advertising, actment of this Act. Be it enacted by the Senate and House of Rep- ‘‘(II) individual written or oral solicita- resentatives of the United States of America in tions, SUMMARY OF THE INDEPENDENT CONTRACTOR Congress assembled, ‘‘(III) listing with registries, agencies, bro- TAX SIMPLIFICATION ACT SECTION 1. SHORT TITLE. kers, and other persons in the business of For too long now, businesses have been This Act may be cited as the ‘‘Independent providing referrals to other service recipi- forced to rely upon complicated and ambigu- Contractor Tax Simplification Act of 1996’’. ents, or ous IRS guidelines for classifying individual S1972 CONGRESSIONAL RECORD — SENATE March 13, 1996

workers as employees or independent con- Small businesses are put in a lose-lose sit- THE BOND/NICKLES INDEPENDENT CONTRACTOR tractors. IRS audit determinations of uation with the Internal Revenue Service. LEGISLATION—ENDORSEMENT LIST misclassification often result in heavy tax Under the current law, they are required to Agricultural & Industrial Manuf. (AIMRA). classify individuals as independent contrac- penalties. Clarifying independent contractor Air Courier Conference of America. rules was considered the top small business tors or employees based on extremely vague Alliance of Independent Store Owners & priority by conference delegates at the 1995 and ambiguous IRS guidelines. When a small Professionals. White House Conference on Small Business. business owner mistakenly misclassifies a American Animal Hospital Association. Instead of trying to define who is an em- worker based on these vague criteria, the ployee (the common law 20-point test), this IRS audits the business and levies back tax American Association of Equine Practi- legislation creates a simple definition of who penalties. Even if the employer fully re- tioners. is not an employee. ported all payments to the independent con- American Association of Meat Processors. tractor and the mistake was unintentional, American Association for Medical Tran- GENERAL RULE these penalties are still levied. This mis- scription. If this legislation’s requirements are met understanding can put the employer out of American Association of Nurserymen. with respect to any service performed by any business. For small businesses, misinterpret- American Consulting Engineers Councils. individual, then the service provider shall ing these nebulous IRS guidelines can be fi- American Council of Independent Labora- not be treated as an employee, the service nancially devastating. tories. recipient shall not be treated as an em- The Independent Contractor Simplification American Rental Association. ployer, the payor shall not be treated as an Act sets forth an alternate set of clear and employer, and the compensation paid shall distinct criteria for businesses to follow American Society of Interior Designers. not be treated as paid with respect to em- when classifying their workers. It solves the Associated Builders & Contractors. ployment. independent contractor problem by defining Associated Landscape Contractors of America. INVESTMENT/TRAINING/RISK who is not an employee. Most importantly, American Society of Travel Agents. With regard to the service being per- the legislation puts forth safeguards against American Warehouse Association. formed, the service provider must— abusing this classification by prohibiting (1) have a significant investment in assets both independent contractor and employer Bureau of Wholesale Sales Representa- and/or training, or from relying on these new rules if all pay- tives. (2) incur significant unreimbursed ex- ments for service are not properly reported Business Advertising Council, Inc. to the IRS. penses, or Computer Software Industry Association. We commend you on your legislation (3) agree to perform the service for a par- Council of Growing Companies. which sends much needed relief to our na- ticular amount of time or to complete a spe- Direct Selling Association. tion’s small business owners and the million Electronics Representatives Association. cific result and is liable for damages for of budding entrepreneurs who have an inter- early termination without cause, or est in being an independent contractor. We Expedited Package Independent Contrac- (4) be paid primarily on a commissioned or look forward to working with you to move tor Council. per-unit basis, or the Independent Contractor Simplification FTD Association. (5) purchase products for resale. Act through the Senate. Health Industry Representatives Associa- PRINCIPAL PLACE OF BUSINESS/ADVERTISING Sincerely, tion. With regard to other parties, the service DONALD A. DANNER, Helicopter Association International. provider must— Vice President, Home Food Service of Colorado. (1) have a principal place of business, or Federal Governmental Relations. Independent Computer Consultants Asso- (2) not primarily provide the service in the ciation. recipient’s facilities unless the provider is THE INDEPENDENT Independent Distributors Association. paying a fair market rent for this use, or CONTRACTOR COALITION, Independent Medical Distributors Associa- (3) operate primarily from equipment not Washington, DC. tion. supplied by the service recipient, or Hon. KIT BOND, Institute of Electrical and Electronics En- (4) not be required to perform service ex- U.S. Senate, gineers-U.S. Activities. clusively for the service recipient, and Washington, DC. International Association for Financial (a) have recently performed a significant DEAR SENATOR BOND: We the undersigned, Planning. representing a cross-section of close to one amount of service for other persons, or International Taxi Cab and Livery Associa- million businesses and individuals, are writ- (b) have offered to perform service for per- tion. ing to offer our strong support for the Inde- sons through advertising, individual solicita- International Television Association Inc. pendent Contractor Tax Simplification Act. tions, listing with registries, etc, or other Marine Retailers Association of America. similar activities, or This legislation will bring much needed re- McNair Law Firm. (c) have provided service under a registered lief to millions of businesses and budding en- Messenger Courier Association of the or licensed business name. trepreneurs in addressing ambiguities in the IRS guidelines for determining independent Americas. WRITTEN DOCUMENT REQUIREMENTS contractor status. Metal Treating Institute. The services of a provider must be per- At a minimum, the current system by National Association of Computer Consult- formed pursuant to a written contract be- which the IRS enforces laws and regulations ant Businesses. tween such individual and the service recipi- governing an individual’s employment tax National Association of Orchestra Leaders. ent stating that the provider will not be status promotes uncertainty and inhibits National Association of the Remodeling In- treated as an employee. entry of aspiring entrepreneurs into the free dustry. SPECIAL RULES market system as independent contractors. National Association for the Self-Em- At its worst, the current system is unfairly If any service recipient fails to meet the ployed. biased against the use of independent con- applicable IRS reporting requirements with National Electrical Manufacturers Rep- tractors and constrains economic expansion respect to a service provider, then they may resentative Association. of our nation’s free market system. not rely upon these simplified independent The Bond/Nickles bill will settle many of National Federation of Independent Busi- contractor guidelines and are subject to the the problems associated with the current ness. existing 20-point common law test. system. By setting forth a clear set of alter- National Fire Sprinkler Association. nate criteria, this legislation will resolve National Home Furnishings Association. NATIONAL FEDERATION OF many of the long standing complaints busi- National Moving & Storage Association. INDEPENDENT BUSINESS, nesses and individuals have had with the National Restaurant Association. Washington, DC, March 12, 1996. vague and often subjective guidelines the National Tooling & Machining Association. Hon. KIT BOND, IRS uses to classify workers as employees or National Tour Association. U.S. Senate, independent contractors. Nurse Brokers and Contractors of America. Washington, DC. As the leading coalition of businesses and Power-Motion Technology Representative DEAR SENATOR BOND: On behalf of the more individuals working to clarify independent Association. than 600,000 members of the National Federa- contractor status, we commend you on your Promotional Products Association Inter- tion of Independent Business (NFIB), I am effort and look forward to working with you national. writing to offer our strong support of the to move this legislation through the Senate. Independent Contractor Simplification Act. Allow the free enterprise system to work Rich Plan Corporation. The independent contractor issue has been for the benefit of our economy. Securities Industry Association. confusing and burdensome for small business Sincerely, Small Business Legislative Council. owners for decades. As you know, the inde- NELSON LITTERST, SMC Business Councils. pendent contractor issue was the top rec- NFIB, Co-Chair. Society of American Florists. ommendation of the 1995 White House Con- JOHN SATAGAJ, The Management Association of Illinois. ference on Small Business. SBLC, Co-Chair. World Floor Covering Association. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1973

SMALL BUSINESS LEGISLATIVE COUNCIL, Building Service Contractors Association Small Business Exporters Association. Washington, DC, March 4, 1996. International. SMC Business Councils. Hon. CHRISTOPHER BOND, Business Advertising Council. Society of American Florists. Hon. DON NICKLES, Christian Booksellers Association. Turfgrass Producers International. U.S. Senate, Council of Fleet Specialists. Washington, DC. Council of Growing Companies. NATIONAL HOME DEAR SENATORS BOND AND NICKLES: On be- Direct Selling Association. FURNISHINGS ASSOCIATION, half of the Small Business Legislative Coun- Electronics Representatives Association. Washington, DC, March 4, 1996. cil (SBLC), I wish to express our strong sup- Florists’ Transworld Delivery Association. Hon. CHRISTOPHER BOND, port for your legislation to establish clear Health Industry Representatives Associa- Hon. DON NICKLES, and objective rules for the purposes of deter- tion. U.S. Senate, mining whether an individual is an independ- Helicopter Association International. Washington, DC. ent contractor or employee. Independent Bankers Association of Amer- DEAR SENATORS BOND AND NICKLES: On be- This is a long-time concern of the SBLC. ica. half of the National Home Furnishings Asso- Indeed, one of the founding principles of the Independent Medical Distributors Associa- ciation (NHFA), I would like to offer our en- organization, when it was established in the tion. dorsement of your bill to establish criteria mid-1970s, was to work to encourage individ- International Association of Refrigerated for the determination of individuals as inde- uals to pursue the American Dream—owning Warehouses. pendent contractors or employees for federal and managing their own business. Becoming International Communications Industries employment tax purposes. an independent contractor is both the means Association. Our retailers engage independent contrac- and the end to that goal. International Formalwear Association. tors to provide a variety of services includ- As you know, the delegates to the 1995 International Franchise Association. ing design, installation, and delivery. This White House Conference on Small Business International Television Association. has been a long-standing practice in our in- made this one of their priority recommenda- Machinery Dealers National Association. dustry. tions. Indeed, while there was no official Mail Advertising Service Association. The unsettled nature of the law in this ranking, this was the top vote-getter in the Manufacturers Agents National Associa- area has been the cause for concern in our final balloting. tion. industry and, therefore, we support your ef- Congratulations on this initiative! We look Manufacturers Representatives of Amer- forts. forward to working with you towards the ica, Inc. The NHFA represents approximately 2,800 passage and enactment. Mechanical Contractors Association of retailers of home furnishings throughout the The Small Business Legislative Council America, Inc. United States. (SBLC) is a permanent, independent coali- National Association for the Self-Em- We look forward to working with you to- tion of nearly one hundred trade and profes- ployed. wards passage of this important legislation. sional associations that share a common National Association of Catalog Showroom Sincerely, commitment to the future of small business. Merchandisers. PATRICIA BOWLING, Our members represent the interests of small National Association of Home Builders. Executive Vice President. businesses in such diverse economic sectors National Association of Investment Com- as manufacturing, retailing, distribution, panies. WORLD FLOOR COVERING ASSOCIATION, professional and technical services, con- National Association of Plumbing-Heating- Washington, DC, March 4, 1996. struction, transportation and agriculture. Cooling Contractors. Hon. CHRISTOPHER BOND, Our policies are developed through a consen- National Association of Private Enter- Hon. DON NICKLES, sus among our membership. Individual asso- prise. U.S. Senate, ciations may express their own views. For National Association of Realtors. Washington, DC. your information, a list of our members is National Association of RV Parks and DEAR SENATORS BOND AND NICKLES: On be- enclosed. Campgrounds. half of the World Floor Covering Association Sincerely, National Association of Small Business In- (WFCA), and our member floorcovering re- GARY F. PETTY, vestment Companies. tailers, I would like to express our strong Chairman of the Board. National Association of the Remodeling In- support for your bill to establish realistic dustry. criteria for the classification of individuals MEMBERS OF THE SMALL BUSINESS LEGISLATIVE National Chimney Sweep Guild. as independent contractors or employees for COUNCIL National Electrical Contractors Associa- federal employment tax purposes. tion. Our retailers engage independent contrac- Air Conditioning Contractors of America. tors to provide installation services. This Alliance for Affordable Health Care. National Electrical Manufacturers Rep- has been a long-standing practice in our in- Alliance for American Innovation. resentatives Association. Alliance of Independent Store Owners and National Food Brokers Association. dustry and is fundamental to the way we do Professionals. National Independent Flag Dealers Asso- and have done business for many years. Over the years, we and our members have American Animal Hospital Association. ciation. American Association of Equine Practi- National Knitwear & Sportswear Associa- discussed this matter with the IRS on nu- tioners. tion. merous occasions. The only thing we can say American Association of Nurserymen. National Lumber & Building Material about the discussions is it is apparent to us American Bus Association. Dealers Association. that Congress must step in and establish a American Consulting Engineers Council. National Moving and Storage Association. clear and objective set of rules. That is why American Council of Independent Labora- National Ornamental & Miscellaneous we support your bill. We also believe Con- tories. Metals Association. gress should establish once and for all, that American Gear Manufacturers Association. National Paperbox Association. encouraging individuals to become independ- American Machine Tool Distributors Asso- National Shoe Retailers Association. ent contractors is a good thing for the na- ciation. National Society of Public Accountants. tion and the economy. American Road & Transportation Builders National Tire Dealers & Retreaders Asso- We look forward to working with you to- Association. ciation. wards passage of this important legislation. American Society of Interior Designers. National Tooling and Machining Associa- Sincerely, American Society of Travel Agents, Inc. tion. D. CHRISTOPHER DAVIS, American Subcontractors Association. National Tour Association. Chief Executive Officer. American Textile Machinery Association. National Wood Flooring Association. American Trucking Associations, Inc. NATSO, Inc. PROMOTIONAL PRODUCTS American Warehouse Association. Opticians Association of America. ASSOCIATION INTERNATIONAL, AMT–The Association for Manufacturing Organization for the Protection and Ad- Irving, TX, March 4, 1996. Technology. vancement of Small Telephone Companies. Hon. CHRISTOPHER BOND, Architectural Precast Association. Petroleum Marketers Association of Amer- Hon. DON NICKLES, Associated Builders & Contractors. ica. U.S. Senate, Associated Equipment Distributors. Power Transmission Representatives Asso- Washington, DC. Associated Landscape Contractors of ciation. DEAR SENATORS BOND AND NICKLES: On be- America. Printing Industries of America, Inc. half of the Promotional Product Association Association of Small Business Develop- Professional Lawn Care Association of International (PPA), I would like to offer our ment Centers. America. support for your bill to establish rules for Automotive Service Association. Promotional Products Association Inter- the classification of individuals as independ- Automotive Recyclers Association. national. ent contractors or employees. Bowling Proprietors Association of Amer- The Retailer’s Bakery Association. Historically, our industry has engaged ica. Small Business Council of America, Inc. independent contractors to sell its products S1974 CONGRESSIONAL RECORD — SENATE March 13, 1996 and services. We feel our industry practice is year by Congressman Jon Christensen investment in assets and/or training, or the epitome of the American tradition of which now has 215 cosponsors. Our bill, incur significant unreimbursed ex- selling products and services through inde- which is supported by over 50 trade and penses, or agree to perform the service pendent sales representatives. industry associations, cuts through the for a particular amount of time or to, We strongly believe clear and objective rules that will put the ongoing battle be- horrendously complicated and ambigu- complete a specific result and is liable tween the IRS and small business over this ous current law rules and provides re- for damages for early termination issue behind us are needed and welcomed. lief and confidence to independent con- without cause, or be paid primarily on Therefore, we support your efforts. tractors and service recipients alike. a commissioned or per-unit basis, or The promotional products industry is the Why is congressional action needed, purchase products for resale. advertising, sales promotion, and motiva- Mr. President? In the mid-1970’s, the Further, under my legislation the tional medium employing useful articles of IRS undertook a major initiative to re- service provider must have a principal merchandise imprinted with an advertiser’s classify workers as employees. In replace of business, or not primarily pro- name, logo, or message. Our industry sales are over $6 billion and PPA members are sponse to the tremendous outcry from vide the service in the recipient’s fa- manufacturers and distributors of such goods business owners, Congress in 1978 en- cilities unless the provider is paying a and services. acted what was intended to be a tem- fair market rent for their use, or oper- We look forward to working with you to- porary solution, the section 530 safe ate primarily from equipment not sup- wards passage of this important legislation. harbor provisions. Section 530 prohib- plied by the service recipient or not be Sincerely, ited the IRS from reclassifying workers required to perform service exclusively G. STEPHEN SLAGLE, as employees if the employer had a rea- for the service recipient, and have re- President. sonable basis for treatment of the cently performed a significant amount Mr. NICKLES. Mr. President, one of workers as independent contractors, or of service for other persons, or have of- the most fundamental concepts in our if a past IRS audit did not dispute the fered to perform service for other per- free enterprise economy is the ability workers’ classification. sons through advertising, individual of any American to use talent, intel- So for two decades, independent con- solicitations, listing with registries, et ligence, and hard work to start a busi- tractor status has been controlled by cetera or other similar activities, or ness. The small, independent business this temporary solution, related IRS have provided service under a reg- is the engine which drives innovation, rulings, judicial precedent, and legisla- istered or licensed business name. job creation, and increased economic tion targeted at specific industries. Finally, Mr. President, my legisla- activity in this country. Those contractors and businesses who tion requires businesses and independ- For many small, start-up companies, are unable to rely upon section 530 are ent contractors to enter into a written independent contractor status is the subjected to a 20-point command law contract and comply with all applica- best way, and sometimes the only way, test which attempts to define an em- ble IRS reporting requirements to en- they can do business. Similarly, many ployer’s control over workers. This sure that payments to independent larger, established businesses find that common law test is the bane of em- contractors are properly reported in using independent contractors is the ployers and workers across the coun- order to prevent taxpayer arbitrage. most effective way of handling projects try, and is at the heart of the problems I would like to stress, Mr. President, that require special talents. There are my legislation intends to address. The that this legislation is not a com- five million independent contractors in General Accounting Office calls the prehensive rewrite of all independent America according to the Small Busi- common law test ‘‘unclear and subject contractor law. It is very difficult to ness Administration, and almost one- to conflicting interpretations’’. Even address all worker classification issues third of all companies use independent the Treasury Department has testified in one bill, because there is an unlim- contractors to some degree. Independ- that ‘‘applying the common law test in ited number of employment situations ent contractor status gives both the employment tax issues does not yield and each one presents different chal- service provider and the service recipi- clear, consistent, or even satisfactory lenges. Further, many individuals, ent the flexibility needed to be com- answers, and reasonable persons may businesses, and trade associations have petitive in today’s economic environ- differ as to the correct classification’’. resolved their problems with the IRS, ment. The horror stories surrounding this and they fear that a comprehensive Before coming to the U.S. Senate, I issue are numerous and disturbing, Mr. change in the law will force them to had first hand experience with these is- President. Last year, ‘‘NBC Nightly renew old arguments with the Govern- sues; both working as and employing News’’ ran a story on two business ment or impose unwanted conditions independent contractors. The janitorial owners who are facing hundreds of on their employment practices, such as service I began as a student at Okla- thousands of dollars in back taxes and tax withholding. The Independent Con- homa State University could not have penalties because the IRS decided to tractor Tax Simplification Act will existed if I had been required to work reclassify their independent contrac- benefit those businesses and contrac- as an employee, and it never would tors as employees. One of these citi- tors who have not resolved their status have expanded if I could not have hired zens, who owns a travel agency, re- with the IRS, while preserving current other students as independent contrac- ceived a bill for almost $200,000 in back law for those who are satisfied with it. tors to handle specific jobs. taxes, penalties, and interest, despite Mr. President, it is not fair to busi- Despite the obvious importance of the fact that his independent contrac- ness, nor is it conducive to the entre- independent contractors to our econ- tors had already paid their taxes! Mr. preneurial spirit of this country, to omy, Congress has amazingly failed to President, a $200,000 tax bill will close leave the question of worker classifica- give workers or businesses adequate the doors of most small businesses. tion up to the whim of the IRS. The guidance as to who is an employee and According to the NBC report, the IRS importance and timeliness of this issue who is an independent contractor. Un- has used these worker classification was made clear last summer when dele- fortunately, this lack of decisive con- audits to collect more than three-quar- gates to the White House Conference gressional action combined with ag- ters of a billion dollars from business on Small Business made clarifying gressive dislike of independent con- owners over the last 7 years in disputed independent contractor rules their No. tractors by the Internal Revenue Serv- employment taxes, even though many 1 small business priority. I believe Con- ice has subjected many businesses to of the independent contractors had al- gress should act decisively to recognize abusive audits and unfair penalties. In ready paid these taxes. the importance of independent contrac- effect, our Government is killing the The Independent Contractor Tax tors, and I invite my colleagues to join independent contractor. Simplification Act replaces the com- me in this initiative. Mr. President, I rise today with my plicated and arbitrary common law colleague from Missouri, Senator test with a simple definition of who is By Mr. MCCONNELL: BOND, to introduce the Independent not an employee. S. 1611. A bill to establish the Ken- Contractor Tax Simplification Act. To qualify for independent contrac- tucky National Wildlife Refuge, and for This legislation is the Senate compan- tor status, my legislation requires the other purposes; to the Committee on ion of a H.R. 1972, a bill introduced last service provider to have a significant Environment and Public Works. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1975 THE KENTUCKY NATIONAL WILDLIFE REFUGE activities would have an opportunity (3) the area provides extraordinary rec- AUTHORIZATION ACT here in Kentucky—something that na- reational, research, and educational opportu- ∑ Mr. MCCONNELL. Mr. President, I ture lovers and the State would benefit nities for students, scientists, birdwatchers, introduce a bill to establish the Ken- from. wildlife observers, hunters, anglers, hikers, tucky National Wildlife Refuge. The and nature photographers; I have worked hard to ensure that my (4) the area is an internationally signifi- designation will give Kentucky some- proposal is fair in protecting the rights cant environmental resource that is unpro- thing that 49 other States have enjoyed of individual landowners, while pre- tected and requires active management to for a long time: its own national wild- serving this important habitat. Con- prevent vegetative encroachment and to oth- life refuge. What this means to my tained in my bill is language to ensure erwise protect and enhance the value of the State is new tourism opportunities and that the acquisition of refuge lands area as fish and wildlife habitat; a pristine environmental preserve that will be from willing sellers, donations, (5) the Clarks River Basin has been identi- will be part of our legacy to future gen- or exchanges only. fied in the preliminary project proposal plan I am sensitive to the property rights for the establishment of the Kentucky Na- erations. tional Wildlife Refuge, prepared by the Unit- Nearly 100 years ago, President Theo- and concerns of local landowners; and ed States Fish and Wildlife Service (South- dore Roosevelt established the Na- for this reason I will closely follow the east Region), as an area deserving permanent tional Wildlife Refuge System to pro- project to ensure that their rights are protection; and tect our Nation’s open lands, water, protected. (6) since agriculture and silviculture are and wildlife for the future. It was one I have also worked closely with the essential to the economies of Graves, Mar- of the first Federal environmental pro- Kentucky Farm Bureau to guarantee shall, and McCracken Counties and can con- that the management of the refuge will tribute to healthy ecosystems for wildlife, grams in our history. the refuge should not restrict agricultural Today, the National Wildlife Refuge not impact surrounding farmers or un- duly restrict agricultural activities. I and silvicultural activities on private lands. System is made up of 571 refuges in 49 SEC. 3. PURPOSE. States and U.S. Territories, totaling am confident that both agricultural in- The purpose of this Act is to establish the nearly 92 million acres of the Nation’s terests and conservation interests can Kentucky National Wildlife Refuge to be best wildlife habitat. Until now, Ken- exist side-by-side in this region. managed— tucky has been the only State without Finally, it is deeply gratifying to (1) to conserve fish and wildlife popu- its own independently managed refuge. have such a broad array of support for lations and the habitats of the populations, The legislation I am proposing will my proposal, including State and local including habitats of bald eagles, golden eagles, Indiana bats, wood ducks, neotropical authorize the U.S. Fish and Wildlife public officials, conservation groups, and sportsmen. I would like to com- migratory birds, shorebirds, and other mi- Service to purchase up to 20,000 acres gratory birds; in western Kentucky located in the mend Tom Bennett, commissioner of (2) to preserve and showcase the concepts east fork of the Clarks River. This site, the Kentucky Department of Fish and of biodiversity and ecosystem management; located near Benton, is the only major Wildlife Resources, and his staff, for (3) to enhance and provide a vital link to bottomland hardwood area remaining their efforts to establish consensus public areas containing habitat managed for in western Kentucky. among the various groups. This refuge waterfowl and other migratory birds; (4) to fulfill international treaty obliga- Once established, the Kentucky Na- could never have been established without the strong support of people tions of the United States with regard to fish tional Wildlife Refuge will showcase a and wildlife and the habitats of the fish and unique ecosystem, protecting wildlife like Tom, as well as the cooperation we wildlife; and offering a variety of educational have received from the surrounding (5) to restore and maintain the physical opportunities for the public. This ref- communities. and biological integrity of wetlands and uge will also provide recreational ac- It has been 92 years since Teddy Roo- other waters within the refuge; tivities, including bird-watching, hik- sevelt created the National Wildlife (6) to conserve species known to be threat- ing, hunting, and the fishing. Refuge System. The time is long over- ened with extinction; and due for Kentucky to join that system (7) to provide opportunities for scientific The refuge area is situated on an im- research, environmental education, and fish- portant migratory fly-way and breed- at last. Mr. President, I ask unanimous con- and wildlife-associated recreation (including ing area for a variety of waterfowl. A hunting, trapping, and fishing) and access to large number of migratory birds in- sent that a text of the bill be printed in the extent compatible with the management cluding wood ducks, song birds, and the the RECORD and a list of organizations purposes specified in paragraphs (1) through threatened bald eagle make their home and individuals who have endorsed the (6). here. The hardwood forests make an creation of the wildlife refuge also be SEC. 4. DEFINITIONS. ideal habitat for numerous woodpeck- printed in the RECORD. In this Act: (1) LAND.—The term ‘‘land’’ includes an in- ers, hawks, and the eastern wild tur- There being no objection, the material was ordered to be printed in the terest in land. key. Other wildlife which would thrive (2) REFUGE.—The term ‘‘refuge’’ means the RECORD, as follows: in this area include deer, beavers, ot- Kentucky National Wildlife Refuge estab- ters, and bobcats. S. 1611 lished under section 5. For visitors, the refuge is conven- Be it enacted by the Senate and House of Rep- (3) SECRETARY.—The term ‘‘Secretary’’ iently located near Paducah, Mayfield, resentatives of the United States of America in means the Secretary of the Interior, acting Congress assembled, Murray, and Benton, and is just 15 through the Director of the United States SECTION 1. SHORT TITLE. miles from Land Between the Lakes, Fish and Wildlife Service. This Act may be cited as the ‘‘Kentucky (4) WATER.—The term ‘‘water’’ includes an which draws nearly 2 million visitors a National Wildlife Refuge Authorization interest in water. year. This refuge is ideally suited to Act’’. SEC. 5. ESTABLISHMENT OF REFUGE. serve surrounding schools, recreational SEC. 2. FINDINGS. (a) ESTABLISHMENT.—In accordance with hikers, and hunters. The Clarks River Congress finds that— this Act, the Secretary shall establish a will also appeal to those who enjoy ca- (1) the area known as the Clarks River staffed and fully functional national wildlife noeing and fishing as well. Basin, consisting of 20,000 acres of bottom- refuge to be known as the ‘‘Kentucky Na- In addition to the environmental and land hardwood and associated wetlands along tional Wildlife Refuge’’. the Clarks River and the East Fork of the (b) BOUNDARY DESIGNATION.—The Sec- educational benefits, the designation of Clarks River in Graves, Marshall, and retary shall— the Kentucky Wildlife Refuge will also McCracken Counties, Kentucky, is of critical (1) consult with appropriate State and provide a significant economic boost to importance to a variety of migratory and local officials, private conservation organi- the area. The creation of Kentucky’s resident waterfowl, neotropical migratory zations, and other interested parties in des- first refuge will help keep tourist dol- birds, forest wildlife, and riverine species, ignating the boundaries of the refuge, which lars in the State. A perfect example of and a wide array of other species associated shall comprise approximately 20,000 acres; this is a trip, planned by the Louisville with bottomland communities; (2) prepare a detailed map depicting the Zoo, to a National Wildlife Refuge in (2) the area is the only major, natural boundaries designated under paragraph (1), (unchannelized) bottomland hardwood wet- which shall be on file and available for pub- Tennessee. This trip is for Kentuckians land ecosystem remaining in western Ken- lic inspection at offices of the United States who are interested in eagle-watching. tucky and attracts wintering migratory wa- Fish and Wildlife Service; and By creating a Kentucky wildlife refuge, terfowl, neotropical migratory birds, and an (3) include in the boundaries of the refuge people who are interested in outdoor array of raptors; the lands, aquatic systems, wetlands, and S1976 CONGRESSIONAL RECORD — SENATE March 13, 1996 waters depicted on the maps prepared under United States Fish and Wildlife Service shall William S. Bryant. paragraph (2). request that the National Fish and Wildlife Frances Williams. (c) BOUNDARY REVISIONS.—The Secretary Foundation established under the National The Black Family.∑ may make such minor revisions in the Fish and Wildlife Foundation Establishment boundaries designated under subsection (b) Act (16 U.S.C. 3701 et seq.) take such meas- By Mr. HELMS (for himself, Mr. as are necessary to carry out the purpose of ures as the Foundation considers appropriate DOLE, Mr. HATCH, Mr. THUR- the refuge and to facilitate the acquisition of to encourage, accept, and administer private MOND, Mr. FAIRCLOTH, Mr. property within the refuge. gifts of property or funds to further the pur- GRAMM, and Mrs. FEINSTEIN): (d) ACQUISITION.—To the extent authorized pose of this Act. S. 1612. A bill to provide for increased under the Land and Water Conservation SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Fund Act of 1965 (16 U.S.C. 460l–4 et seq.), the mandatory minimum sentences for There are authorized to be appropriated criminals possessing firearms, and for Migratory Bird Conservation Act (16 U.S.C. such sums as are necessary to carry out this 715 et seq.), the Fish and Wildlife Act of 1956 Act. other purposes; to the Committee on (16 U.S.C. 742a et seq.), the Emergency Wet- the Judiciary. lands Resources Act of 1986 (16 U.S.C. 3901 et ORGANIZATIONS THAT HAVE ENDORSED THE MANDATORY MINIMUM SENTENCING LEGISLATION seq.), and other laws, the Secretary may ac- CREATION OF THE KENTUCKY NATIONAL Mr. HELMS. Mr. President, a drug quire for inclusion in the refuge, by purchase WILDLIFE REFUGE from willing sellers, donation, or exchange, trafficker who in 1992 was convicted in Appalachia Science in the Public Interest. lands and waters (including permanent con- the U.S. District Court for the Eastern Association of Chenoweth Run Environ- servation easements) within the boundaries District of North Carolina was released mentalists. designated under subsection (b). All lands from prison 2 days ago, Monday, March Audubon Society of Kentucky. and waters so acquired shall become part of Bell County Beautification Association. 11, as the tragic result of an unfortu- the refuge. Berea College Biology Club. nate and unwise Supreme Court deci- (e) OPERATION AND MAINTENANCE.—The Brushy Fork Water Watch. sion. Secretary shall construct such office, main- Community Farm Alliance. Although the drug trafficker had 5 tenance, and support facilities as are nec- Daviess County Audubon Society & Ken- essary for the operation and maintenance of more years to serve, the U.S. Supreme tucky Ornithological Society. the refuge. Court, using the flimsiest of reasoning, Department of Parks set this convicted drug trafficker free. SEC. 6. ADMINISTRATION. Eastern KY University Wildlife Society. (a) GENERAL ADMINISTRATIVE AUTHORITY.— Elkhorn Land & Historic Trust Inc. So, Mr. President, the bill I am intro- The Secretary shall administer all lands and Floyds Fork Environmental Association. ducing today will prevent future crimi- waters acquired under section 5 in accord- Friends of Mill Creek. nals from being set free. I am advised ance with the National Wildlife Refuge Sys- Gun Powder Creek Water Watch. that my bill is being numbered S. 1612. tem Administration Act of 1966 (16 U.S.C. Harlan County Clean Community Associa- Mr. President, S. 1612 provides that a 668dd et seq.). tion. 10-year minimum mandatory sentence (b) OTHER ADMINISTRATIVE AUTHORITY.— Hart County Environmental Group. Consistent with subsection (a) and to carry shall be imposed upon any criminal Highlands Group Cumberland Chapter Si- possessing a gun during and in relation out the purpose of the refuge, the Secretary erra Club. may use such additional authority as is Ky Academy of Science. to the commission of a violent or drug available to the Secretary for the conserva- Ky Association for Environmental Edu- trafficking crime. This, of course, does tion and development of fish, wildlife, and cation. not apply to lawful possession of a gun. natural resources, the development of out- Ky Audubon Council. This bill will obviously crack down door recreational opportunities (including Ky Citizens Accountability Project. on gun-toting thugs who commit vio- hunting, trapping, and fishing), and interpre- Ky Conservation Committee. lent felonies and drug trafficking of- tative education. Ky Fish & Wildlife Education & Resource fenses and other felonies. Moreover, it (c) MANAGEMENT PLAN.— Foundation. (1) IN GENERAL.—Not later than 18 months Ky Houndsmen Association. will ensure that criminals possessing a after the date of enactment of this Act, the Ky Native Plant Society. firearm while committing a violent or Secretary shall prepare a comprehensive Ky Society of Natural History. drug trafficking felony shall receive a management plan for the development and Ky State Nature Preserve Commission. stiff punishment. operation of the refuge that shall include— Lake Cumberland Water Watch. This is just common sense, Mr. Presi- (A) refuge management priorities and Land & Nature Trust of the Bluegrass. dent; violent felons who possess fire- strategies; League of Ky Sportsman. arms are more dangerous than those (B) the planning and design of observation League of Women Voters of Kentucky. points, trails, and access points, including who do not. Leslie County KAB System. Current Federal law provides that a parking and other necessary facilities; and Litter River Audubon Society. (C) such provisions as are necessary to en- Louisville Audubon Society. person who, during a Federal crime of sure that— Louisville Chapter 476 of Trout Unlimited. violence or drug trafficking crime, uses (i) no activity carried out in the refuge will Louisville Nature Center. or carries a firearm shall be sentenced result in the obstruction of the flow of water Madison County Clean Community Com- to 5 years in prison. That law has been so as to affect any private land adjacent to mittee. used effectively by Federal prosecutors the refuge; and Madison Environment. across the country to add 5 additional (ii) no buffer zone regulating any land use Mall Interiors. (other than hunting and fishing) is estab- years to the prison sentences of crimi- Midway Area Environmental Committee. nals who use or carry firearms. lished. National Wild Turkey Federation. (2) PUBLIC PARTICIPATION.— Oldham Community Center & Nature Pre- However, a recent U.S. Supreme (A) IN GENERAL.—The Secretary shall pro- serve, Inc. Court decision threatens to undermine vide opportunity for public participation in Petersen’s Fault Farm. the efforts of prosecutors to use this developing the management plan. Pleasant Hill Recreation Association. statute effectively. The Supreme (B) LOCAL ENTITIES.—The Secretary shall Pride Inc. Court’s decision, Bailey versus United give special consideration to means by which Quail Unlimited States, interpreted the law to require the participation and contributions of local Rockcastle River Rebirth. public and private entities in developing and that a violent felon actively employ a Rocky Mountain Elk Foundation. firearm as a precondition of receiving implementing the management plan can be Ruddles Mill Conservation Project. encouraged. Scenic Kentucky. an additional 5 year sentence. The (d) OUTREACH AND EDUCATION.—The Sec- Shelby Clean Community Program. Court in Bailey held that the firearm retary shall work with, provide technical as- Shelby County Clean Community Council. must be brandished, fired or otherwise sistance to, provide community outreach and Sierra Club Cumberland Chapter. actively used before the additional 5 education programs for or with, or enter into Steve & Janet Kistler. year sentence may be imposed. So if a cooperative agreements with private land- The Nature Conservancy/Kentucky Chap- criminal merely possesses a firearm, owners, State and local governments or ter. agencies, and conservation organizations to but does not fire or otherwise use it, he The Wildlife Connection. gets off without the additional 5 year further the purpose for which the refuge is Trout Unlimited/KYOUA Chapter. established. Mikeal E. Joseph. penalty. SEC. 7. GIFTS. Paul Garland. Mr. President, this Supreme Court As soon as practicable after the date of en- Paul C. Garland. decision poses serious problems for law actment of this Act, the Director of the Kathy Zajac. enforcement. It weakens the Federal March 13, 1996 CONGRESSIONAL RECORD — SENATE S1977 criminal law; it is leading to the early tences for violent armed felons from 5 shall the term of imprisonment imposed release of hundreds of violent crimi- to 10 years—and if the firearm is dis- under this subsection run concurrently with nals. Before this Supreme Court’s error charged, the term of imprisonment is any other term of imprisonment including of judgment, in the Bailey versus U.S. 20 years. This legislation also increases that imposed for the crime of violence or decision, armed criminals committing drug trafficking crime in which the firearm to 25 years the mandatory sentences was possessed.’’. violent or drug trafficking felonies for second and subsequent offenses. were jailed for an additional 5 years, Mr. President, this bill is a necessary f regardless of whether they actively em- and appropriate response to the Su- ployed their weapons. Now, as a result preme Court’s judicial limitation of ADDITIONAL COSPONSORS of the Court’s decision, the prison re- the mandatory penalty for gun-toting S. 581 volving door is in full swing. Yet an- criminals. According to Sentencing At the request of Mr. FAIRCLOTH, the other roadblock has been erected be- Commission statistics, more than 9,000 name of the Senator from Florida [Mr. tween a savage criminal act and swift, armed violent felons were convicted MACK] was added as a cosponsor of S. certain punishment. from April, 1991, through October, 1995. 581, a bill to amend the National Labor Mr. President, now that the word is In North Carolina alone, this statute Relations Act and the Railway Labor out, prisoners already are preparing was used to help imprison over 800 vio- Act to repeal those provisions of Fed- and filing motions to get out of jail as lent criminals. We must strengthen law eral law that require employees to pay fast as they can write. U.S. attorneys enforcement’s ability to use this strong union dues or fees as a condition of em- are receiving petitions from criminals anticrime provision. ployment, and for other purposes. every day—for example consider the Fighting crime is, and should be, a case of Lancelot Martin, who ran a top concern in America. It has been es- S. 942 drug trafficking operation out of Ra- timated that in the United States one At the request of Mr. BOND, the name leigh, NC: In 1992, Martin had at- violent crime is committed every 16 of the Senator from Illinois [Ms. tempted to use the U.S. Postal Service seconds. And with youth-related vio- MOSELEY-BRAUN] was added as a co- to receive and sell drugs. Martin was lent crime at an all-time high, we must sponsor of S. 942, a bill to promote in- arrested by a Raleigh crime task force. fight back with the most severe pun- creased understanding of Federal regu- The authorities obtained a warrant, ishment possible for those who terror- lations and increased voluntary com- searched his apartment, seized his ize law-abiding citizens. pliance with such regulations by small drugs and recovered a 9 mm. semi-auto- Mr. President, I ask unanimous con- entities, to provide for the designation matic pistol that Martin used to pro- sent that the text of the bill be printed of regional ombudsmen and oversight tect his drug business. in the RECORD. boards to monitor the enforcement Martin was convicted of drug traf- There being no objection, the bill was practices of certain Federal agencies ficking charges and received a 5 year ordered to be printed in the RECORD, as with respect to small business con- sentence for using the gun. But Mon- follows: cerns, to provide relief from excessive day, well before his sentence expired, and arbitrary regulatory enforcement Martin walked free, simply because his S. 1612 Be it enacted by the Senate and House of Rep- actions against small entities, and for gun and a hefty supply of drugs were other purposes. found—but the Court somehow held resentatives of the United States of America in Congress assembled, S. 948 that the gun was not actively employed during his drug trafficking SECTION 1. INCREASED MANDATORY MINIMUM At the request of Mr. DORGAN, the SENTENCES FOR CRIMINALS POS- names of the Senator from Nebraska crime. SESSING FIREARMS. So, Mr. President, my bill will ensure Section 924(c)(1) of title 18, United States [Mr. KERREY] and the Senator from Il- that future criminals possessing guns, Code, is amended to read as follows: linois [Ms. MOSELEY-BRAUN] were like Lancelot Martin, serve real time ‘‘(c)(1)(A) Except to the extent a greater added as cosponsors of S. 948, a bill to when they use a gun in furtherance of minimum sentence is otherwise provided by encourage organ donation through the a violent or drug trafficking crime. any other provision of this subsection or any inclusion of an organ donation card There are many other examples similar other law, a person who, during and in rela- with individual income refund pay- tion to any crime of violence or drug traf- ments, and for other purposes. to the episode involving Lancelot Mar- ficking crime (including a crime of violence tin. or drug trafficking crime which provides for S. 953 As a result of the Court’s decision, an enhanced punishment if committed by the At the request of Mr. DOLE, the name any thug who hides a gun under the use of a deadly or dangerous weapon or de- of the Senator from Delaware [Mr. back seat of his car, or who stashes a vice) for which a person may be prosecuted ROTH] was added as a cosponsor of S. gun with his drugs, may now get off in a court of the United States, possesses a 953, a bill to require the Secretary of with a slap on the wrist. Or if a crimi- firearm shall, in addition to the punishment the Treasury to mint coins in com- nal stores a sub-machinegun in a provided for such crime of violence or drug memoration of black revolutionary war crack-house where he runs a drug traf- trafficking crime— ‘‘(i) be punished by imprisonment for not patriots. ficking operation, he can now avoid the less than 10 years; At the request of Mr. CHAFEE, the additional penalty. The fact is, Mr. ‘‘(ii) if the firearm is discharged, be pun- names of the Senator from Georgia President, that firearms are the tools ished by imprisonment for not less than 20 [Mr. COVERDELL], the Senator from of the trade of most drug traffickers. years; and Massachusetts [Mr. KENNEDY], and the Weapons clearly facilitate the criminal ‘‘(iii) if the death of a person results, be Senator from Arkansas [Mr. PRYOR] transactions and embolden violent punished by the death penalty or by impris- were added as cosponsors of S. 953, onment for not less than life. thugs to commit their crimes. supra. I believe that mere possession of a ‘‘(B) If the firearm possessed by a person S. 1483 firearm, during the commission of a convicted under this subsection is a machinegun or a destructive device, or is violent felony—even if the weapon is At the request of Mr. KYL, the name equipped with a firearm silencer or firearm of the Senator from Nebraska [Mr. not actively used—should nonetheless muffler, such person shall be sentenced to be punished—because of the heightened EXON] was added as a cosponsor of S. imprisonment for not less than 30 years. 1483, a bill to control crime, and for risk of violence when firearms are ‘‘(C) In the case of a second or subsequent present. In its opinion, the Supreme conviction under this subsection, such per- other purposes. Court observed, ‘‘Had Congress in- son shall be sentenced to imprisonment for SENATE CONCURRENT RESOLUTION 43 tended possession alone to trigger li- not less than 25 years, and if the firearm is At the request of Mr. THOMAS, the ability . . . it easily could have so pro- a machinegun or a destructive device, or is name of the Senator from Virginia [Mr. vided.’’ That, Mr. President, is pre- equipped with a firearm silencer or firearm WARNER] was added as a cosponsor of muffler, to life imprisonment without re- Senate Concurrent Resolution 43, a cisely the intent of this legislation—to lease. make clear that ‘‘possession alone’’ ‘‘(D) Notwithstanding any other provision concurrent resolution expressing the does indeed ‘‘trigger liability.’’ of law, the court shall not place on probation sense of the Congress regarding pro- This legislation will increase the or suspend the sentence of any person con- posed missile tests by the People’s Re- mandatory—repeat, mandatory—sen- victed of a violation of this subsection, nor public of China. S1978 CONGRESSIONAL RECORD — SENATE March 13, 1996

SENATE RESOLUTION 226 an extraordinary leader who served the cause least equivalent to the U.S. bilateral con- At the request of Mr. DOMENICI, the of peace and who furthered the special rela- tributions made under this Act and in the name of the Senator from New Hamp- tionship between the United States and Is- FY 1995 and FY 1996 Foreign Operations, Ex- rael. port Financing and Related Programs Appro- shire [Mr. GREGG] was added as a co- priations bills. sponsor of Senate Resolution 226, a res- f olution to proclaim the week of Octo- AMENDMENTS SUBMITTED LAUTENBERG (AND OTHERS) ber 13, through October 19, 1996, as ‘‘Na- AMENDMENT NO. 3482 tional Character Counts Week.’’ Mr. LAUTENBERG (for himself, Ms. f THE 1996 BALANCED BUDGET MIKULSKI, Mr. DASCHLE, Mr. DOWN PAYMENT ACT, II SENATE CONCURRENT RESOLU- LIEBERMAN, Mr. KENNEDY, Mr. LEVIN, TION 46—RELATIVE TO THE Mr. WELLSTONE, Mrs. BOXER, and Mr. LATE ISRAELI PRIME MINISTER LEAHY) proposed an amendment to MCCONNELL (AND OTHERS) RABIN amendment No. 3466 proposed by Mr. AMENDMENT NO. 3480 Mr. INOUYE (for himself, Mr. HATFIELD to the bill H.R. 3019, supra; as D’AMATO, Mr. SIMPSON, Mr. SMITH, Mr. Mr. DOLE (for Mr. MCCONNELL for follows: MACK, Mr. CONRAD, Mr. FORD, Mr. himself, Mr. DOLE, Mr. BENNETT, Mrs. On page 781, between lines 4 and 5, insert MCCONNELL, Mr. HELMS, Mr. HEFLIN, HUTCHISON, Mr. FAIRCLOTH, Mr. the following: Mr. STEVENS, Mr. DOMENICI, Mr. WAR- MCCAIN, Mr. D’AMATO, and Mr. BURNS) TITLE V—ENVIRONMENTAL INITIATIVES NER, Mr. GRAHAM, and Mr. CRAIG) sub- proposed an amendment to amendment CHAPTER 1—RESTORATIONS FOR mitted the following concurrent resolu- No. 3466 proposed by Mr. HATFIELD to PRIORITY ENVIRONMENT PROGRAMS tion; which was referred to the Com- the bill (H.R. 3019) making appropria- DEPARTMENT OF THE INTERIOR AND mittee on Foreign Relations: tions for fiscal year 1996 to make a fur- RELATED AGENCIES ther downpayment toward a balanced S. CON. RES. 46 NATIONAL PARK SERVICE budget, and for other purposes; as fol- Whereas the late Prime Minister Rabin OPERATION OF THE NATIONAL PARK SYSTEM was an outstanding Ambassador during his lows: In addition to funds provided elsewhere in service in the United States; No funds may be provided under this Act this Act, $72,137,000, to remain available Whereas the late Israeli Prime Minister until the President certifies to the Commit- until December 31, 1996. Yitzhak Rabin was a chief architect of the tee on Appropriations that: DEPARTMENT OF AGRICULTURE military and nonmilitary ties between the (1) The Federation of Bosnia and STATE AND PRIVATE FORESTRY United States and Israel; Herzegovina is in full compliance with Arti- cle III, Annex 1A of the Dayton Agreement; An additional $14,500,000 for the steward- Whereas the late Prime Minister Rabin ship incentive program. was one of the leading and more consistent and and reliable friends of the United States in (2) Intelligence cooperation between Ira- DEPARTMENT OF ENERGY the world; nian officials and Bosnian officials has been ENERGY CONSERVATION Whereas the late Prime Minister Rabin terminated. In addition to funds provided elsewhere in was a cornerstone of the alliance between this Act, $75,000,000, to remain available the United States and Israel in the face of MCCONNELL (AND OTHERS) until expended. terrorism and radicalism; AMENDMENT NO. 3481 DEPARTMENT OF AGRICULTURE Wheras the late Prime Minister Rabin AGRICULTURAL RESEARCH SERVICE strengthened the values of democracy, plu- Mr. DOLE (for Mr. MCCONNELL for An additional $5,000,000 for the Agricul- ralism, and market economy, which are at himself, Mr. DOLE, Mrs. HUTCHISON, Mr. tural Research Service for the purpose of the foundation of both the United States and FAIRCLOTH, Mr. MCCAIN, Mr. D’AMATO, Israel; carrying out additional research related to a and Mr. BURNS) proposed an amend- replacement for methyl bromide. Whereas the late Prime Minister Rabin, ment to amendment No. 3466 proposed the courageous warrior, dedicated most of DEPARTMENTS OF VETERANS AFFAIRS his life to Israel’s independence and security; by Mr. HATFIELD to the bill H.R. 3019, AND HOUSING AND URBAN DEVELOP- Whereas the late Prime Minister Rabin de- supra; as follows: MENT, AND INDEPENDENT AGENCIES voted the latter part of his life to the pursuit On page 751, section entitled ‘‘Agency for ENVIRONMENTAL PROTECTION AGENCY of lasting peace between Israel and its neigh- International Development, Assistance for SCIENCE AND TECHNOLOGY bors; Eastern Europe and the Baltics,’’ insert at In addition to funds provided elsewhere in Whereas the American Promenade in Israel the appropriate place, the following: ‘‘Pro- this Act, $37,000,000, to remain available is a privately funded project, expressing Isra- vided further, That funds appropriated by this until September 30, 1997. el’s appreciation toward the United States Act may only be made available for projects, and commemorating the unique bonds of activities, or programs within the sector as- ENVIRONMENTAL PROGRAMS AND MANAGEMENT friendship between the two countries; signed to American forces of the NATO mili- In addition to funds provided elsewhere in Whereas the American Promenade had tary Implementation Force (IFOR) and Sara- this Act, $148,000,000, to remain available earned the bipartisan support of the top Is- jevo: Provided further, That Priority consid- until September 30, 1997. raeli leadership, including the late Prime eration shall be given to projects and activi- BUILDINGS AND FACILITIES Minister Rabin, Prime Minister Shimon ties designated in the IFOR ‘‘Task Force In addition to funds provided elsewhere in Peres, former Prime Minister Yitzhak Eagle civil military project list’’: Provided this Act, $50,000,000, to remain available Shamir, and Likud Chairman Benjamin further, That No funds made available under until expended: Provided, That notwithstand- Netanyahu, as well as the leadership of the this Act, or any other Act, may be obligated ing any other provision of law, EPA is au- United States Congress; for the purposes of rebuilding or repairing thorized to establish and construct a consoli- Whereas the American Promenade will housing in areas where refugees or displaced dated research facility at Research Triangle consist of 50 marble, 20 foot high monuments persons are refused the right of return due to Park, North Carolina, at a maximum total bearing the flags and the official seals of the ethnicity or political party affiliation: Pro- construction cost of $232,000,000, and to obli- 50 States of this country and the United vided further, That No funds may be made gate such monies as are made available by States-Israel Friendship Botanical Garden, available under this heading in this Act, or this Act, and hereafter, for this purpose. featuring biblical and State trees and flow- any other Act, to any banking or financial HAZARDOUS SUBSTANCE SUPERFUND ers; and institution in Bosnia and Herzegovina unless Whereas the late Prime Minister Rabin such institution agrees in advance, and in In addition to funds provided elsewhere in served as the Honorary Chairman of the writing, to allow the United States General this Act, $50,000,000, to remain available American Promenade: Now, therefore, be it Accounting Office access for the purposes of until expended, as authorized by section Resolved by the Senate (the House of Rep- audit of the use of U.S. assistance: Provided 517(a) of the Superfund Amendments and Re- resentatives concurring), That— further, That effective ninety days after the authorization Act of 1986 (SARA), as amend- (1) the Congress expresses its admiration of date of enactment of this Act, none of the ed by Public Law 101–508. the legacy of the late Israeli Prime Minister funds appropriated under this heading may STATE AND TRIBAL ASSISTANCE GRANTS Yitzhak Rabin and his contribution to the be made available for the purposes of eco- In addition to funds provided elsewhere in special relationship between the United nomic reconstruction in Bosnia and this Act, $440,000,000, to remain available States and Israel; and herzegovina unless the President determines until expended, of which $365,000,000 shall be (2) it is the sense of the Congress that the and certifies in writing to the Committees for making capitalization grants for State American Promenade in Israel be named in on Appropriations that the bilateral con- revolving funds to support water infrastruc- memory of Prime Minister Yitzhak Rabin as tributions pledged by non-U.S. donors are at ture financing, and $75,000,000 shall be for March 13, 1996 CONGRESSIONAL RECORD — SENATE S1979 making grants for the construction of ‘‘(2) Neither the disbursing official nor the debtor/payee from the institution receiving wastewater treatment facilities for munici- payment certifying agency shall be liable— the payment. Upon request by the Secretary, palities discharging into Boston Harbor in ‘‘(A) for the amount of the offset on the the institution receiving the payment shall accordance with the terms and conditions basis that the underlying obligation, rep- report the current address of the debtor/ specified for Boston Harbor grants in the resented by the payment before the offset payee to the Secretary. Conference Report accompanying H.R. 2099: was taken, was not satisfied; or ‘‘(6) The Secretary of the Treasury is au- Provided, That of the additional $365,000,000 ‘‘(B) for failure to provide timely notice thorized to prescribe such rules, regulations, for capitalization grants for State revolving under paragraph (8). and procedures as the Secretary of the funds, $175,000,000 shall be for drinking water ‘‘(3)(A) Notwithstanding any other provi- Treasury deems necessary to carry out the State revolving funds, but if no drinking sion of law (including sections 207 and purposes of this subsection. The Secretary water State revolving fund legislation is en- 1631(d)(1) of the Act of August 14, 1935 (42 shall consult with the heads of affected agen- acted by June 1, 1996, these funds shall im- U.S.C. 407 and 1383(d)(1)), section 413(b) of cies in the development of such rules, regula- mediately be available for making capital- Public Law 91–173 (30 U.S.C. 923(b)), and sections, and procedures. ization grants under Title VI of the Federal tion 14 of the Act of August 29, 1935 (45 U.S.C. ‘‘(7)(A) Any Federal agency that is owed by Water Pollution Control Act, as amended. 231m)), all payments due under the Social a named person a past-due legally enforce- CHAPTER 2—SPENDING OFFSETS Security Act, Part B of the Black Lung Ben- able non-tax debt that is over 180 days delinquent (other than any past-due support), in- Subchapter A—Debt Collection efits Act, or under any law administered by the Railroad Retirement Board shall be sub- cluding non-tax debt administered by a third SEC. 5101. SHORT TITLE. ject to offset under this section. party acting as an agent for the Federal Gov- This subchapter may be cited as the ‘‘Debt ‘‘(B) An amount of $10,000 which a debtor ernment, shall notify the Secretary of the Collection Improvement Act of 1996’’. may receive under Federal benefit programs Treasury of all such non-tax debts for pur- SEC. 5102. EFFECTIVE DATE. cited under subparagraph (A) within a 12- poses of offset under this subsection. Except as otherwise provided in this sub- month period shall be exempt from offset ‘‘(B) An agency may delay notification chapter, the provisions of this subchapter under this subsection. In applying the $10,000 under subparagraph (A) with respect to a and the amendments made by this sub- exemption, the disbursing official shall— debt that is secured by bond or other instru- chapter shall be effective on the date of en- ‘‘(i) apply a prorated amount of the exemp- ments in lieu of bond, or for which there is actment of this Act. tion to each periodic benefit payment to be another specific repayment source, in order PART I—GENERAL DEBT COLLECTION made to the debtor during the applicable 12- to allow sufficient time to either collect the INITIATIVES month period; and debt through normal collection processes Subpart A—General Offset Authority ‘‘(ii) consider all benefit payments made (including collection by internal administra- SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE during the applicable 12-month period which tive offset) or render a final decision on any OFFSET AUTHORITY. are exempt from offset under this subsection protest filed against the claim. (a) Section 3701(c) of title 31, United States as part of the $10,00 exemption. ‘‘(8) The disbursing official conducting the Code, is amended to read as follows: For purposes of the preceding sentence, the offset shall notify the payee in writing of— ‘‘(c) In sections 3716 and 3717 of this title, amount of a periodic benefit payment shall ‘‘(A) the occurrence of an offset to satisfy the term ‘person’ does not include an agency be the amount after any reduction or deduc- a past-due legally enforceable debt, includ- of the United States Government, or of a tion required under the laws authorizing the ing a description of the type and amount of unit of general local government.’’. program under which such payment is au- the payment otherwise payable to the debtor (b) Section 3716 of title 31, United States thorized to be made (including any reduction against which the offset was executed; Code, is amended— or deduction to recover any overpayment ‘‘(B) the identity of the creditor agency re- (1) by amending subsection (b) to read as under such program). questing the offset; and follows: ‘‘(C) The Secretary of the Treasury shall ‘‘(C) a contact point within the creditor ‘‘(b) Before collecting a claim by adminis- exempt means-tested programs when noti- agency that will handle concerns regarding trative offset, the head of an executive, leg- fied by the head of the respective agency. the offset.’’. islative, or judicial agency must either— The Secretary may exempt other payments Where the payment to be offset is a periodic ‘‘(1) adopt regulations on collecting by ad- from offset under this subsection upon the benefit payment, the disbursing official shall ministrative offset promulgated by the De- written request of the head of a payment cer- take reasonable steps, as determined by the partment of Justice, the General Accounting tifying agency. A written request for exemp- Secretary of the Treasury, to provide the no- Office and/or the Department of the Treasury tion of other payments must provide justice to the payee not later than the date on without change; or tification for the exemption under which the payee is otherwise scheduled to re- ‘‘(2) prescribe independent regulations on thestandards prescribed by the Secretary. ceive the payment, or as soon as practical collecting by administrative offset consist- Such standards shall give due consideration thereafter, but no later than the date of the ent with the regulations promulgated under to whether offset would tend to interfere offset. Notwithstanding the preceding sen- paragraph (1).’’; substantially with or defeat the purposes of tence, the failure of the debtor to receive (2) by amending subsection (c)(2) to read as the payment certifying agency’s program. such notice shall not impair the legality of follows: ‘‘(D) The provisions of sections 205(b)(1) such offset. ‘‘(2) when a statute explicitly prohibits and 1631(c)(1) of the Social Security Act shall ‘‘(9) A levy pursuant to the Internal Reve- using administrative ‘offset’ or ‘setoff’ to not apply to any offset executed pursuant to nue Code of 1986 shall take precedence over collect the claim or type of claim involved.’’; this section against benefits authorized by requests for offset received from other agen- (3) by redesignating subsection (c) as sub- either title II or title XVI of the Social Secu- cies.’’. section (d); and rity Act. (c) Section 3701(a) of title 31, United States (4) by inserting after subsection (b) the fol- ‘‘(4) The Secretary of the Treasury is au- Code, is amended by adding at the end the lowing new subsection: thorized to charge a fee sufficient to cover following new paragraph: ‘‘(c)(1)(A) Except as provided in subpara- the full cost of implementing this sub- ‘‘(8) ‘non-tax claim’ means any claim from graph (B) or (C), a disbursing official of the section. The fee may be collected either by any agency of the Federal Government other Department of the Treasury, the Department the retention of a portion of amounts col- than a claim by the Internal Revenue Serv- of Defense, the United States Postal Service, lected pursuant to this subsection, or by bill- ice under the Internal Revenue Code of or any disbursing official of the United ing the agency referring or transferring the 1986.’’. States designated by the Secretary of the claim. Fees charged to the agencies shall be SEC. 5202. HOUSE OF REPRESENTATIVES AS LEG- Treasury, is authorized to offset the amount based only on actual offsets completed. Fees ISLATIVE AGENCY. of a payment which a payment certifying charged under this subsection concerning de- (a) Section 3701 of title 31, United States agency has certified to the disbursing offi- linquent claims may be considered as costs Code, is amended by adding at the end the cial for disbursement by an amount equal to pursuant to section 3717(e) of this title. Fees following new subsections: the amount of a claim which a creditor agen- charged under this subsection shall be depos- ‘‘(e) For purposes of subchapters I and II of cy has certified to the Secretary of the ited into the ‘Account’ determined by the chapter 37 of title 31, United States Code (re- Treasury pursuant to this subsection. Secretary of the Treasury in accordance lating to claims of or against United States ‘‘(B) An agency that designates disbursing with section 3711(g) of this title, and shall be Government), the United States House of officials pursuant to section 3321(c) of this collected and accounted for in accordance Representatives shall be considered to be a title is not required to certify claims arising with the provisions of that section. legislative agency (as defined in section out of its operations to the Secretary of the ‘‘(5) The Secretary of the Treasury may 3701(a)(4) of such title), and the Clerk of the Treasury before such agency’s disbursing of- disclose to a creditor agency the current ad- House of Representatives shall be deemed to ficials offset such claims. dress of any payee and any data related to be the head of such legislative agency. ‘‘(C) Payments certified by the Department certifying and authorizing such payment in ‘‘(f) Regulations prescribed by the Clerk of of Education under a program administered accordance with section 552a of title 5, Unit- the House of Representatives pursuant to by the Secretary of Education under title IV ed States Code, even when the payment has section 3716 of title 31, United States Code, of the Higher Education Act of 1965, as been exempt from offset. Where payments shall not become effective until they are ap- amended, shall not be subject to offset under are made electronically, the Secretary is au- proved by the Committee on Rules of the this subsection. thorized to obtain the current address of the House of Representatives.’’. S1980 CONGRESSIONAL RECORD — SENATE March 13, 1996 SEC. 5203. EXEMPTION FROM COMPUTER MATCH- tical, the individual is provided written no- ‘‘(B) The term ‘person’ means an individ- ING REQUIREMENTS UNDER THE tice of the nature and the amount of the ad- ual, sole proprietorship, partnership, cor- PRIVACY ACT OF 1974. justment and a point of contact for contest- poration, nonprofit organization, or any Section 552a(a) of title 5, United States ing such adjustment.’’; and other form of business association, but with Code, is amended in paragraph (8)(B)— (D) by amending paragraph (5)(B) (as redes- the exception of debtors owing claims result- (1) by striking ‘‘or’’ at the end of clause ignated) to read as follows: ing from petroleum pricing violations does (vi); ‘‘(B) For purposes of this section ‘agency’ not include debtors under third party claims (2) by inserting ‘‘or’’ at the end of clause includes executive departments and agen- of the United States. (vii); and cies, the United States Postal Service, the ‘‘(d) ACCESS TO SOCIAL SECURITY NUM- (3) by adding after clause (vii) the follow- Postal Rate Commission, the United States BERS.—Notwithstanding section 552a of title ing new clause: Senate, the United States House of Rep- 5, United States Code, creditor agencies to ‘‘(viii) matches for administrative offset or resentatives, and any court, court adminis- which a delinquent claim is owed, and their claims collection pursuant to subsection trative office, or instrumentality in the judi- agents, may match their debtor records with 3716(c) of title 31, section 5514 of this title, or cial or legislative branches of government, the Social Security Administration records any other payment intercept or offset pro- and government corporations.’’; to verify name, name control, Social Secu- gram authorized by statute;’’. (2) by adding at the end of subsection (b) rity number, address, and date of birth.’’. SEC. 5204. TECHNICAL AND CONFORMING the following new paragraphs: SEC. 5232. BARRING DELINQUENT FEDERAL AMENDMENTS. ‘‘(3) For purposes of this section, the Clerk DEBTORS FROM OBTAINING FED- (a) Title 31, United States Code, is amend- of the House of Representatives shall be ERAL LOANS OR LOAN GUARANTEES. ed— deemed to be the head of the agency. Regula- (a) Title 31, United States Code, is amend- (1) in section 3322(a), by inserting ‘‘section tions prescribed by the Clerk of the House of ed by adding after section 3720A the follow- 3716 and section 3720A of this title, section Representatives pursuant to subsection (b)(1) ing new section: 6331 of title 26, and’’ after ‘‘Except as pro- shall be subject to the approval of the Com- ‘‘§ 3720B. Barring delinquent Federal debtors vided in’’; mittee on Rules of the House of Representa- from obtaining Federal loans or loan guar- (2) in section 3325(a)(3), by inserting ‘‘or tives. antees ‘‘(4) For purposes of this section, the Sec- pursuant to payment intercepts or offsets ‘‘(a) Unless waived by the head of the agen- retary of the Senate shall be deemed to be pursuant to section 3716 or 3720A, or pursu- cy, no person may obtain any Federal finan- the head of the agency. Regulations pre- ant to levies executed under section 6331 of cial assistance in the form of a loan or a loan scribed by the Secretary of the Senate pursu- the Internal Revenue Code of 1986 (26 U.S.C. guarantee if such person has an outstanding ant to subsection (b)(1) shall be subject to 6331),’’ after ‘‘voucher’’; and Federal non-tax debt which is in a delin- the approval of the Committee on Rules and (3) in sections 3711, 3716, 3717, and 3718, by quent status, as determined under the stand- Administration of the Senate.’’; and striking ‘‘the head of an executive or legisla- ards prescribed by the Secretary of the (3) by adding after subsection (c) the fol- tive agency’’ each place it appears and in- Treasury, with a Federal agency. Any such lowing new subsection: serting instead ‘‘the head of an executive, ju- person may obtain additional Federal finan- dicial, or legislative agency’’. ‘‘(d) A levy pursuant to the Internal Reve- nue Code of 1986 shall take precedence over cial assistance only after such delinquency is (b) Subsection 6103(l)(10) of title 26, United resolved, pursuant to these standards. This States Code, is amended— requests for offset received from other agencies.’’. section shall not apply to loans or loan guar- (1) in subparagraph (A), by inserting ‘‘and antees where a statute specifically permits Subpart C—Taxpayer Identifying Numbers to officers and employees of the Department extension of Federal financial assistance to of the Treasury in connection with such re- SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING borrowers in delinquent status. duction’’ adding after ‘‘6402’’; and NUMBERS; BARRING DELINQUENT ‘‘(b) The head of the agency may delegate DEBTORS FROM CREDIT ASSIST- (2) in subparagraph (B), by adding ‘‘and to the waiver authority described in subsection officers and employees of the Department of ANCE. Section 4 of the Debt Collection Act of 1982 (a) to the Chief Financial Officer of the agen- the Treasury in connection with such reduc- cy. The waiver authority may be redelegated tion’’ after ‘‘agency’’. (Public Law 97–365, 96 Stat. 1749, 26 U.S.C. 6103 note) is amended— only to the Deputy Chief Financial Officer of Subpart B—Salary Offset Authority (1) in subsection (b), by striking ‘‘For pur- the agency. SEC. 5221. ENHANCEMENT OF SALARY OFFSET poses of this section’’ and inserting instead ‘‘(c) For purposes of this section, ‘person’ AUTHORITY. ‘‘For purposes of subsection (a)’’; and means an individual; or sole proprietorship, Section 5514 of title 5, United States Code, (2) by adding at the end thereof the follow- partnership, corporation, non-profit organi- is amended— ing new subsections: zation, or any other form of business associa- (1) in subsection (a)— ‘‘(c) FEDERAL AGENCIES.—Each Federal tion.’’. (A) by adding at the end of paragraph (1) agency shall require each person doing busi- (b) The table of sections for subchapter II the following: ‘‘All Federal agencies to which ness with that agency to furnish to that of chapter 37 of title 31, United States Code, debts are owed and are delinquent in repay- agency such person’s taxpayer identifying is amended by inserting after the item relat- ment, shall participate in a computer match number. ing to section 3720A the following new item: at least annually of their delinquent debt ‘‘(1) For purposes of this subsection, a per- ‘‘3720B. Barring delinquent Federal debtors records with records of Federal employees to son is considered to be ‘doing business’ with from obtaining Federal loans or identify those employees who are delinquent a Federal agency if the person is— loan guarantees.’’. in repayment of those debts. Matched Fed- ‘‘(A) a lender or servicer in a Federal guar- Subpart D—Expanding Collection Authorities eral employee records shall include, but anteed or insured loan program; and Governmentwide Cross-Servicing shall not be limited to, active Civil Service ‘‘(B) an applicant for, or recipient of— SEC. 5241. EXPANDING COLLECTION AUTHORI- employees government-wide, military active ‘‘(i) a Federal guaranteed, insured, or di- TIES UNDER THE DEBT COLLECTION duty personnel, military reservists, United rect loan; or ACT OF 1982. States Postal Service employees, and records ‘‘(ii) a Federal license, permit, right-of- (a) Subsection 8(e) of the Debt Collection of seasonal and temporary employees. The way, grant, benefit payment or insurance; Act of 1982 (Public Law 97–365, 31 U.S.C. Secretary of the Treasury shall establish and ‘‘(C) a contractor of the agency; 3701(d) and 5 U.S.C. 5514 note) is repealed. maintain an interagency consortium to im- ‘‘(D) assessed a fine, fee, royalty or penalty (b) Section 5 of the Social Security Domes- plement centralized salary offset computer by that agency; tic Employment Reform Act of 1994 (Public matching, and promulgate regulations for ‘‘(E) in a relationship with a Federal agen- Law 103–387) is repealed. this program. Agencies that perform central- cy that may give rise to a receivable due to (c) Section 631 of the Tariff Act of 1930 (19 ized salary offset computer matching serv- that agency, such as a partner of a borrower U.S.C. 1631), is repealed. ices under this subsection are authorized to in or a guarantor of a Federal direct or in- (d) Title 31, United States Code, is amend- charge a fee sufficient to cover the full cost sured loan; and ed— for such services.’’; ‘‘(F) is a joint holder of any account to (1) in section 3701— (B) by redesignating paragraphs (3) and (4) which Federal benefit payments are trans- (A) by amending subsection (a)(4) to read as paragraphs (4) and (5), respectively; ferred electronically. as follows: (C) by inserting after paragraph (2) the fol- ‘‘(2) Each agency shall disclose to the per- ‘‘(4) ‘executive, judicial or legislative agen- lowing new paragraph: son required to furnish a taxpayer identify- cy’ means a department, military depart- ‘‘(3) The provisions of paragraph (2) shall ing number under this subsection its intent ment, agency, court, court administrative not apply to routine intra-agency adjust- to use such number for purposes of collecting office, or instrumentality in the executive, ments of pay that are attributable to clerical and reporting on any delinquent amounts judicial or legislative branches of govern- or administrative errors or delays in process- arising out of such persons’s relationship ment, including government corporations.’’; ing pay documents that have occurred with- with the government. and in the four pay periods preceding the adjust- ‘‘(3) For purposes of this subsection: (B) by inserting after subsection (c) the fol- ment and to any adjustment that amounts to ‘‘(A) The term ‘taxpayer identifying num- lowing new subsection: $50 or less, provided that at the time of such ber’ has the meaning given such term in sec- ‘‘(d) Sections 3711(f) and 3716–3719 of this adjustment, or as soon thereafter as prac- tion 6109 of title 26, United States Code. title do not apply to a claim or debt under, March 13, 1996 CONGRESSIONAL RECORD — SENATE S1981 or to an amount payable under, the Internal through a different method, or to fund the ‘‘(C) The head of an executive, legislative, Revenue Code of 1986.’’; activity from another account or from reve- or judicial agency shall transfer to the Sec- (2) by amending section 3711(f) to read as nue received from Section 701. Amounts retary of the Treasury all non-tax claims on follows: charged under this subsection concerning de- which the agency has ceased collection ac- ‘‘(f)(1) When trying to collect a claim of linquent claims may be considered as costs tivity. The Secretary may exempt specific the Government, the head of an executive or pursuant to section 3717(e) of this title. classes of claims from this requirement, at legislative agency may disclose to a ‘‘(4) Notwithstanding any other law con- the request of the head of an agency, or oth- consumer reporting agency information from cerning the depositing and collection of Fed- erwise. The Secretary shall review trans- a system of records that an individual is re- eral payments, including section 3302(b) of ferred claims to determine if additional col- sponsible for a claim if notice required by this title, agencies collecting fees may re- lection action is warranted. The Secretary section 552a(e)(4) of title 5, United States tain the fees from amounts collected. Any may, in accordance with section 6050P of Code, indicates that information in the sys- fee charged pursuant to this subsection shall title 26, United States Code, report to the In- tem may be disclosed to a consumer report- be deposited into an account to be deter- ternal Revenue Service on behalf of the cred- ing agency. mined by the executive department or agen- itor agency any claims that have been dis- ‘‘(2) The information disclosed to a cy operating the debt collection center charged within the meaning of such section. consumer reporting agency shall be limited charging the fee (hereafter referred to in this ‘‘(7) At the end of each calendar year, the to— section as the ‘Account’). Amounts deposited head of an executive, legislative, or judicial ‘‘(A) information necessary to establish in the Account shall be available until ex- agency which, regarding a claim owed to the the identity of the individual, including pended to cover costs associated with the im- agency, is required to report a discharge of name, address and taxpayer identifying num- plementation and operation of government- indebtedness as income under the 6050P of ber; wide debt collection activities. Costs prop- title 26, United States Code, shall either ‘‘(B) the amount, status, and history of the erly chargeable to the Account include, but complete the appropriate form 1099 or submit claim; and are not limited to— to the Secretary of the Treasury such infor- ‘‘(C) the agency or program under which ‘‘(A) the costs of computer hardware and mation as is necessary for the Secretary of the claim arose.’’; and software, word processing and telecommuni- the Treasury to complete the appropriate (3) in section 3718— cations equipment, other equipment, sup- form 1099. The Secretary of the Treasury (A) in subsection (a), by striking the first plies, and furniture; shall incorporate this information into the sentence and inserting instead the following: ‘‘(B) personnel training and travel costs; appropriate form and submit the information ‘‘Under conditions the head of an executive, ‘‘(C) other personnel and administrative to the taxpayer and Internal Revenue Serv- ice. legislative or judicial agency considers ap- costs; ‘‘(8) To carry out the purposes of this sub- propriate, the head of an agency may make ‘‘(D) the costs of any contract for identification, billing, or collection services; and section, the Secretary of the Treasury is au- a contract with a person for collection serv- thorized— ice to recover indebtedness owed, or to lo- ‘‘(E) reasonable costs incurred by the Sec- retary of the Treasury, including but not ‘‘(A) to prescribe such rules, regulations, cate or recover assets of, the United States and procedures as the Secretary deems nec- Government. No head of an agency may limited to, services and utilities provided by the Secretary, and administration of the Ac- essary; and enter into a contract to locate or recover as- ‘‘(B) to designate debt collection centers sets of the United States held by a State count. ‘‘(5) Not later than January 1 of each year, operated by other Federal agencies.’’. government or financial institution unless there shall be deposited into the Treasury as SEC. 5243. COMPROMISE OF CLAIMS. that agency has established procedures ap- miscellaneous receipts, an amount equal to (a) Section 3711(a)(2) of title 31, United proved by the Secretary of the Treasury to the amount of unobligated balances remain- States Code, is amended by striking out identify and recover such assets.’’; and ing in the Account at the close of business ‘‘$20,000 (excluding interest)’’ and inserting (B) in subsection (d), by inserting ‘‘, or to on September 30 of the preceding year minus in lieu thereof ‘‘$100,000 (excluding interest) locate or recover assets of,’’ after ‘‘owed’’. any part of such balance that the executive or such higher amount as the Attorney Gen- SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING. department or agency operating the debt col- eral may from time to time prescribe. Section 3711 of title 31, United States Code, lection center determines is necessary to (b) This section shall be effective as of Oc- is amended by adding at the end the follow- cover or defray the costs under this sub- tober 1, 1995. ing new subsection: section for the fiscal year in which the de- Subpart E—Federal Civil Monetary Penalties ‘‘(g)(1) At the discretion of the head of an posit is made. SEC. 5251. ADJUSTING FEDERAL CIVIL MONE- executive, judicial or legislative agency, re- ‘‘(6)(A) The head of an executive, legisla- TARY PENALTIES FOR INFLATION. ferral of a non-tax claim may be made to any tive, or judicial agency shall transfer to the (a) The Federal Civil Penalties Inflation executive department or agency operating a Secretary of the Treasury all non-tax claims Adjustment Act of 1990 (Public Law 101–410, debt collection center for servicing and col- over 180 days delinquent for additional col- 104 Stat. 890; 28 U.S.C. 2461 note) is amend- lection in accordance with an agreement en- lection action and/or closeout. A taxpayer ed— tered into under paragraph (2). Referral or identification number shall be included with (1) by amending section 4 to read as fol- transfer of a claim may also be made to the each claim provided if it is in the agency’s lows: Secretary of the Treasury for servicing, col- possession. ‘‘SEC. 4. The head of each agency shall, not lection, compromise, and/or suspension or ‘‘(B) Subparagraph (A) shall not apply— later than 180 days after the date of enact- termination of collection action. Non-tax ‘‘(i) to claims that— ment of the Debt Collection Improvement claims referred or transferred under this sec- ‘‘(I) are in litigation or foreclosure; Act of 1996, and at least once every 4 years tion shall be serviced, collected, com- ‘‘(II) will be disposed of under the loan thereafter, by regulation adjust each civil promised, and/or collection action suspended sales program of a Federal department or monetary penalty provided by law within the or terminated in accordance with existing agency; jurisdiction of the Federal agency, except for statutory requirements and authorities. ‘‘(III) have been referred to a private col- any penalty under title 26, United States ‘‘(2) Executive departments and agencies lection contractor for collection; Code, by the inflation adjustment described operating debt collection centers are author- ‘‘(IV) are being collected under internal under section 5 of this Act and publish each ized to enter into agreements with the heads offset procedures; such regulation in the Federal Register.’’; of executive, judicial, or legislative agencies ‘‘(V) have been referred to the Department (2) in section 5(a), by striking ‘‘The adjust- to service and/or collect non-tax claims re- of the Treasury, the Department of Defense, ment described under paragraphs (4) and ferred or transferred under this subsection. the United States Postal Service, or a dis- (5)(A) of section 4’’ and inserting ‘‘The infla- The heads of other executive departments bursing official of the United States des- tion adjustment’’; and and agencies are authorized to enter into ignated by the Secretary of the Treasury for (3) by adding at the end the following new agreements with the Secretary of the Treas- administrative offset; section: ury for servicing or collection of referred or ‘‘(VI) have been retained by an executive ‘‘SEC. 7. Any increase to a civil monetary transferred non-tax claims or other Federal agency in a debt collection center; or penalty resulting from this Act shall apply agencies operating debt collection centers to ‘‘(VII) have been referred to another agen- only to violations which occur after the date obtain debt collection services from those cy for collection; any such increase takes effect.’’. agencies. ‘‘(ii) to claims which may be collected (b) The initial adjustment of a civil mone- ‘‘(3) Any agency to which non-tax claims after the 180-day period in accordance with tary penalty made pursuant to section 4 of are referred or transferred under this sub- specific statutory authority or procedural Federal Civil Penalties Inflation Adjustment section is authorized to charge a fee suffi- guidelines, provided that the head of an exec- Act of 1990 (as amended by subsection (a)) cient to cover the full cost of implementing utive, legislative, or judicial agency provides may not exceed 10 percent of such penalty. this subsection. The agency transferring or notice of such claims to the Secretary of the Subpart F—Gain Sharing referring the non-tax claim shall be charged Treasury; and SEC. 5261. DEBT COLLECTION IMPROVEMENT AC- the fee, and the agency charging the fee shall ‘‘(iii) to other specific class of claims as de- COUNT. collect such fee by retaining the amount of termined by the Secretary of the Treasury at (a) Title 31, United States Code, is amend- the fee from amounts collected pursuant to the request of the head of an agency or oth- ed by inserting after section 3720B the fol- this subsection. Agencies may agree to pay erwise. lowing new section: S1982 CONGRESSIONAL RECORD — SENATE March 13, 1996 ‘‘§ 3720C. Debt Collection Improvement Ac- appropriate to carry out the purposes of this (1) by amending subsection (a)(1) to read as count section.’’. follows: ‘‘(a)(1) There is hereby established in the (b) The table of sections for subchapter II ‘‘(1) ‘administrative offset’ means with- Treasury a special fund to be known as the of chapter 37 of title 31, United States Code, holding money payable by the United States ‘Debt Collection Improvement Account’ is amended by inserting after the item relat- (including money payable by the United (hereinafter referred to as the ‘Account’). ing to section 3720B the following new item: States on behalf of a State government) to, ‘‘(2) The Account shall be maintained and ‘‘3720C. Debt Collection Improvement Ac- or held by the United States for, a person to managed by the Secretary of the Treasury, count.’’. satisfy a claim.’’; (2) by amending subsection (b) to read as who shall ensure that programs are credited Subpart G—Tax Refund Offset Authority with the amounts described in subsection (b) follows: SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY ‘‘(b)(1) The term ‘claim’ or ‘debt’ means and with allocations described in subsection DISBURSING OFFICIALS. (c). any amount of money or property that has Section 3720A(h) of title 31, United States been determined by an appropriate official of ‘‘(b)(1) Not later than 30 days after the end Code, is amended to read as follows: of a fiscal year, an agency other than the De- the Federal Government to be owed to the ‘‘(h)(1) The term ‘Secretary of the Treas- United States by a person, organization, or partment of Justice is authorized to transfer ury’ may include the disbursing official of entity other than another Federal agency. A to the Account a dividend not to exceed five the Department of the Treasury. claim includes, without limitation, money percent of the debt collection improvement ‘‘(2) The disbursing official of the Depart- owed on account of loans insured or guaran- amount as described in paragraph (3). ment of the Treasury— teed by the Government, non-appropriated ‘‘(2) Agency transfers to the Account may ‘‘(A) shall notify a taxpayer in writing of— funds, over-payments, any amount the Unit- include collections from— ‘‘(i) the occurrence of an offset to satisfy a ed States is authorized by statute to collect ‘‘(A) salary, administrative and tax refer- past-due legally enforceable non-tax debt; for the benefit of any person, and other ral offsets; ‘‘(ii) the identity of the creditor agency re- amounts of money or property due the Gov- ‘‘(B) automated levy authority; questing the offset; and ernment. ‘‘(C) the Department of Justice; and ‘‘(iii) a contact point within the creditor ‘‘(2) For purposes of section 3716 of this ‘‘(D) private collection agencies. agency that will handle concerns regarding title, the term ‘claim’ also includes an ‘‘(3) For purposes of this section, the term the offset; amount of money or property owed by a per- ‘debt collection improvement amount’ ‘‘(B) shall notify the Internal Revenue son to a State, the District of Columbia, means the amount by which the collection of Service on a weekly basis of— American Samoa, the United States Virgin delinquent debt with respect to a particular ‘‘(i) the occurrence of an offset to satisfy a Islands, the Commonwealth of the Northern program during a fiscal year exceeds the de- past-due legally enforceable non-tax debt; Mariana Islands, or the Commonwealth of linquent debt baseline for such program for ‘‘(ii) the amount of such offset; and Puerto Rico where there is also a Federal such fiscal year. The Office of Management ‘‘(iii) any other information required by monetary interest or in cases of court or- and Budget shall determine the baseline regulations; and dered child support.’’; and from which increased collections are meas- ‘‘(C) shall match payment records with re- (3) by adding after subsection (f) (as added ured over the prior fiscal year, taking into quests for offset by using a name control, in section 5202(a)) the following new sub- account the recommendations made by the taxpayer identifying number (as defined in 26 section: Secretary of the Treasury in consultation U.S.C. 6109), and any other necessary identi- ‘‘(g) In section 3716 of this title— with creditor agencies. fiers.’’. ‘‘(1) ‘creditor agency’ means any entity ‘‘(c)(1) The Secretary of the Treasury is au- owed a claim that seeks to collect that claim thorized to make payments from the Ac- SEC. 5272. EXPANDING TAX REFUND OFFSET AU- THORITY. through administrative offset; and count solely to reimburse agencies for quali- (a) Section 3720A of title 31, United States ‘‘(2) ‘payment certifying agency’ means fied expenses. For agencies with franchise Code, is amended by adding after subsection any Federal department, agency, or instru- funds, payments may be credited to (h) the following new subsection: mentality and government corporation, that subaccounts designated for debt collection. ‘‘(i) An agency subject to section 9 of the has transmitted a voucher to a disbursing of- ‘‘(2) For purposes of this paragraph, the Act of May 18, 1933 (16 U.S.C. 831h) may im- ficial for disbursement.’’. term ‘qualified expenses’ means expenditures plement this section at its discretion.’’. SEC. 5282. SEVERABILITY. for the improvement of tax administration (b) Section 6402(f) of title 26, United States If any provision of this title, or the amend- and agency debt collection and debt recovery Code, is amended to read as follows: ments made by this title, or the application activities including, but not limited to, ac- ‘‘(f) FEDERAL AGENCY.—For purposes of of any provision to any entity, person, or cir- count servicing (including cross-servicing this section, the term ‘Federal agency’ cumstance is for any reason adjudged by a under section 502 of the Debt Collection Im- means a department, agency, or instrumen- court of competent jurisdiction to be invalid, provement Act of 1996), automatic data proc- tality of the United States, and includes a the remainder of this title, and the amend- essing equipment acquisitions, delinquent government corporation (as such term is de- ments made by this title, or its application debt collection, measures to minimize delin- fined in section 103 of title 5, United States shall not be affected. quent debt, asset disposition, and training of Code).’’. Subpart I—Reporting personnel involved in credit and debt man- SEC. 5291. MONITORING AND REPORTING. agement. SEC. 5273. EXPANDING AUTHORITY TO COLLECT PAST-DUE SUPPORT. (a) The Secretary of the Treasury, in con- ‘‘(3) Payments made to agencies pursuant (a) Section 3720A(a) of title 31, United sultation with concerned Federal agencies, is to paragraph (1) shall be in proportion to States Code, is amended to read as follows: authorized to establish guidelines, including their contributions to the Account. ‘‘(a) Any Federal agency that is owed by a information on outstanding debt, to assist ‘‘(4)(A) Amounts in the Account shall be named person a past-due, legally enforceable agencies in the performance and monitoring available to the Secretary of the Treasury to debt (including past-due support and debt ad- of debt collection activities. the extent and in the amounts provided in ministered by a third party acting as an (b) Not later than three years after the advance in appropriation Acts, for purposes agent for the Federal Government) shall, in date of enactment of this Act, the Secretary of this section. Such amounts are authorized accordance with regulations issued pursuant of the Treasury shall report to the Congress to be appropriated without fiscal year limi- to subsections (b) and (d), notify the Sec- on collection services provided by Federal tation. retary of the Treasury at least once a year of agencies or entities collecting debt on behalf ‘‘(B) As soon as practicable after the end of the amount of such debt.’’. of other Federal agencies under the authori- third fiscal year after which appropriations (b) Section 464(a) of the Social Security ties contained in section 3711(g) of title 31, are made pursuant to this section, and every Act (42 U.S.C. 664(a)) is amended— United States Code. 3 years thereafter, any unappropriated bal- (c) Section 3719 of title 31, United States (1) in paragraph (1), by adding at the end ance in the account as determined by the Code, is amended— thereof the following: ‘‘This subsection may Secretary of the Treasury in consultation (1) in subsection (a)— be implemented by the Secretary of the with agencies, shall be transferred to the (A) by amending the first sentence to read Treasury in accordance with section 3720A of Treasury general fund as miscellaneous re- as follows: ‘‘In consultation with the Comp- title 31, United States Code.’’; and ceipts. troller General, the Secretary of the Treas- (2) in paragraph (2)(A), by adding at the ‘‘(d) For direct loan and loan guarantee ury shall prescribe regulations requiring the end thereof the following: ‘‘This subsection programs subject to title V of the Congres- head of each agency with outstanding non- may be implemented by the Secretary of the sional Budget Act of 1974, amounts credited tax claims to prepare and submit to the Sec- Treasury in accordance with section 3720A of in accordance with subsection (c) shall be retary at least once a year a report summa- title 31, United States Code.’’. considered administrative costs and shall rizing the status of loans and accounts re- not be included in the estimated payments Subpart H—Definitions, Due Process Rights, ceivable managed by the head of the agen- to the Government for the purpose of cal- and Severability cy.’’; and culating the cost of such programs. SEC. 5281. TECHNICAL AMENDMENTS TO DEFINI- (B) in paragraph (3), by striking ‘‘Director’’ ‘‘(e) The Secretary of the Treasury shall TIONS. and inserting ‘‘Secretary’’; and prescribe such rules, regulations, and proce- Section 3701 of title 31, United States Code, (2) in subsection (b), by striking ‘‘Direc- dures as the Secretary deems necessary or is amended— tor’’ and inserting ‘‘Secretary’’. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1983 (d) Notwithstanding any other provision of pledged or otherwise rendered subject to a ‘‘(B) an individual who is a resident of the law, the Secretary of the Treasury is author- lien, for the purpose of securing the payment State in which the security property is lo- ized to consolidate all reports concerning of money or the performance of any other cated; or debt collection into one annual report. obligation; ‘‘(C) a partnership, association, or corpora- PART II—JUSTICE DEBT MANAGEMENT ‘‘(8) ‘of record’ means an interest recorded tion, provided such entity is authorized to pursuant to Federal or State statutes that transact business under the laws of the State Subpart A—Private Attorneys provide for official recording of deeds, mort- in which the security property is located. SEC. 5301. EXPANDED USE OF PRIVATE ATTOR- gages and judgments, and that establish the ‘‘(2) The agency head is authorized to enter NEYS. effect of such records as notice to creditors, into personal services and other contracts (a) Section 3718(b)(1)(A) of title 31, United purchasers, and other interested persons; not inconsistent with this subchapter. States Code, is amended by striking the ‘‘(9) ‘owner’ means any person who has an ‘‘(c) METHOD OF DESIGNATION.—An agency fourth sentence. ownership interest in property and includes head shall designate the foreclosure trustee (b) Sections 3 and 5 of the Federal Debt Re- heirs, devisees, executors, administrators, in writing. The foreclosure trustee may be covery Act (Public Law 99–578, 100 Stat. 3305) and other personal representatives, and designated by name, title, or position. An are hereby repealed. trustees of testamentary trusts if the owner agency head may designate one or more fore- Subpart B—Nonjudicial Foreclosure of record is deceased; closure trustees for the purpose of proceed- SEC. 5311. NONJUDICIAL FORECLOSURE OF ‘‘(10) ‘sale’ means a sale conducted pursuing with multiple foreclosures or a class of MORTGAGES. ant to this subchapter, unless the context re- foreclosures. Chapter 176 of title 28 of the United States quires otherwise; and ‘‘(d) AVAILABILITY OF DESIGNATION.—An Code is amended by adding at the end thereof ‘‘(11) ‘security property’ means real prop- agency head may designate such foreclosure the following: erty, or any interest in real property includ- trustees as the agency head deems necessary ing leaseholds, life estates, reversionary in- to carry out the purposes of this subchapter. ‘‘SUBCHAPTER E—NONJUDICIAL terests, and any other estates under applica- ‘‘(e) MULTIPLE FORECLOSURE TRUSTEES AU- FORECLOSURE ble State law that secure a mortgage. THORIZED.—An agency head may designate ‘‘Sec. ‘‘§ 3402. Rules of construction multiple foreclosure trustees for different ‘‘3401. Definitions. tracts of a secured property. ‘‘(a) IN GENERAL.—If an agency head elects ‘‘3402. Rules of construction. ‘‘(f) REMOVAL OF FORECLOSURE TRUSTEES; to proceed under this subchapter, this sub- ‘‘3403. Election of procedure. SUCCESSOR FORECLOSURE TRUSTEES.—An ‘‘3404. Designation of foreclosure trustee. chapter shall apply and the provisions of this agency head may, with or without cause or ‘‘3405. Notice of foreclosure sale; statute of subchapter shall govern in the event of a notice, remove a foreclosure trustee and des- limitations. conflict with any other provision of Federal ignate a successor trustee as provided in this ‘‘3406. Service of notice of foreclosure sale. law or State law. section. The foreclosure sale shall continue ‘‘3407. Cancellation of foreclosure sale. ‘‘(b) LIMITATION.—This subchapter shall without prejudice notwithstanding the re- ‘‘3408. Stay. not be construed to supersede or modify the moval of the foreclosure trustee and designa- ‘‘3409. Conduct of sale; postponement. operation of— tion of a successor foreclosure trustee. Noth- ‘‘3410. Transfer of title and possession. ‘‘(1) the lease-back/buy-back provisions ing in this section shall be construed to pro- ‘‘3411. Record of foreclosure and sale. under section 1985 of title 7, United States hibit a successor foreclosure trustee from ‘‘3412. Effect of sale. Code, or regulations promulgated there- postponing the foreclosure sale in accord- ‘‘3413. Disposition of sale proceeds. under; or ance with this subchapter. ‘‘3414. Deficiency judgment. ‘‘(2) The Multifamily Mortgage Fore- closure Act of 1981 (chapter 38 of title 12, ‘‘§ 3405. Notice of foreclosure sale; statute of ‘‘§ 3401. Definitions United States Code). limitations ‘‘As used in this subchapter— ‘‘(c) EFFECT ON OTHER LAWS.—This sub- ‘‘(a) IN GENERAL.— ‘‘(1) ‘agency’ means— chapter shall not be construed to curtail or ‘‘(1) Not earlier than 21 days nor later than ‘‘(A) an executive department as defined in limit the rights of the United States or any ten years after acceleration of a debt instru- section 101 of title 5, United States Code; of its agencies— ment or demand on a guaranty, the fore- ‘‘(B) an independent establishment as de- ‘‘(1) to foreclose a mortgage under any closure trustee shall serve a notice of fore- fined in section 104 of title 5, United States other provision of Federal law or State law; closure sale in accordance with this sub- Code (except that it shall not include the or chapter. General Accounting Office); ‘‘(2) to enforce any right under Federal law ‘‘(2) For purposes of computing the time ‘‘(C) a military department as defined in or State law in lieu of or in addition to fore- period under paragraph (1), there shall be ex- section 102 of title 5, United States Code; and closure, including any right to obtain a mon- cluded all periods during which there is in ef- ‘‘(D) a wholly owned government corpora- etary judgment. fect— tion as defined in section 9101(3) of title 31, ‘‘(d) APPLICATION TO MORTGAGES.—The pro- ‘‘(A) a judicially imposed stay of fore- United States Code; visions of this subchapter may be used to closure; or ‘‘(2) ‘agency head’ means the head and any foreclose any mortgage, whether executed ‘‘(B) a stay imposed by section 362 of title assistant head of an agency, and may upon prior or subsequent to the effective date of 11, United States Code. the designation by the head of an agency in- this subchapter. ‘‘(3) In the event of partial payment or clude the chief official of any principal divi- ‘‘§ 3403. Election of procedure written acknowledgement of the debt after sion of an agency or any other employee of acceleration of the debt instrument, the ‘‘(a) SECURITY PROPERTY SUBJECT TO FORE- an agency; right to foreclosure shall be deemed to ac- CLOSURE.—An agency head may foreclose a ‘‘(3) ‘bona fide purchaser’ means a pur- crue again at the time of each such payment mortgage upon the breach of a covenant or chaser for value in good faith and without or acknowledgement. condition in a debt instrument or mortgage notice of any adverse claim who acquires the ‘‘(b) NOTICE OF FORECLOSURE SALE.—The seller’s interest free of any adverse claim; for which acceleration or foreclosure is au- notice of foreclosure sale shall include— ‘‘(4) ‘debt instrument’ means a note, mort- thorized. An agency head may not institute ‘‘(1) the name, title, and business address gage bond, guaranty or other instrument foreclosure proceedings on the mortgage of the foreclosure trustee as of the date of creating a debt or other obligation, including under any other provision of law, or refer the notice; any instrument incorporated by reference such mortgage for litigation, during the ‘‘(2) the names of the original parties to therein and any instrument or agreement pendency of foreclosure proceedings pursu- the debt instrument and the mortgage, and amending or modifying a debt instrument; ant to this subchapter. any assignees of the mortgagor of record; ‘‘(b) EFFECT OF CANCELLATION OF SALE.—If ‘‘(5) ‘file’ or ‘filing’ means docketing, in- ‘‘(3) the street address or location of the a foreclosure sale is canceled pursuant to dexing, recording, or registering, or any security property, and a generally accepted section 3407, the agency head may thereafter other requirement for perfecting a mortgage designation used to describe the security foreclose on the security property in any or a judgment; property, or so much thereof as is to be of- manner authorized by law. ‘‘(6) ‘foreclosure trustee’ means an individ- fered for sale, sufficient to identify the prop- ual, partnership, association, or corporation, ‘‘§ 3404. Designation of foreclosure trustee erty to be sold; or any employee thereof, including a succes- ‘‘(a) IN GENERAL.—An agency head shall ‘‘(4) the date of the mortgage, the office in sor, appointed by the agency head to conduct designate a foreclosure trustee who shall su- which the mortgage is filed, and the location a foreclosure sale pursuant to this sub- persede any trustee designated in the mort- of the filing of the mortgage; chapter; gage. A foreclosure trustee designated under ‘‘(5) the default or defaults upon which ‘‘(7) ‘mortgage’ means a deed of trust, deed this section shall have a nonjudicial power of foreclosure is based, and the date of the ac- to secure debt, security agreement, or any sale pursuant to this subchapter. celeration of the debt instrument; other form of instrument under which any ‘‘(b) DESIGNATION OF FORECLOSURE TRUST- ‘‘(6) the date, time, and place of the fore- interest in real property, including lease- EE.— closure sale; holds, life estates, reversionary interests, ‘‘(1) An agency head may designate as fore- ‘‘(7) a statement that the foreclosure is and any other estates under applicable law is closure trustee— being conducted in accordance with this sub- conveyed in trust, mortgaged, encumbered, ‘‘(A) an officer or employee of the agency; chapter; S1984 CONGRESSIONAL RECORD — SENATE March 13, 1996 ‘‘(8) the types of costs, if any, to be paid by ‘‘(C) pays or tenders all costs of foreclosure made at any time at least 7 days prior to the the purchaser upon transfer of title; and incurred for which payment from the pro- new date of the foreclosure sale. ‘‘(9) the terms and conditions of sale, in- ceeds of the sale would be allowed; or ‘‘(d) LIABILITY OF SUCCESSFUL BIDDER WHO cluding the method and time of payment of ‘‘(3) for any reason approved by the agency FAILS TO COMPLY.—The foreclosure trustee the foreclosure purchase price. head. may require a bidder to make a cash deposit ‘‘§ 3406. Service of notice of foreclosure sale ‘‘(b) LIMITATION.—The debtor may not, before the bid is accepted. The amount or without the approval of the agency head, ‘‘(a) RECORD NOTICE.—At least 21 days prior percentage of the cash deposit shall be stated to the date of the foreclosure sale, the notice cure the default under subsection (a)(2) if, by the foreclosure trustee in the notice of of foreclosure sale required by section 3405 within the preceding 12 months, the debtor foreclosure sale. A successful bidder at the shall be filed in the manner authorized for has cured a default after being served with a foreclosure sale who fails to comply with the filing a notice of an action concerning real notice of foreclosure sale pursuant to this terms of the sale shall forfeit the cash de- property according to the law of the State subchapter. posit or, at the election of the foreclosure where the security property is located or, if ‘‘(c) NOTICE OF CANCELLATION.—The fore- trustee, shall be liable to the agency on a none, in the manner authorized by section closure trustee shall file a notice of the can- subsequent sale of the property for all net 3201 of this chapter. cellation in the same place and manner pro- losses incurred by the agency as a result of ‘‘(b) NOTICE BY MAIL.— vided for the filing of the notice of fore- such failure. ‘‘(1) At least 21 days prior to the date of closure sale under section 3406(a). ‘‘(e) EFFECT OF SALE.—Any foreclosure sale the foreclosure sale, the notice set forth in ‘‘§ 3408. Stay held in accordance with this subchapter shall section 3405 shall be sent by registered or ‘‘If, prior to the time of sale, foreclosure be conclusively presumed to have been con- certified mail, return receipt requested— proceedings under this subchapter are stayed ducted in a legal, fair, and commercially rea- ‘‘(A) to the current owner of record of the in any manner, including the filing of bank- sonable manner. The sale price shall be con- security property as the record appears on ruptcy, no person may thereafter cure the clusively presumed to constitute the reason- the date that the notice of foreclosure sale is default under the provisions of section ably equivalent value of the security prop- recorded pursuant to subsection (a); 3407(a)(2). If the default is not cured at the erty. ‘‘(B) to all debtors, including the mortga- time a stay is terminated, the foreclosure ‘‘§ 3410. Transfer of title and possession gor, assignees of the mortgagor and guaran- trustee shall proceed to sell the security ‘‘(a) DEED.—After receipt of the purchase tors of the debt instrument; property as provided in this subchapter. price in accordance with the terms of the ‘‘(C) to all persons having liens, interests ‘‘§ 3409. Conduct of sale; postponement sale as provided in the notice of foreclosure or encumbrances of record upon the security ‘‘(a) SALE PROCEDURES.—Foreclosure sale sale, the foreclosure trustee shall execute property, as the record appears on the date pursuant to this subchapter shall be at pub- and deliver to the purchaser a deed convey- that the notice of foreclosure sale is recorded lic auction and shall be scheduled to begin at ing the security property to the purchaser pursuant to subsection (a); and a time between the hours of 9:00 a.m. and 4:00 that grants and conveys title to the security ‘‘(D) to any occupants of the security prop- p.m. local time. The foreclosure sale shall be property without warranty or covenants to erty. If the names of the occupants of the se- held at the location specified in the notice of the purchaser. The execution of the fore- curity property are not known to the agency, foreclosure sale, which shall be a location closure trustee’s deed shall have the effect of or the security property has more than one where real estate foreclosure auctions are conveying all of the right, title, and interest dwelling unit, the notice shall be posted at customarily held in the county or one of the in the security property covered by the the security property. counties in which the property to be sold is mortgage. Notwithstanding any other law to ‘‘(2) The notice shall be sent to the debtor located or at a courthouse therein, or upon the contrary, the foreclosure trustee’s deed at the address, if any, set forth in the debt the property to be sold. Sale of security shall be a conveyance of the security prop- instrument or mortgage as the place to property situated in two or more counties erty and not a quitclaim. No judicial pro- which notice is to be sent, and if different, to may be held in any one of the counties in ceeding shall be required ancillary or supple- the debtor’s last known address as shown in which any part of the security property is mentary to the procedures provided in this the mortgage record of the agency. The no- situated. The foreclosure trustee may des- subchapter to establish the validity of the tice shall be sent to any person other than ignate the order in which multiple tracts of conveyance. the debtor to that person’s address of record security property are sold. ‘‘(b) DEATH OF PURCHASER PRIOR TO CON- or, if there is no address of record, to any ad- ‘‘(b) BIDDING REQUIREMENTS.—Written one- SUMMATION OF SALE.—If a purchaser dies be- dress at which the agency in good faith be- price sealed bids shall be accepted by the fore execution and delivery of the deed con- lieves the notice is likely to come to that foreclosure trustee, if submitted by the agen- veying the security property to the pur- person’s attention. cy head or other persons for entry by an- chaser, the foreclosure trustee shall execute ‘‘(3) Notice by mail pursuant to this sub- nouncement by the foreclosure trustee at the and deliver the deed to the representative of section shall be effective upon mailing. sale. The sealed bids shall be submitted in the purchaser’s estate upon payment of the ‘‘(c) NOTICE BY PUBLICATION.—The notice of accordance with the terms set forth in the purchase price in accordance with the terms the foreclosure sale shall be published at notice of foreclosure sale. The agency head of sale. Such delivery to the representative least once a week for each of three succes- or any other person may bid at the fore- of the purchaser’s estate shall have the same sive weeks prior to the sale in at least one closure sale, even if the agency head or other effect as if accomplished during the lifetime newspaper of general circulation in any person previously submitted a written one- of the purchaser. county or counties in which the security price bid. The agency head may bid a credit ‘‘(c) PURCHASER CONSIDERED BONA FIDE property is located. If there is no newspaper against the debt due without the tender or PURCHASER WITHOUT NOTICE.—The purchaser published at least weekly that has a general payment of cash. The foreclosure trustee of property under this subchapter shall be circulation in at least one county in which may serve as auctioneer, or may employ an presumed to be a bona fide purchaser with- the security property is located, copies of auctioneer who may be paid from the sale out notice of defects, if any, in the title con- the notice of foreclosure sale shall instead be proceeds. If an auctioneer is employed, the veyed to the purchaser. posted at least 21 days prior to the sale at foreclosure trustee is not required to attend ‘‘(d) POSSESSION BY PURCHASER; CONTINUING the courthouse of any county or counties in the sale. The foreclosure trustee or an auc- INTERESTS.—A purchaser at a foreclosure which the property is located and the place tioneer may bid as directed by the agency sale conducted pursuant to this subchapter where the sale is to be held. head. shall be entitled to possession upon passage ‘‘§ 3407. Cancellation of foreclosure sale ‘‘(c) POSTPONEMENT OF SALE.—The fore- of title to the security property, subject to ‘‘(a) IN GENERAL.—At any time prior to the closure trustee shall have discretion, prior to any interest or interests senior to that of the foreclosure sale, the foreclosure trustee shall or at the time of sale, to postpone the fore- mortgage. The right to possession of any per- cancel the sale— closure sale. The foreclosure trustee may son without an interest senior to the mort- ‘‘(1) if the debtor or the holder of any sub- postpone a sale to a later hour the same day gage who is in possession of the property ordinate interest in the security property by announcing or posting the new time and shall terminate immediately upon the pas- tenders the performance due under the debt place of the foreclosure sale at the time and sage of title to the security property, and instrument and mortgage, including any place originally scheduled for the foreclosure the person shall vacate the security property amounts due because of the exercise of the sale. The foreclosure trustee may instead immediately. The purchaser shall be entitled right to accelerate, and the expenses of pro- postpone the foreclosure sale for not fewer to take any steps available under Federal ceeding to foreclosure incurred to the time than 9 nor more than 31 days, by serving no- law or State law to obtain possession. of tender; tice that the foreclosure sale has been post- ‘‘(e) RIGHT OF REDEMPTION; RIGHT OF POS- ‘‘(2) if the security property is a dwelling poned to a specified date, and the notice may SESSION.—This subchapter shall preempt all of four units or fewer, and the debtor— include any revisions the foreclosure trustee Federal and State rights of redemption, stat- ‘‘(A) pays or tenders all sums which would deems appropriate. The notice shall be utory, or common law. Upon conclusion of have been due at the time of tender in the served by publication, mailing, and posting the public auction of the security property, absence of any acceleration; in accordance with section 3406 (b) and (c), no person shall have a right of redemption. ‘‘(B) performs any other obligation which except that publication may be made on any ‘‘(f) PROHIBITION OF IMPOSITION OF TAX ON would have been required in the absence of of three separate days prior to the new date CONVEYANCE BY THE UNITED STATES OR AGEN- any acceleration; and of the foreclosure sale, and mailing may be CY THEREOF.—No tax, or fee in the nature of March 13, 1996 CONGRESSIONAL RECORD — SENATE S1985 a tax, for the transfer of title to the security ‘‘(2) to pay the expense of any auctioneer against any or all debtors to recover the de- property by the foreclosure trustee’s deed employed by the foreclosure trustee, if any, ficiency, unless specifically prohibited by shall be imposed upon or collected from the except that the commission payable to the the mortgage. The United States is also enti- foreclosure trustee or the purchaser by any foreclosure trustee pursuant to paragraph (1) tled to recover any amount authorized by State or political subdivision thereof. shall be reduced by the amount paid to an section 3011 and costs of the action. ‘‘§ 3411. Record of foreclosure and sale auctioneer, unless the agency head deter- ‘‘(b) LIMITATION.—Any action commenced ‘‘(a) RECITAL REQUIREMENTS.—The fore- mines that such reduction would adversely to recover the deficiency shall be brought closure trustee shall recite in the deed to the affect the ability of the agency head to re- within 6 years of the last sale of security purchaser, or in an addendum to the fore- tain qualified foreclosure trustees or auc- property. closure trustee’s deed, or shall prepare an af- tioneers; ‘‘(c) CREDITS.—The amount payable by a fidavit stating— ‘‘(3) to pay for the costs of foreclosure, in- private mortgage guaranty insurer shall be ‘‘(1) the date, time, and place of sale; cluding— credited to the account of the debtor prior to ‘‘(2) the date of the mortgage, the office in ‘‘(A) reasonable and necessary advertising the commencement of an action for any defi- which the mortgage is filed, and the location costs and postage incurred in giving notice ciency owed by the debtor. Nothing in this of the filing of the mortgage; pursuant to section 3406; subsection shall curtail or limit the subroga- ‘‘(3) the persons served with the notice of ‘‘(B) mileage for posting notices and for tion rights of a private mortgage guaranty foreclosure sale; the foreclosure trustee’s or auctioneer’s at- insurer.’’. ‘‘(4) the date and place of filing of the no- tendance at the sale at the rate provided in Subchapter B—Sale of Governors Island, New tice of foreclosure sale under section 3406(a); section 1921 of title 28, United States Code, York ‘‘(5) that the foreclosure was conducted in for mileage by the most reasonable road dis- SEC. 6021. SALE OF GOVERNORS ISLAND, NEW accordance with the provisions of this sub- tance; YORK. chapter; and ‘‘(C) reasonable and necessary costs actu- (a) IN GENERAL.—Subject to the National ‘‘(6) the sale amount. ally incurred in connection with any search Environmental Policy Act of 1969 (42 U.S.C. ‘‘(b) EFFECT OF RECITALS.—The recitals set of title and lien records; and 4321 et seq.), the Administrator of General forth in subsection (a) shall be prima facie ‘‘(D) necessary costs incurred by the fore- Services shall dispose of by sale at fair mar- evidence of the truth of such recitals. Com- closure trustee to file documents; ket value all rights, title, and interests of pliance with the requirements of subsection ‘‘(4) to pay valid real property tax liens or the United States in and to the land of, and (a) shall create a conclusive presumption of assessments, if required by the notice of improvements to, Governors Island, New the validity of the sale in favor of bona fide foreclosure sale; York. purchasers and encumbrancers for value ‘‘(5) to pay any liens senior to the mort- (b) RIGHT OF FIRST REFUSAL.—Before a sale without notice. gage, if required by the notice of foreclosure is made under subsection (a) to any other ‘‘(c) DEED TO BE ACCEPTED FOR FILING.— sale; parties, the State of New York and the city The register of deeds or other appropriate of- ‘‘(6) to pay service charges and advance- of New York shall be given the right of first ficial of the county or counties where real ments for taxes, assessments, and property refusal to purchase all or part of Governors estate deeds are regularly filed shall accept insurance premiums; and Island. Such right may be exercised by either for filing and shall file the foreclosure trust- ‘‘(7) to pay late charges and other adminis- the State of New York or the city of New ee’s deed and affidavit, if any, and any other trative costs and the principal and interest York or by both parties acting jointly. instruments submitted for filing in relation balances secured by the mortgage, including (c) PROCEEDS FROM SALE.—Amounts re- to the foreclosure of the security property expenditures for the necessary protection, ceived by the Administrator from the sale under this subchapter. preservation, and repair of the security prop- shall be— ‘‘§ 3412. Effect of sale erty as authorized under the debt instrument (1) made available to pay for costs associ- ‘‘A sale conducted under this subchapter to or mortgage and interest thereon if provided ated with moving Coast Guard vessels, equip- a bona fide purchaser shall bar all claims for in the debt instrument or mortgage, pur- ment, and facilities presently sited at Gov- upon the security property by— suant to the agency’s procedure. ernors Island to a different site, the cost of ‘‘(1) any person to whom the notice of fore- ‘‘(b) INSUFFICIENT PROCEEDS.—In the event renovation or construction of appropriate fa- closure sale was mailed as provided in this there are no proceeds of sale or the proceeds cilities at such site, and the costs of environ- subchapter who claims an interest in the are insufficient to pay the costs and expenses mental clean-up activities on Governors Is- property subordinate to that of the mort- set forth in subsection (a), the agency head land undertaken by the Coast Guard; and gage, and the heir, devisee, executor, admin- shall pay such costs and expenses as author- (2) deposited as miscellaneous receipts in istrator, successor, or assignee claiming ized by applicable law. the general account of the United States under any such person; ‘‘(c) SURPLUS MONIES.— Treasury. ‘‘(2) any person claiming any interest in ‘‘(1) After making the payments required CHAPTER 3—SPENDING DESIGNATION the property subordinate to that of the by subsection (a), the foreclosure trustee SEC. 5501. EMERGENCY DESIGNATION. mortgage, if such person had actual knowl- shall— Congress hereby designates all amounts in edge of the sale; ‘‘(A) distribute any surplus to pay liens in this entire title as emergency requirements ‘‘(3) any person so claiming, whose assign- the order of priority under Federal law or for all purposes of the Balanced Budget and ment, mortgage, or other conveyance was the law of the State where the security prop- Emergency Deficit Control Act of 1985: Pro- not filed in the proper place for filing, or erty is located; and vided, That these amounts shall only be whose judgment or decree was not filed in ‘‘(B) pay to the person who was the owner available to the extent an official budget re- the proper place for filing, prior to the date of record on the date the notice of fore- quest for a specific dollar amount that in- of filing of the notice of foreclosure sale as closure sale was filed the balance, if any, cludes designation of the entire amount of required by section 3406(a), and the heir, dev- after any payments made pursuant to para- the request as an emergency requirement as isee, executor, administrator, successor, or graph (1). defined in the Balanced Budget and Emer- assignee of such a person; or ‘‘(2) If the person to whom such surplus is gency Deficit Control Act of 1985 is transmit- ‘‘(4) any other person claiming under a to be paid cannot be located, or if the surplus ted by the President to Congress. statutory lien or encumbrance not required available is insufficient to pay all claimants and the claimants cannot agree on the dis- to be filed and attaching to the title or inter- BIDEN (AND OTHERS) AMENDMENT est of any person designated in any of the tribution of the surplus, that portion of the foregoing subsections of this section. sale proceeds may be deposited by the fore- NO. 3483 ‘‘§ 3413. Disposition of sale proceeds closure trustee with an appropriate official Mr. BIDEN (for himself, Mr. KERRY, authorized under law to receive funds under ‘‘(a) DISTRIBUTION OF SALE PROCEEDS.—The Mr. WELLSTONE, Mr. DASCHLE, Mr. LAU- foreclosure trustee shall distribute the pro- such circumstances. If such a procedure for TENBERG, Mr. LEVIN, Ms. MIKULSKI, Mr. the deposit of disputed funds is not available, ceeds of the foreclosure sale in the following HARKIN, and Mrs. FEINSTEIN) proposed and the foreclosure trustee files a bill of order— an amendment to amendment No. 3466 ‘‘(1)(A) to pay the commission of the fore- interpleader or is sued as a stakeholder to determine entitlement to such funds, the proposed by Mr. HATFIELD to the bill closure trustee, other than an agency em- H.R. 3019, supra; as follows: ployee, the greater of— foreclosure trustee’s necessary costs in tak- ‘‘(i) the sum of— ing or defending such action shall be de- On page 3, line 8, add after ‘‘basis.’’: ‘‘(I) 3 percent of the first $1,000 collected, ducted first from the disputed funds. COMMUNITY ORIENTED POLICING SERVICES plus ‘‘§ 3414. Deficiency judgment For public safety and community policing ‘‘(II) 1.5 percent on the excess of any sum ‘‘(a) IN GENERAL.—If after deducting the grants pursuant to Title I of the Violent collected over $1,000; or disbursements described in section 3413, the Crime Control and Law Enforcement Act of ‘‘(ii) $250; and price at which the security property is sold 1994 (Public Law 103–322) and related admin- ‘‘(B) the amounts described in subpara- at a foreclosure sale is insufficient to pay istrative costs, $1,788,000,000, to remain avail- graph (A)(i) shall be computed on the gross the unpaid balance of the debt secured by the able until expended, which shall be derived proceeds of all security property sold at a security property, counsel for the United from the Violent Crime Reduction Trust single sale; States may commence an action or actions Fund. S1986 CONGRESSIONAL RECORD — SENATE March 13, 1996

On page 29, line 2, strike all after ‘‘(‘the (16 U.S.C. 2201 et seq.) for expenses resulting NATIONAL OCEANIC AND ATMOSPHERIC 1990 Act’);’’ through ‘‘That’’ on page 29, line from floods in the Pacific Northwest and ADMINISTRATION 18 and insert in lieu thereof: ‘‘$1,217,200,000, other natural disasters, the Director of the CONSTRUCTION to remain available until expended, which Federal Emergency Management Agency For an additional amount for ‘‘Construc- shall be derived from the Violent Crime Re- shall use $30,000,000, to the extent funds are tion’’ for emergency expenses resulting from duction Trust Fund; of which’’. available to the Director as of the date of en- flooding in the Pacific Northwest and other actment of this Act, as authorized by section natural disasters, the Director of the Federal SANTORUM AMENDMENT NOS. 3484– 404 of the Act (16 U.S.C. 2204). Emergency Management Agency shall use 3488 RURAL HOUSING AND COMMUNITY $10,000,000, to the extent funds are available DEVELOPMENT SERVICE to the Director as of the date of enactment (Ordered to lie on the table.) of this Act. Mr. SANTORUM submitted five RURAL HOUSING INSURANCE FUND PROGRAM RELATED AGENCY amendments intended to be proposed ACCOUNT by him to the amendment No. 3466 pro- For an additional amount for the ‘‘Rural SMALL BUSINESS ADMINISTRATION DISASTER LOANS PROGRAM ACCOUNT posed by Mr. HATFIELD to the bill H.R. Housing Insurance Fund Program Account’’ 3019, supra; as follows: for the cost of direct loans to assist in the For an additional amount for ‘‘Disaster recovery from floods in the Pacific North- Loans Program Account’’, the Director of AMENDMENT NO. 3484 west and other natural disasters, the Direc- the Federal Emergency Management Agency SEC. . SENSE OF THE SENATE REGARDING THE tor of the Federal Emergency Management shall use $69,700,000 for the cost of direct BUDGET TREATMENT OF FEDERAL Agency shall use $5,000,000, to the extent loans, to the extent funds are available to DISASTER ASSISTANCE. funds are available to the Director as of the the Director as of the date of enactment of SENSE OF THE SENATE.—It is the Sense of date of enactment of this Act, for the cost of this Act: Provided, That such costs, including the Senate that the Conference on S. 1594, direct loans under section 502 of the Housing the cost of modifying such loans, shall be as making Omnibus Consolidated Rescissions & Act of 1949 (42 U.S.C. 1472), and $1,500,000 for defined in section 502 of the Congressional Appropriations for Fiscal Year ending Sep- the cost of housing repair loans under sec- Budget Act of 1974 (2 U.S.C. 661a); and for ad- tember 30, 1996, and for other purposes, shall tion 504 of the Housing Act of 1949 (42 U.S.C. ministrative expenses to carry out the direct find sufficient funding reductions to offset 1474). loan program, $30,300,000, to the extent funds the costs of providing any federal disaster VERY LOW-INCOME HOUSING REPAIR GRANTS are available to the Director as of the date of assistance. enactment of this Act. For an additional amount for ‘‘Very Low- CHAPTER 3 AMENDMENT NO. 3485 Income Housing Repair Grants’’ to make housing repairs needed as a result of floods ENERGY AND WATER DEVELOPMENT SEC. . SENSE OF THE SENATE REGARDING THE BUDGET TREATMENT OF FEDERAL and other natural disasters, pursuant to sec- DEPARTMENT OF DEFENSE—CIVIL DISASTER ASSISTANCE. tion 504 of the Housing Act of 1949 (42 U.S.C. DEPARTMENT OF THE ARMY 1474), the Director of the Federal Emergency SENSE OF THE SENATE.—It is the Sense of CORPS OF ENGINEERS—CIVIL Management Agency shall use $1,100,000, to the Senate that the Congress and the rel- OPERATION AND MAINTENANCE, GENERAL evant committees of the Senate shall exam- the extent funds are available to the Direc- For an additional amount for ‘‘Operation ine the manner in which federal disaster as- tor as of the date of enactment of this Act. and Maintenance, General’’, the Director of sistance is provided and develop a long-term RURAL UTILITIES SERVICE the Federal Emergency Management Agency funding plan for the budgetary treatment of RURAL UTILITIES ASSISTANCE PROGRAM shall use $30,000,000, to the extent funds are any federal assistance, providing for such available to the Director as of the date of en- funds out of existing budget allocation rath- For an additional amount for the ‘‘Rural actment of this Act. er than taking the expenditures off budget Utilities Assistance Program’’ for the cost of and adding to the federal deficit. direct loans and grants to assist in the re- FLOOD CONTROL AND COASTAL EMERGENCIES covery from floods in the Pacific Northwest For an additional amount for ‘‘Flood Con- AMENDMENT NO. 3486 and other natural disasters, the Director of trol and Coastal Emergencies’’, the Director the Federal Emergency Management Agency Beginning on page 730, strike line 1 and all of the Federal Emergency Management shall use $11,000,000, to the extent funds are that follows through page 750, line 14, and in- Agency shall use $135,000,000, to the extent available to the Director as of the date of en- sert the following: funds are available to the Director as of the actment of this Act: Provided, That such date of enactment of this Act. TITLE II—EMERGENCY SUPPLEMENTAL funds may be available for emergency com- DEPARTMENT OF THE INTERIOR EXPENDITURES AND APPROPRIATIONS munity water assistance grants as author- FOR THE FISCAL YEAR ENDING SEP- ized by section 306B of the Consolidated BUREAU OF RECLAMATION TEMBER 30, 1996 Farm and Rural Development Act (7 U.S.C. CONSTRUCTION PROGRAM CHAPTER 1 1926b). For an additional amount for the ‘‘Con- DEPARTMENT OF AGRICULTURE ADMINISTRATIVE PROVISION struction Program’’, the Director of the Fed- eral Emergency Management Agency shall NATURAL RESOURCES CONSERVATION SERVICE With the prior approval of the House and use $18,000,000, to the extent funds are avail- WATERSHED AND FLOOD PREVENTION Senate Committees on Appropriations, funds able to the Director as of the date of enact- OPERATIONS made available to the Department of Agri- ment of this Act. culture under this chapter may be trans- For an additional amount for ‘‘Watershed CHAPTER 4 and Flood Prevention Operations’’ to repair ferred by the Secretary of Agriculture be- DEPARTMENT OF THE INTERIOR AND damages to waterways and watersheds re- tween accounts of the Department of Agri- RELATED AGENCIES sulting from flooding in the Pacific North- culture included in this Act to satisfy emer- west, the Northeast blizzards and floods, and gency disaster funding requirements. DEPARTMENT OF THE INTERIOR other natural disasters, the Director of the CHAPTER 2 BUREAU OF LAND MANAGEMENT Federal Emergency Management Agency DEPARTMENTS OF COMMERCE, JUSTICE, CONSTRUCTION AND ACCESS shall use $107,514,000, to the extent funds are AND STATE, THE JUDICIARY, AND RE- For an additional amount for ‘‘Construc- available to the Director as of the date of en- LATED AGENCIES tion and Access’’, the Director of the Federal actment of this Act: Provided, That if the DEPARTMENT OF COMMERCE Emergency Management Agency shall use Secretary determines that the cost of land $5,000,000, to the extent funds are available and restoration of farm structures exceeds ECONOMIC DEVELOPMENT ADMINISTRATION to the Director as of the date of enactment the fair market value of certain affected ECONOMIC DEVELOPMENT ASSISTANCE of this Act, to repair roads, culverts, bridges, cropland, the Secretary may use sufficient PROGRAMS facilities, fish and wildlife protective struc- amounts from funds provided under this For an additional amount for emergency tures, and recreation sites, damaged because heading to accept bids from willing sellers to of the Pacific Northwest flooding. provide conservation easements for the crop- expenses resulting from flooding in the Pa- land inundated by floods as provided for by cific Northwest, the Director of the Federal OREGON AND CALIFORNIA GRANT LANDS the wetlands reserve program, authorized by Emergency Management Agency shall use For an additional amount for ‘‘Oregon and subchapter C of chapter 1 of subtitle D of $15,000,000, to the extent funds are available California Grant Lands’’, the Director of the title XII of the Food Security Act of 1985 (16 to the Director as of the date of enactment Federal Emergency Management Agency U.S.C. 3837 et seq.). of this Act, for grants and related expenses shall use $35,000,000, to the extent funds are pursuant to the Public Works and Economic available to the Director as of the date of en- CONSOLIDATED FARM SERVICE AGENCY Development Act of 1965 (42 U.S.C. 3121 et actment of this Act, to repair roads, cul- EMERGENCY CONSERVATION PROGRAM seq.); and, in addition, $1,500,000 for adminis- verts, bridges, facilities, fish and wildlife For necessary expenses to carry into effect trative expenses which may be transferred to protective structures, and recreation sites, the program authorized in sections 401, 402, and merged with the appropriations for ‘‘Sal- damaged because of the Pacific Northwest and 404 of the Agricultural Credit Act of 1978 aries and Expenses’’. flooding. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1987

UNITED STATES FISH AND WILDLIFE SERVICE CHAPTER 5 Federal Emergency Management Agency shall use $100,000,000, to the extent funds are CONSTRUCTION DEPARTMENT OF TRANSPORTATION available to the Director as of the date of en- OFFICE OF THE SECRETARY For an additional amount for ‘‘Construc- actment of this Act, for emergency expenses tion’’, the Director of the Federal Emer- PAYMENTS TO AIR CARRIERS and repairs related to recent presidentially gency Management Agency shall use The first proviso under the heading ‘‘PAY- declared disaster areas, including up to $32,000,000, to the extent funds are available MENTS TO AIR CARRIERS’’ in title I of the De- $10,000,000 which may be made available for to the Director as of the date of enactment partment of Transportation and Related rental subsidy contracts under the housing of this Act, to repair damage caused by hur- Agencies Appropriations Act, 1996 (Public certificate program and the housing voucher ricanes, floods, and other acts of nature. Law 104–50; 109 Stat. 437), is amended to read program under section 8 of the United States NATIONAL PARK SERVICE as follows: ‘‘Provided, That none of the funds Housing Act of 1937 (42 U.S.C. 1437f), except in this Act shall be available for the imple- that such amount shall be available only for CONSTRUCTION mentation or execution of programs in ex- temporary housing assistance, not in excess For an additional amount for ‘‘Construc- cess of $22,600,000 from the Airport and Air- of 1 year in duration, and shall not be sub- tion’’, the Director of the Federal Emer- way Trust Fund for the Payments to Air ject to renewal. Carriers program in fiscal year 1996:’’. gency Management Agency shall use FEDERAL EMERGENCY MANAGEMENT AGENCY $47,000,000, to the extent funds are available FEDERAL HIGHWAY ADMINISTRATION DISASTER RELIEF to the Director as of the date of enactment FEDERAL-AID HIGHWAYS of this Act, to repair damage caused by hur- (INCLUDING TRANSFER OF FUNDS) For the emergency fund authorized by sec- ricanes, floods, and other acts of nature. For an additional amount for ‘‘Disaster tion 125 of title 23, United States Code, to Relief’’, the Director of the Federal Emer- UNITED STATES GEOLOGICAL SURVEY cover expenses arising from the January 1996 gency Management Agency shall use SURVEYS, INVESTIGATIONS, AND RESEARCH flooding in the Mid-Atlantic, Northeast, and $150,000,000, to the extent funds are available Northwest States and other disasters, the Di- For an additional amount for ‘‘Surveys, In- to the Director as of the date of enactment rector of the Federal Emergency Manage- of this Act, which, in whole or in part, may vestigations, and Research’’, the Director of ment Agency shall use $300,000,000, to the ex- the Federal Emergency Management Agency be transferred to the Disaster Assistance Di- tent funds are available to the Director as of rect Loan Program Account for the cost of shall use $2,000,000, to the extent funds are the date of enactment of this Act: Provided, available to the Director as of the date of en- direct loans as authorized under section 417 That section 125(b)(1) of title 23, United of the Robert T. Stafford Disaster Relief and actment of this Act, for costs related to hur- States Code, shall not apply to projects re- ricanes, floods, and other acts of nature. Emergency Assistance Act (42 U.S.C. 5184): lating to the January 1996 flooding in the Provided, That such transfer of funds may be BUREAU OF INDIAN AFFAIRS Mid-Atlantic, Northeast, and Northwest made to subsidize gross obligations for the States. OPERATION OF INDIAN PROGRAMS principal amount of direct loans not to ex- FEDERAL RAILROAD ADMINISTRATION ceed $170,000,000 under that section: Provided For an additional amount for ‘‘Operation LOCAL RAIL FREIGHT ASSISTANCE further, That any such transfer of funds shall of Indian Programs’’, the Director of the be made only on certification by the Direc- Federal Emergency Management Agency For expenses pursuant to chapter 221 of tor of the Federal Emergency Management shall use $500,000, to the extent funds are title 49, United States Code, to repair and re- Agency that all requirements of that section available to the Director as of the date of en- build rail lines of other than class I railroads will be complied with. actment of this Act, for emergency oper- (as defined by the Surface Transportation On page 756, strike lines 8 through 10 and ations and repairs related to winter floods. Board) or railroads owned or controlled by a class I railroad, having carried 5,000,000 gross insert the following: CONSTRUCTION ton miles or less per mile during the prior SEC. 1102. It is the sense of Congress that For an additional amount for ‘‘Construc- year, and damaged as a result of the floods of Congress should appropriate, during the pe- tion’’, the Director of the Federal Emer- 1996, the Director of the Federal Emergency riod consisting of fiscal years 1997 through gency Management Agency shall use Management Agency shall use $10,000,000, to 2001, a total of not less than $1,250,000,000 to $16,500,000, to the extent funds are available the extent funds are available to the Direc- the Federal Emergency Management Agency to the Director as of the date of enactment tor as of the date of enactment of this Act: to reimburse the Agency for the expendi- of this Act, for emergency repairs related to Provided, That for the purposes of admin- tures required under chapters 1 through 6. winter floods. istering this emergency relief, the Secretary of Transportation shall have authority to AMENDMENT NO. 3487 TERRITORIAL AND INTERNATIONAL AFFAIRS make funds available notwithstanding sub- At the end of title II of the committee sub- ASSISTANCE TO TERRITORIES sections (a)(1), (a)(3), and (d) of section 22101, stitute, add the following: For an additional amount for ‘‘Assistance sections 22102 through 22104, section 22105(a), SEC. .(a) Notwithstanding any other pro- to Territories’’, the Director of the Federal and subsections (a) and (b) of section 22108, of vision of this title, none of the amounts pro- Emergency Management Agency shall use title 49, United States Code, as the Secretary vided in this title is designated by Congress $13,000,000, to the extent funds are available considers appropriate and shall consider the as an emergency requirement pursuant to to the Director as of the date of enactment extent to which the State has available un- section 251(b)(2)(D)(I) of the Balanced Budget of this Act, for recovery efforts from Hurri- expended local rail freight assistance funds and Emergency Deficit Control Act of 1985. cane Marilyn. or available repaid loan funds: Provided fur- (b) Each amount provided in a nonexempt ther, That, notwithstanding chapter 221 of discretionary spending nondefense account DEPARTMENT OF AGRICULTURE title 49, United States Code, the Secretary covered by title I is reduced by the uniform NATIONAL FOREST SYSTEM may prescribe the form and time for applica- percentage necessary to offset nondefense For an additional amount for ‘‘National tions for assistance made available under discretionary amounts provided in this title. Forest System’’, the Director of the Federal this heading. The reductions required by this subsection Emergency Management Agency shall use FEDERAL TRANSIT ADMINISTRATION shall be implemented generally in accordance with section 251 of the Balanced Budget $26,600,000, to the extent funds are available MASS TRANSIT CAPITAL FUND and Emergency Deficit Control Act of 1985. to the Director as of the date of enactment (LIQUIDATION OF CONTRACT AUTHORIZATION) of this Act, to repair damage caused by hur- For an additional amount for payment of ricanes, floods, and other acts of nature, in- AMENDMENT NO. 3488 obligations incurred in carrying out section cluding $300,000 for the costs associated with At the end of title II of the committee sub- 5338(b) of title 49, United States Code, admin- emergency removal and remediation, includ- stitute, add the following: istered by the Federal Transit Administra- ing access repairs, at the Amalgamated Mine Sec. .(a) Notwithstanding any other pro- tion, the Director of the Federal Emergency site in the Willamette National Forest, con- vision of this title, none of the amounts pro- Management Agency shall use $375,000,000, to taining sulphur-rich and other mining vided in this title is designated by Congress the extent funds are available to the Direc- tailings, in order to prevent contamination as an emergency requirement pursuant to tor as of the date of enactment of this Act. of Battle Ax Creek, and the Little North section 251(b)(2)(D)(I) of the Balanced Budget Fork of the Santiam River, from which the CHAPTER 6 and Emergency Deficit Control Act of 1985. city of Salem, Oregon, obtains its municipal DEPARTMENTS OF VETERANS AFFAIRS (b) Each amount provided for ‘Salaries and water supply. AND HOUSING AND URBAN DEVELOP- Expenses’ and ‘Administrative Expenses’ MENT AND INDEPENDENT AGENCIES within Title I are reduced by the uniform CONSTRUCTION DEPARTMENT OF HOUSING AND URBAN percentage necessary to offset nondefense For an additional amount for ‘‘Construc- DEVELOPMENT discretionary amounts provided in this title, tion’’, the Director of the Federal Emer- except for— COMMUNITY PLANNING AND DEVELOPMENT gency Management Agency shall use (A) Amounts Provided Under the Heading: $60,800,000, to the extent funds are available COMMUNITY DEVELOPMENT GRANTS (1) ‘‘Federal Emergency Management to the Director as of the date of enactment For an additional amount for ‘‘Community Agency;’’ of this Act. Development Grants’’, the Director of the (i) ‘‘Salaries and Expenses.’’ S1988 CONGRESSIONAL RECORD — SENATE March 13, 1996 The reductions required by this subsection fice (hereafter in this section referred to as the amounts credited to the applicable Joint shall be implemented generally in accord- the ‘‘Director’’) shall maintain a ledger to be House-Senate Lock-box Balance under sec- ance with section 251 of the Balanced Budget known as the ‘‘Deficit Reduction Lock-box tion 314(c)(2). The revised levels of budget and Emergency Deficit Control Act of 1985. Ledger’’. The Ledger shall be divided into en- authority and outlays shall be submitted to tries corresponding to the subcommittees of each House by the chairman of the Commit- GORTON AMENDMENT NO. 3489 the Committees on Appropriations. Each tee on the Budget of that House and shall be entry shall consist of three parts: the ‘House printed in the Congressional Record.’’. Mr. GREGG (for Mr. GORTON) pro- Lock-box Balance’; the ‘Senate Lock-box (b) SUBALLOCATIONS.—Section 602(b)(1) of posed an amendment to amendment Balance’; and the ‘Joint House-Senate Lock- the Congressional Budget Act of 1974 is No. 3466 proposed by Mr. HATFIELD to box Balance’. amended by adding at the end the following the bill H.R. 3019, supra; as follows: ‘‘(b) COMPONENTS OF LEDGER.—Each com- new sentence: ‘‘Whenever an adjustment is made under subsection (a)(5) to an allocation Amend page 113, line 11 by striking the pe- ponent in an entry shall consist only of amounts credited to it under subsection (c). under that subsection, the chairman of the riod at the end of the sentence and adding ‘‘: Committee on Appropriations of each House Provided further, That the FCC shall pay the No entry of a negative amount shall be made. shall make downward adjustments in the travel-related expenses of the Federal-State most recent suballocations of new budget au- Joint Board on Universal Service for those ‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) The Director shall, upon the engrossment of thority and outlays under subparagraph (A) activities described in the Telecommuni- to the appropriate subcommittees of that cations Act of 1996 (47 U.S.C. 254(a)(1)).’’ any appropriation bill by the House of Rep- resentatives and upon the engrossment of committee in the total amounts of those adjustments under section 314(c)(2). The revised that bill by the Senate, credit to the applica- suballocations shall be submitted to each GRAMM (AND OTHERS) ble entry balance of that House amounts of House by the chairman of the Committee on AMENDMENT NO. 3490 new budget authority and outlays equal to Appropriations of that House and shall be the net amounts of reductions in new budget Mr. GRAMM (for himself, Mr. printed in the Congressional Record.’’. authority and in outlays resulting from SANTORUM, Mr. MCCAIN, and Mr. NICK- SEC. 505. PERIODIC REPORTING OF LEDGER amendments agreed to by that House to that LES) proposed an amendment to amend- STATEMENTS. bill. ment No. 3466 proposed by Mr. HAT- Section 308(b)(1) of the Congressional ‘‘(2) The Director shall, upon the engross- Budget Act of 1974 is amended by adding at FIELD to the bill H.R. 3019, supra; as fol- ment of Senate amendments to any appro- the end the following new sentence: ‘‘Such lows: priation bill, credit to the applicable Joint reports shall also include an up-to-date tab- At the end of title II of the committee sub- House-Senate Lock-box Balance the amounts ulation of the amounts contained in the stitute, add the following: of new budget authority and outlays equal ledger and each entry established by section SEC. . (a) Notwithstanding any other pro- to— 314(a).’’. vision of this title, none of the amounts pro- ‘‘(A) an amount equal to one-half of the SEC. 506. DOWNWARD ADJUSTMENT OF DISCRE- vided in this title is designated by Congress sum of (i) the amount of new budget author- TIONARY SPENDING LIMITS. as an emergency requirement pursuant to ity in the House Lock-box Balance, plus (ii) The discretionary spending limits for new section 25(b)(2)(D)(i) of the Balanced Budget the amount of new budget authority in the budget authority and outlays for any fiscal and Emergency Deficit Control Act of 1985. Senate Lock-box Balance for that bill; and year set forth in section 601(a)(2) of the Con- (b) Each amount provided in a nonexempt ‘‘(B) an amount equal to one-half of the gressional Budget Act of 1974, as adjusted in discretionary spending nondefense account sum of (i) the amount of outlays in the strict conformance with section 251 of the for fiscal year 1996 is reduced by the uniform House Lock-box Balance, plus (ii) the Balanced Budget and Emergency Deficit percentage necessary to offset non-defense amount of outlays in the Senate Lock-box Control Act of 1985, shall be reduced by the discretionary amounts provided in this title. Balance for that bill. amounts set forth in the final regular appro- The reductions required by this subsection ‘‘(3) For purposes of calculating under this priation bill for that fiscal year or joint reso- shall be implemented generally in accord- section the net amounts of reductions in new lution making continuing appropriations ance with section 251 of the Balanced Budget budget authority and in outlays resulting through the end of that fiscal year. Those and Emergency Deficit Control Act of 1985. from amendments agreed to by the Senate amounts shall be the sums of the Joint on an appropriation bill, the amendments re- House-Senate Lock-box Balances for that fis- BIDEN AMENDMENT NO. 3491 ported to the Senate by its Committee on cal year, as calculated under section 602(a)(5) Appropriations shall be considered to be part of the Congressional Budget Act of 1974. That Mr. GREGG (for Mr. BIDEN) proposed of the original text of the bill. bill or joint resolution shall contain the fol- an amendment to amendment No. 2466 ‘‘(d) DEFINITION.—As used in this section, lowing statement of law: ‘‘As required by proposed by Mr. HATFIELD to the bill the term ‘appropriation bill’ means any gen- section 6 of the Deficit Reduction Lock-box H.R. 3019, supra; as follows: eral or special appropriation bill, and any Act of 1995, for fiscal year [insert appropriate bill or joint resolution making supple- fiscal year] and each outyear, the adjusted On page 29, line 20, after ‘‘Provided further,’’ mental, deficiency, or continuing appropria- discretionary spending limit for new budget insert ‘‘That not less than $20,000,000 of this tions through the end of a fiscal year.’’. authority shall be reduced by $ [insert appro- amount shall be for Boys & Girls Clubs of (b) CONFORMING AMENDMENT.—The table of priate amount of reduction] and the adjusted America for the establishment of Boys & contents set forth in section 1(b) of the Con- discretionary limit for outlays shall be re- Girls Clubs in public housing facilities and gressional Budget and Impoundment Control duced by $ [insert appropriate amount of re- other areas in cooperation with state and Act of 1974 is amended by inserting after the duction] for the budget year and each out- local law enforcement: Provided further,’’ year.’’ Notwithstanding section 904(c) of the item relating to section 313 the following Congressional Budget Act of 1974, section 306 new item: of that Act as it applies to this statement GRAMS (AND OTHERS) ‘‘Sec. 314. Deficit reduction lock-box ledg- AMENDMENT NO. 3492 shall be waived. This adjustment shall be reer.’’. flected in reports under sections 254(g) and Mr. GRAMS (for himself, Mr. SEC. 503. TALLY DURING HOUSE CONSIDER- 254(h) of the Balanced Budget and Emer- MCCAIN, Mr. FAIRCLOTH, Mr. INHOFE, ATION. gency Deficit Control Act of 1985. Mrs. HUTCHISON, and Mr. HELMS) pro- There shall be available to Members in the SEC. 507. ADJUSTMENT FOR STIMULATIVE EF- posed an amendment to amendment House of Representatives during consider- FECT OF REVENUE REDUCTIONS. ation of any appropriations bill by the House (a) AMOUNT OF ADJUSTMENT.— No. 3466 proposed by Mr. HATFIELD to a running tally of the amendments adopted (1) OMB.—Effective in 1997 and not later the bill H.R. 3019, supra; as follows: reflecting increases and decreases of budget than October 15 of each year, the Director of At the end of the amendment (before the authority in the bill as reported. OMB shall estimate the amount of the stim- short title), add the following new title: SEC. 504. DOWNWARD ADJUSTMENT OF 602(a) AL- ulative economic effect of any provisions en- TITLE V—DEFICIT REDUCTION LOCK-BOX LOCATIONS AND SECTION 602(b) acted beginning with calendar year 1997 re- SUBALLOCATIONS. ducing revenues with respect to increasing SEC. 501. SHORT TITLE. (a) ALLOCATIONS.—Section 602(a) of the revenues in the fiscal year ending in the year This title may be cited as the ‘‘Deficit Re- Congressional Budget Act of 1974 is amended of the estimate. The Director of OMB shall duction Lock-box Act of 1996’’. by adding at the end the following new para- calculate stimulative effect by determining SEC. 502. DEFICIT REDUCTION LOCK-BOX LEDG- graph: the amount by which actual revenues exceed ER. ‘‘(5) Upon the engrossment of Senate the projected level of revenues and then esti- (a) ESTABLISHMENT OF LEDGER.—Title III of amendments to any appropriation bill (as de- mating the amount of the excess (fiscal divi- the Congressional Budget Act of 1974 is fined in section 314(d)) for a fiscal year, the dend excess) attributable to enacted revenue amended by adding at the end the following amounts allocated under paragraph (1) or (2) reduction provisions. new section: to the Committee on Appropriations of each (2) CBO CERTIFICATION.—Not later than Oc- ‘‘DEFICIT REDUCTION LOCK-BOX LEDGER House upon the adoption of the most recent tober 20, the Director of the CBO shall cer- ‘‘SEC. 314. (a) ESTABLISHMENT OF LEDGER.— concurrent resolution on the budget for that tify the estimates and projections of the Di- The Director of the Congressional Budget Of- fiscal year shall be adjusted downward by rector of OMB made under this subsection. If March 13, 1996 CONGRESSIONAL RECORD — SENATE S1989 the Director of CBO cannot certify the esti- tion to reconsider the vote by which the bill AUTHORITY FOR COMMITTEES TO mates and projections, the Director shall nois agreed to or disagreed to is not in order. MEET tify Congress and the President of the dis- Debate on amendments to the bill shall be agreement and submit revised estimates. limited to 30 minutes equally divided. COMMITTEE ON ARMED SERVICES (b) REDUCTION OF DEFICIT.—If the Director Amendments to the bill may not reduce rev- Mr. BOND. Mr. President, I ask unan- of OMB determines that a fiscal dividend ex- enues in the bill below the amount proposed imous consent that the Committee on cess exists under subsection (a) and on No- by the President. Armed Services be authorized to meet vember 1, the President may— (C) VOTE ON FINAL PASSAGE.—Immediately at 9:30 a.m. on Wednesday, March 13, (1) direct the Secretary of the Treasury to following the conclusion of the debate on a 1996, in closed/open session, to receive pay an amount not to exceed the level of ex- bill described in paragraph (1), and a single cess to retire debt obligations of the United testimony on the Department of En- quorum call at the conclusion of the debate ergy atomic energy defense programs— States; or if requested in accordance with the rules of (2) submit a legislative proposal to Con- the appropriate House, the vote on final pas- Nuclear stockpile stewardship and gress for reducing taxes by the amount of ex- sage of the bill shall occur. management. cess not dedicated to deficit reduction to be (D) RULINGS OF THE CHAIR ON PROCEDURE.— The hearing will begin with the considered by Congress as provided in sub- Appeals from the decisions of the Chair re- closed portion and attendance will be section (c). lating to the application of the rules of the restricted to those with a ‘‘Q’’ clear- (c) EXPEDITED PROCEDURE.— Senate or the House of Representatives, as ance. (1) INTRODUCTION.—Not later than 3 days the case may be, to the procedure relating to after the President submits a legislative pro- The PRESIDING OFFICER. Without a bill described in paragraph (1) shall be de- posal under subsection (b)(2), the Majority objection, it is so ordered. cided without debate. Leaders of the Senate and the House of Rep- COMMITTEE ON ENERGY AND NATURAL (5) COORDINATION WITH ACTION BY OTHER resentatives shall introduce the proposal in RESOURCES HOUSE.—If, before the passage by one House their respective Houses as a bill. If the bill of a bill of that House described in paragraph Mr. MURKOWSKI. Mr. President, I described in the preceding sentence is not in- (1), that House receives from the other House would like to announce for the public troduced as provided in the preceding sen- a bill described in paragraph (1), then the fol- that a hearing has been scheduled be- tence, then, on the 4th day after the submis- lowing procedures shall apply: fore the full Committee on Energy and sion of the legislative proposal by the Presi- (A) The bill of the other House shall not be dent, any Member of that House may intro- Natural Resources to receive testi- duce the bill. referred to a committee. mony regarding S. 1605, a bill to amend (B) With respect to a bill described in para- (2) REFERRAL TO COMMITTEE.—A bill de- and extend certain authorities in the scribed in paragraph (1) introduced in the graph (1) of the House receiving the bill— Energy Policy and Conservation Act House of Representatives shall be referred to (i) the procedure in that House shall be the same as if no bill had been received from the which either have expired or will ex- the Committee on Ways and Means of the pire June 30, 1996. House of Representatives. A bill described in other House; but (ii) the vote on final passage shall be on The hearing will be held on Thurs- paragraph (1) introduced in the Senate shall day, March 21, 1996. It will begin at 2 be referred to the Committee on Finance of the bill of the other House. the Senate. If more than 1 bill is introduced (6) RULES OF HOUSE OF REPRESENTATIVES p.m., and will take place in room SD– as provided in paragraph (1), the committee AND SENATE.—This subsection is enacted by 366 of the Dirksen Senate Office Build- shall consider and report the first bill intro- Congress— ing in Washington, DC. duced. Amendments to the bill in committee (A) as an exercise of the rulemaking power For further information, please call may not reduce revenues in the bill below of the Senate and House of Representatives, Karen Hunsicker or Betty Nevitt at the amount proposed by the President. Such respectively, and as such it is deemed a part (202) 224–0765. of the rules of each House, respectively, but a bill may not be reported before the 8th day COMMITTEE ON ENERGY AND NATURAL after its introduction. applicable only with respect to the procedure to be followed in that House in the case of a RESOURCES (3) DISCHARGE OF COMMITTEE.—If the com- Mr. BOND. Mr. President, I ask unan- mittee to which is referred a bill described in bill described in paragraph (1), and it super- paragraph (1) has not reported such bill at sedes other rules only to the extent that it is imous consent that the Committee on the end of 15 calendar days after its intro- inconsistent with such rules; and Energy and Natural Resources be duction, such committee shall be deemed to (B) with full recognition of the constitu- granted permission to meet during the be discharged from further consideration of tional right of either House to change the session of the Senate on Wednesday, such bill and such bill shall be placed on the rules (so far as relating to the procedure of March 13, 1996, for purposes of conduct- appropriate calendar of the House involved. that House) at any time, in the same manner ing a full committee business meeting (4) FLOOR CONSIDERATION.— and to the same extent as in the case of any other rule of that House. which is scheduled to begin at 9:30 a.m. (A) IN GENERAL.—When the committee to The purpose of this meeting is to con- which a bill is referred has reported, or has (d) DEFICIT REDUCTION IF TAX REDUCTIONS been deemed to be discharged (under para- NOT ENACTED.—If tax reductions are not en- sider pending calendar business. graph (3)) from further consideration of, a acted by December 31 of the year of the sub- The PRESIDING OFFICER. Without bill described in paragraph (1), it is at any mission of a legislative proposal under sub- objection, it is so ordered. time thereafter in order (even though a pre- section (b)(2), the President shall pay an COMMITTEE ON ARMED SERVICES vious motion to the same effect has been dis- amount equal to the amount by which reve- Mr. BOND. Mr. President, I ask unan- agreed to) for any Member of the respective nues are not reduced to deficit reduction as imous consent that the Committee on provided in subsection (b)(1). House to move to proceed to the consider- Armed Services be authorized to meet (e) DEFINITION.—For purposes of this sec- ation of the bill, and all points of order at 2 p.m. on Wednesday, March 13, 1996, against the bill (and against consideration of tion, the term ‘‘stimulative economic effect the bill) are waived. The motion is highly of any laws reducing revenues’’ refers to laws in open session, to receive testimony privileged in the House of Representatives that have the effect of stimulating savings, on the Defense authorization request and is privileged in the Senate and is not de- investment, job creation, and economic for fiscal year 1997 and the future years batable. The motion is not subject to amend- growth. defense plan. ment, or to a motion to postpone, or to a f The PRESIDING OFFICER. Without motion to proceed to the consideration of objection, it is so ordered. NOTICE OF HEARING other business. A motion to reconsider the COMMITTEE ON FOREIGN RELATIONS vote by which the motion is agreed to or dis- SUBCOMMITTEE ON POST OFFICE AND CIVIL Mr. BOND. Mr. President, I ask unan- agreed to shall not be in order. If a motion SERVICE to proceed to the consideration of the bill is imous consent that the Committee on agreed to, the bill shall remain the unfin- Mr. STEVENS. Mr. President, I Foreign Relations be authorized to ished business of the respective House until would like to announce that the Sub- meet during the session of the Senate disposed of. committee on Post Office and Civil on Wednesday, March 13, 1996, at 2 p.m. (B) DEBATE.—Consideration of the bill, and Service, of the Committee on Govern- The PRESIDING OFFICER. Without on all debatable motions and appeals in con- mental Affairs, will hold a hearing on objection, it is so ordered. nection therewith, shall be limited to not March 18, 1996, on ‘‘USPS Reform— COMMITTEE ON THE JUDICIARY more than 20 hours, which shall be divided Conversations With Customers.’’ Mr. BOND. Mr. President, I ask unan- equally between those favoring and those op- The hearing is scheduled for 2 p.m. in imous consent that the Committee on posing the bill. A motion further to limit debate is in order and not debatable. A motion room 342 of the Dirksen Senate Office the Judiciary be authorized to hold a to postpone, or a motion to proceed to the Building. For further information, business meeting during the session of consideration of other business, or a motion please contact Pat Raymond, staff di- the Senate on Wednesday, March 13, to recommit the bill is not in order. A mo- rector, at 224–2254. 1996 at 10 a.m. S1990 CONGRESSIONAL RECORD — SENATE March 13, 1996 The PRESIDING OFFICER. Without learn interactive methods for using tel- in the New York Times, written by objection, it is so ordered. evision and technology in math and David Shambaugh, titled ‘‘How Far to COMMITTEE ON RULES AND ADMINISTRATION science instruction. Technology is a Support Taiwan?’’ I ask that it be Mr. BOND. Mr. President, I ask unan- vital tool in the future of education, printed in the RECORD. imous consent that the Committee on and this institute will prove valuable The article follow: Rules and Administration be author- to the teachers and students in New [From the New York Times, Mar. 10, 1996] ized to meet during the session of the Hampshire. The more we can use tech- HOW FAR TO SUPPORT TAIWAN? Senate on Wednesday, March 13, 1996, nology in the classroom and the more (By David Shambaugh) at 9:30 a.m., to hold a hearing on cam- we can teach our students how to effec- By firing ballistic missiles within Taiwan’s paign finance reform. tively use the information highway, territorial waters, China is sending political The PRESIDING OFFICER. Without the brighter and wiser our students and military messages to both the United objection, it is so ordered. will be. States and Taiwan. Unless the Clinton Ad- ministration delivers a demonstrably tough SELECT COMMITTEE ON INTELLIGENCE The National Teacher Training Insti- tute was launched in 1990 and has ex- response—both diplomatically and mili- Mr. BOND. Mr. President, I ask unan- tarily—the exercises could escalate dan- imous consent that the Select Commit- panded rapidly from 10 sites in 1991 to 26 for the 1995–96 school year. Teachers gerously and Beijing will be convinced it can tee on Intelligence be authorized to act with impunity. meet during the session of the Senate attend 2 days of workshops in the The military exercises are but the latest in on Wednesday, March 13, 1996 at 1 p.m. interactive use of instructional video, a long list of irritants, including Beijing’s SH–219 to hold a closed hearing on in- on-line telecommunications networks, human rights violations and its sale of inter- telligence matters. and other new technologies. Approxi- national arms. The Clinton Administration mately 100 teachers from every grade has bent over backwards to engage China The PRESIDING OFFICER. Without constructively and help it integrate into the objection, it is so ordered. level will attend the institute. Accord- ing to a Columbia University study, 94 world order. SELECT COMMITTEE ON INTELLIGENCE But Beijing’s crude tactics are provocative percent of the teachers that attend Mr. BOND. Mr. President, I ask unan- and irresponsible for a country seeking pass along the information they ac- international recognition as a great power. imous consent that the Select Commit- quire to their colleagues. Teachers tee on Intelligence be authorized to They also potentially force the United teaching teachers is a crucial facet in States into choosing between its relationship meet during the session of the Senate the educational community and is with China and its longstanding ties with on Wednesday, March 13, 1996 at 9:30 proudly supported at the Institute. Taiwan. America understandably does not a.m. to hold an open hearing on intel- The instruction provided by the Na- want war with the largest nation on earth, ligence matters. tional Teacher Training Institute is but it is time to lay down markers and pro- The PRESIDING OFFICER. Without outstanding. Even more notable is the tect American national interests. objection, it is so ordered. Washington should begin by sending clear fact that so much of what is taught is and unambiguous warnings to Beijing about SUBCOMMITTEE ON INVESTIGATIONS passed on to other teachers who were its coercive behavior toward Taiwan. The Mr. BOND. Mr. President, I ask unan- not able to attend. I am proud that the Administration’s condemnation of the mis- imous consent that the Permanent Public Television Knowledge Network sile tests does not go far enough. President Subcommittee on Investigations of the has organized such a valuable edu- Clinton should publicly restate America’s Committee on Governmental Affairs, cational program, and am also pleased commitment under the Taiwan Relations be authorized to meet during the ses- to see so many New Hampshire teach- Act to assist the island in defending itself. sion of the Senate on Wednesday, ers taking advantage of these impor- He should reiterate that America’s entire re- March 13, 1996 to hold hearings on the lationship with China—since President Rich- tant workshops. As a former teacher, I ard Nixon’s visit in 1972—has been premised Global Proliferation of Weapons of congratulate the participating edu- on the peaceful resolution of the Taiwan Mass Destruction, part II. cators for their active role in further- issue. President Clinton must clearly state The PRESIDING OFFICER. Without ing the opportunities for New Hamp- that China’s recent actions call the entire objection, it is so ordered. shire students. Helping students to un- relationship into question. SUBCOMMITTEE ON PERSONNEL derstand math and science through Words are important, but China respects Mr. BOND. Mr. President, I ask unan- technology provides them with the power and action. The United States Navy should dispatch the carrier Independence imous consent that the subcommittee tools to be very successful in the fu- (which has been cruising north of Taiwan) on personnel of the Committee on ture. through the Taiwan Strait—an international Armed Services be authorized to meet I commend New Hampshire Public passage through which Navy ships pass regu- at 10 a.m. on Wednesday, March 13, in Television and our distinguished teach- larly to insure freedom of navigation. open session, to receive testimony reers for their outstanding contribution China’s decision to fire missiles into the garding the manpower, personnel, and to our educational system in New two ‘‘impact zones’’ within 20 miles of Tai- compensation programs of the Depart- Hampshire and the Nation.∑ wan’s two largest ports, Keelung and Kaohsiung, constitutes a de facto blockade. ment of Defense in review of the Na- f Seventy percent of the island’s trade and all tional Defense authorization request HOW FAR TO SUPPORT TAIWAN? of its oil imports pass through these ports. for fiscal year 1997. Such a partial blockade may be an act of war The PRESIDING OFFICER. Without ∑ Mr. SIMON. Mr. President, there are under international law and thus a matter objection, it is so ordered. times when diplomacy should leave for the United Nations Security Council. f messages unclear. China must not be allowed to close Taiwan’s But today the message to China harbors, as it will bring the island’s economy ADDITIONAL STATEMENTS ought to be crystal clear: If they in- to its knees. vade or have missile attacks on Tai- The missiles are just the beginning. Lead- wan, the United States will intervene ing up to Taiwan’s first-ever free presi- COMMENDING THE TEACHERS AND militarily. We do not need to spell out dential election, on March 23, China will conduct the largest military maneuvers in its ORGANIZERS OF THE NEW how we intervene. My own feeling is HAMPSHIRE PUBLIC TELEVISION history. More than 150,000 troops have been that it can include weapons to Taiwan, mobilized. The exercises will involve mock KNOWLEDGE NETWORK’S NA- the use of air power, and other options TIONAL TEACHER TRAINING IN- bombing runs, simulated naval blockades that can be effective but do not involve and amphibious assaults on islands north of STITUTE United States troops. Taiwan. ∑ Mr. SMITH. Mr. President, I would I welcome the steps that have been The exercises may be an attempt to pro- like to commend New Hampshire’s taken, but I don’t want any Chinese voke a military response from Taiwan, which Public Television ‘‘Knowledge Net- leader, during this period of leadership Beijing could then use as a pretext for ‘‘re- work’’ for organizing the April Na- uncertainty, to gamble on what will taliation.’’ Clearly the exercises are intended to intimidate the Taiwanese electorate and tional Teacher Training Institute for take place. to quell the rising sentiment for autonomy Math, Science and Technology in An article that I call to the attention and independence. Waterville, NH. Granite State teachers of my colleagues appeared recently and Most China analysts are confident that the participating in the April Institute will merits careful reflection. It appeared exercises will cease soon after the elections. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1991 Taiwanese diplomats are already putting out Courage. Bravery. Selflessness. These day, helping put up and take down chairs at the word that Taiwan’s President, Lee Teng- are the things of which heroes like SPC meetings, supporting his town, school and hui, who is almost certain to be re-elected, Michael Fitzmaurice are made. I would church and just being a friend and neighbor. will call for a truce and seek to establish di- like to extend my deepest gratitude for If the media didn’t bring it up, you would rect trade, shipping and air services. never know. Maybe that is what a real hero But for China the essence of the problem is the example set by Michael and the is . . . doing what must be done and then Taiwan’s quest for international recognition. thousands of brave men and women just going on.∑ It is likely to continue its military harass- who similarly have fought or even died f ment until Taipei officially abandons its asso that others might experience free- pirations for statehood. But Mr. Lee is un- dom. Time and again, people like Mi- likely to do so, giving the United States a INDICTING CHINA’S TERRORISM chael Fitzmaurice demonstrate to us stark choice between supporting the forces ∑ Mr. SIMON. Mr. President, A.M. of freedom and self-determination on the is- the interminable vigor of the human Rosenthal has a thoughtful column on land or those of suppression and belligerence spirit. Mr. President, I ask that arti- the situation regarding China in the on the mainland. cles which recently appeared in the New York Times, and I ask that it be This is a choice America needs to avoid. By Sioux Falls Argus Leader and the Hart- printed in the RECORD. standing firm against Beijing and counseling ford Area News, be printed in the Taipei to be cautious, America may be able I am not as certain as he is that the RECORD. to bring both sides to the negotiating table. case should be brought to the United The articles follow: Given China’s current hypernationalistic Nations because I’m not sure what the atmosphere and the struggle to succeed Deng HARTFORD MAN TO BE HONORED FOR HEROISM other countries would do. But at the Xiaoping, it is doubtful that it will show re- PIERRE.—Michael John Fitzmaurice of very least, that possibility should be straint on Taiwan if left unchecked. It is up Hartford will receive a unique honor later to the United States, with the support of its this year for heroism while serving in Viet- explored. Asian and European partners, to deter Chi- nam 25 years ago. A firmness is needed in this present na’s aggression. The alternative is escalating Legislation providing the Hartford man situation. The Rosenthal column, tension and possibly war over Taiwan.∑ with the state’s only set of Congressional among other things, cites a sentence f Medal of Honor license plates is nearing the from the recent State Department end of its Statehouse journey. human rights report: ‘‘The experience TRIBUTE TO SP4C MICHAEL The bill was approved 66–1 Tuesday in the of China in the past few years dem- House; it had cleared the Senate earlier but FITZMAURICE—VIETNAM VET- onstrates that while economic growth, ERAN FROM SOUTH DAKOTA must be returned there because of changes made by the House. trade and social mobility create an im- ∑ Mr. PRESSLER. Mr. President, I Fitzmaurice received the Medal of Honor proved standard of living they cannot would like to pay tribute today to Mi- for bravery in 1971. When three North Viet- by themselves bring about greater re- chael Fitzmaurice, a South Dakotan namese hand grenades were lobbed into the spect for human rights in the absence and fellow Vietnam veteran who went bunker where Fitzmaurice and four fellow of a willingness by political authorities far beyond the call of duty during his soldiers hid, he pitched two of them out and to abide by the fundamental inter- dropped on the third one. service for our country. Michael is a national norms.’’ native of Cavour, SD, and served as an ‘‘He absorbed the blast, shielded his fellow soldiers,’’ said Rep. Hal Wick, R-Sioux Falls, There are times when the inter- Army specialist [SPC] 4th Class. Mi- ‘‘and although suffering from serious mul- national situation demands clear-cut chael’s singular accomplishment in tiple wounds and partial loss of sight, he policies. This is one of them. Vietnam came when he singlehandedly charged out of the bunker, engaged the The column follows: saved the lives of three of his fellow enemy until his rifle was damaged by the [From the New York Times, Mar. 12, 1996] soldiers. These reminders of his hero- blast of an enemy hand grenade, and then ism couldn’t be more appropriately while in search of another weapon, encoun- INDICTING CHINA’S TERRORISM—BRING THE CASE TO THE UNITED NATIONS timed given the presence of our brave tered an enemy in hand-to-hand combat.’’ troops currently stationed in and (By A.M. Rosenthal] around Bosnia. Recently, the Sioux MEDAL OF HONOR HERO By firing missiles into the waters off Tai- Falls Argus Leader and the Hartford (By Pat Smith) wan, Communist China is committing open, deliberate international terrorism of enor- Area News published articles about Mi- Michael Fitzmaurice is South Dakota’s only resident Congressional Medal of Honor mous danger. chael. Americans count on Beijing’s survival in- Leaping onto a grenade and saving Hero. He lives quietly on Second Street and you will find him at church on Sunday, per- stincts to stop the terrorism short of the dis- the lives of three soldiers; tossing two haps a basketball or volleyball game on Fri- aster of war with the U.S. That may hap- live grenades back at the enemy; day. He helps with softball, Jamboree Days, pen—this time. charging North Vietnamese troops— kids games, the parade (of which he was mar- But every day that Washington fails to weaponless in the midst of combat— shal this year) and many other activities in bring the missile blackmail and blockade of these are all accounts of SPC Michael our town. A quiet man with a loving spirit. Taiwan before the U.N. increases the chances Fitzmaurice’s courage during battle. Overwhelmed by the fact that he received it will happen again, or something worse, Michael’s actions fill me with a sense the Medal of Honor and will tell you that he until the disaster does take place. The Communists’ rage and fear at the ex- of respect and pride. Americans can was just in the wrong place at the wrong time . . . but he was doing the right thing. ample of Taiwan’s democracy off their shores rest easy knowing men and women This quiet man will be honored by the will not let them rest unless the Taiwanese such as Specialist Fitzmaurice defend South Dakota Legislature with a distinctive give it up. the values for which our country license plate. Senate Bill #98 has passed the That is not likely. If any pro-democracy stands. I commend Specialist Senate and House and will be sent for the majority is elected in the March 20 voting, Fitzmaurice’s example of commitment governor’s signature this week. before long there will be another round of and bravery. He is truly a worthy re- Michael received his Congressional Medal terrorism. cipient of the prestigious Congres- of Honor the same day as Leo Thorsness at That may include some Chinese military sional Medal of Honor for bravery. the White House from then president, Rich- landings on Taiwan. U.S. vessels will have to Mr. President, part of what makes a ard Nixon in 1973. He received it for saving move in to live up to American word and leg- the lives of his comrades during a battle in islation that the Taiwan-China relationship soldier fight to the finish lies in the Vietnam. He threw two enemy hands gre- will not be changed by force. sense of dignity and respect for human- nades up in the air and fell on the remaining So far, the U.S. has had to act alone. The ity our parents and communities instill one to save their lives. The results were eye Japanese do not have the political courage within us. Having grown up not far damage, shrapnel wounds and broken ear to make any strong public protest against from Specialist Fitzmaurice, I can drums, but saved lives. the terrorism. I have not heard our European vouch for the family-oriented atmos- This is a story like something you might allies warn the Chinese that if it comes to it, phere in which we were raised. The see on television. A real life hero living in a they will immediately line up with the U.S. Golden Rule was not just an adage, but small town, going about his life, volunteer- U.S. failure to bring the Chinese before the ing to serve his country, saving lives, then U.N. will destroy a basic purpose of the U.N. words by which we were taught to live going back to living his life in a small town The U.N. was not created simply to end wars by each and every day. Michael’s he- again. And the reason this is such a great but to stop them before they begin. Article roic actions were premised by years of story is, although Michael Fitzmaurice is a 34 of its charter authorizes the Security being taught respect for one’s country, Congressional Medal of Honor hero, he puts Council to take up any matter that might community, and fellow man. on no airs. He is a hero going to work each lead to ‘‘international friction or dispute.’’ S1992 CONGRESSIONAL RECORD — SENATE March 13, 1996 Any member of the U.N.—or the Secretary skews international markets, it dis- barriers to trade. Rather than softening the General—can bring a threat to the peace be- criminates against the honest, and it U.S. law, he said, Washington will now press fore the Council. China’s veto power cannot taints the overall image of a company. other nations to deal more honestly. be used to prevent putting a threat to peace No one benefits in the long-term from Fat chance, you may say. And of course on the Council agenda. corruption will never be entirely uncoupled Separately, the U.S. and any country that contracts based on bribery. from international business, any more than considers itself a friend both of peace and U.S. business is prohibited from en- the influence of money can be entirely America can condemn Chinese terrorism. To- gaging in bribery under the Foreign leached out of politics. gether they can present a resolution speak- Corrupt Practices Act [FCPA]. I am But in two areas a full-court press would ing for the U.N. proud of this law, and believe that it not be entirely quixotic. The first is to press China will veto that. But if Beijing is so promotes good business. But, in a per- other developed countries to play more by out of control as to threaten more terrorism verse irony, our businesses are dis- our rules. The Organization of Economic Co- in the face of a U.N. condemnation prevented advantaged in the international mar- operation and Development, which includes only by a veto, we should know it as soon as the nations of western Europe, North Amer- possible. ketplace because they can’t pay bribes. ica and Japan, is moving toward adoption of Meantime, President Clinton should con- Some have suggested repealing the a policy barring tax-deductibility of overseas sider one sentence that tells how his Admin- FCPA, which is very short-sighted. bribes. That policy should be encouraged as istration got to this point. Rather, a more constructive alter- a bare minimum, with criminalization of ‘‘The experience of China in the past few native is to work for international ac- bribery to follow. years demonstrates that while economic ceptance of the principles of the FCPA. The second goal is to persuade developing growth, trade and social mobility create an countries to adopt fair rules for government improved standard of living they cannot by In light of the corruption scandals that have rocked Taiwan, France, and procurement contracts in telecommuni- themselves bring about greater respect for cations, energy and other, dollar-rich sec- human rights in the absence of a willingness NATO, to name a few, there are serious tors. The more open such processes are, the by political authorities to abide by the fun- moves afoot on the national level as less opportunity is provided for bribery. damental international norms.’’ well as among the grassroots to do so. Such a campaign would be as much in the The sentence in itself is not remarkable. It This is a sensitive topic because it in- interest of the developing countries them- sums up the message of human rights vic- volves moral, financial, and intellec- selves as it would benefit U.S. firms. Wide- tims around the world: strengthening our op- tual concerns with, in many cases, our spread corruption usually enriches a small pressors empowers them to torture us fur- friends. But that sensitivity cannot elite while discouraging foreign investment ther. But it comes from the latest report on and impoverishing the economy as a whole. human rights of the State Department. It deter us from addressing the subject se- Even many of our competitors would wel- took courage by those officials who wrote or riously. U.S. businesses cannot afford come a clearer set of rules, if they knew ev- agreed to it. their Government avoiding the issue. eryone was playing by the same ones. Since 1993, the Administration has based For these reasons, I am very pleased Clinton administration officials have its China policy on a contrary vision of mo- that the U.S. Trade Representative, raised these issues before. This time they rality and history. It insisted that economic Mickey Kantor, has made the counter- should maintain the pressure. Pushing for growth in China would create a willingness ing of bribery and corruption a high honest trade is not an unfair trade practice.∑ by the dictatorship to live up to those ‘‘fun- f damental international norms.’’ Beijing priority in U.S. trade policy. Last week would give Chinese more human rights. It he gave an encouraging speech which TRIBUTE TO STU CARMICHAEL ON would stick to agreements against selling identified bribery as the triple obstacle HIS RETIREMENT nuclear weapon technology. It would allow that it is: a barrier to U.S. exports; a the people of territories it claims as its own, burden to developed countries seeking ∑ Mr. SMITH. Mr. President, I rise such as Tibet and Taiwan, to live in peace to do business; and an obstacle to the today to honor a dear friend and faith- and dignity. establishment of sound governments in ful staffer in my Portsmouth Congres- China’s economy certainly has grown, sional office —Stu Carmichael. Stu has stimulated nicely by $40 billion more that it developing nations. The full remarks of Ambassador worked for me since I first entered pol- sells to America than it buys from America. itics in 1980, over 16 years ago. He is re- So: Torture and political repression have Kantor are unfortunately too extensive tiring next week and we will all miss increased. And so have oppression of reli- to include in the RECORD, so alter- gion, and forced abortion. The choke-leash natively, I ask to have printed in the him dearly. Stu Carmichael joined the Air Force around Tibet tightens. The chief economic RECORD an editorial which appeared in beneficiary of the trade that led to economic Sunday’s Washington Post applauding in 1950 upon graduation from East growth has been the Communist army, which Ambassador Kantor’s initiative, and Providence High School in Rhode Is- owns vast parts of the economy, including land, and served for 4 years as a radio the forced-labor camps. encouraging the administration to maintain the pressure. operator in the Korean war. Occasion- The new, richer China has sold nuclear ally, he still proudly wears his flight technology to Pakistan and has become the The editorial follows: jacket into the office and asks the staff missile salesman to the world’s dictator- [From the Washington Post, Mar. 10, 1996] ships. to take note of a special shiny pen in TRADING ON BRIBES President Clinton promised to struggle for the left sleeve. He quickly yanks at human rights in China. He did not. Ever since 1977, when the United States this writing utensil and proceeds to Now his China policy lies adrift in the barred U.S. corporations from paying bribes show everyone how it was made to Strait of Taiwan. He owes us a new one. Its overseas, U.S. executives have complained write upside down. ‘‘Something every moral principle and historic reality were that enforced honesty was costing them business. European and Asian competitors astronaut cannot live without’’ he al- written for him by the meaning of that sen- ways notes. tence in the State Department report: en- were beating them out all over the world— richment of dictators enchains their vic- and then going home and deducting the We all know Stu for his delightful tims.∑ bribes from their taxes. sense of humor and his wit. He im- f How much of this lost business was real, presses everyone he meets with a new and how much involved sour grapes, has anecdote or joke that usually leaves ADMINISTRATION EFFORTS TO never been clear. Some studies have shown his friends laughing long after he has COMBAT INTERNATIONAL BRIBERY only marginal losses to U.S. business. Some gone. Many of my staff can still re- U.S. firms have found ways around the For- ∑ Mr. FEINGOLD. Mr. President, most eign Corrupt Practices Act, as the 1977 law is count some of his original stories and of us believe that a key factor in Amer- called, And many executives agree that the humorous incidents he concocted. We ica’s economic growth will be an in- act has also helped them at times, by giving love him for that. That is Stu’s leg- crease of U.S. exports overseas, and ac- them an excuse not to pay costly bribes that acy—one we will fondly remember for cordingly, we have concentrated our ef- might in any case bring small or no returns. years to come. forts on overcoming obstacles which Still, no one denies that the act can handi- When Stu graduated in 1958 from the U.S. businesses face overseas. One of cap U.S. firms. And with trade now account- University of Rhode Island with a the real problems which has not re- ing for 30 percent of our total economy and bachelor’s degree in business, he quick- a sizable number of domestic jobs, any such ceived enough attention, though, is impediment has to be taken seriously. ly went on to pursue an extensive ca- bribery and corruption. U.S. Trade Representative Mickey Kantor reer in the benefit management busi- Bribery as a way of doing business is this week identified bribery and corruption ness. Several actuarial firms sent him widespread. But it is inefficient: it in overseas business as significant and unfair all over the country and he ended up on March 13, 1996 CONGRESSIONAL RECORD — SENATE S1993 the west coast. In 1980, he returned to SALUTING IDAHO’S NATIONAL saluting those involved. We are very New England and purchased the Kings- CHAMPIONS proud of these fine young men and ton Country Store in Kingston, NH. It ∑ Mr. KEMPTHORNE. Mr. President, I their coaches. I ask to have printed in was there in 1980, that I met Stu and rise to offer my congratulations to the RECORD the names of the players, we began to talk about politics. In fact, Coach Marty Holly and his Albertson coaches and staff of the Albertson Col- it was Stu Carmichael and his good College of Idaho basketball team. lege of Idaho Coyotes, who have friends, Louis and Lois Beaulieu and Last night, the Coyotes won the Na- brought tremendous honor to their other early supporters, who encouraged tional Association of Intercollegiate school and their State. me to run for Congress in 1980. That Athletics Division II men s national The names follow: year, Stu served as my first finance basketball championship. The ’Yotes Nate Miller, a senior from Middleton, manager. As our mutual friend, Lois beat Whitworth College in a thrilling ID, Todd Williams, a senior from Pasa- Beaulieu, remembers, ‘‘Stu was a overtime game, 81–72. dena, CA, Steve Kramer, a senior from motivator, hard worker and loyal to Albertson College of Idaho was found- Santa Rosa, CA, Jimmy Kolyszko, a Senator SMITH. He has been with BOB ed in Caldwell in 1891 as the College of senior from Scottsdale, AZ, Taylor SMITH through the worst and the best. Idaho and is the State’s oldest 4-year Ebright, a junior from Boise, ID, Taran Our motto during that first campaign institution of higher learning. Six hun- Hay, a sophomore from Boise, Rob was ‘Fake it until we make it’ and with dred students attend the private liberal Smith, a freshman from Boise, David many thanks to Stu, our loyal grass- arts college. The school has been recog- Baker, a sophomore from Blackfoot, roots people and the Good Lord, we nized by U.S. News and World Report ID, Damon Archibald, a senior from made it.’’ as one of the best small colleges in the Tempe, AZ, Rob Sheirbon, a sophomore In 1985, after I was elected on my country. from Woodburn, OR, Greg Blacker, a third attempt, Stu joined my congres- Mr. President, this victory is more junior from Caldwell, ID, Jared sional staff and has served me in a va- than the school’s first national title. It Klaassen, a senior from Coeur d’Alene, riety of capacities both when I was a is a testament to the outstanding tal- ID, Head Coach Marty Holly, Assistant Congressman and now as a Senator. ents of head coach and athletic direc- Coaches Mark Owen and George Scott, Over the years, Stu has also unself- tor Marty Holly. In his 15 years as Trainer Linda Gibbens, Sports Infor- ishly served the people of New Hamp- coach at Albertson College, Marty mation Director Dave Hahn, and Al- shire by helping countless veterans Holly has compiled a record of 345 wins bertson College President Robert with their benefits and working on a and only 113 losses, for a winning per- Hendren, Jr.∑ variety of other cases for constituents centage of 75 percent. For all his suc- f who need assistance cutting through cess, this year may have been his best. SAVING BURUNDI Government bureacracy. He also was Everyone expected the ’Yotes to be instrumental in establishing a veterans good this year. They were highly Mr. SIMON. Mr. President, two items cemetery in Boscawen, NH. ranked in the polls all season. Expecta- I have read on Burundi recently sug- I am truly indebted to such a hard tions were high. And as my colleagues gest that continued interest and sup- working and admirable friend. Stu know, when expectations are high, the port for peacemaking endeavors and helped me with my start in politics, pressure to meet those expectations is positive solutions really can be of help. and stayed with me all these years great. So Marty and his team were The one is an article in the New York until his retirement. Every Senator under a tremendous amount of pressure Times by two distinguished Americans, wishes for commitment like this and I to win it all. Despite that pressure, Al- former Secretary of State Cyrus Vance am sorry to see him go. bertson College turned out its best sea- and David Hamburg, who heads the The Granite State will feel a void son in school history. They finished 31– Carnegie Foundation. They co-chair with Stu’s absence. New Hampshire’s 3, the best winning percentage in the Carnegie Commission on Prevent- loss is South Carolina’s gain. In fact, if school history. They won a record 12 ing Deadly Conflict. The other article, written by Jona- Stu wanted to start another career, he games in a row. All this while main- than Frerichs, appeared in the Chris- could always work for STROM THUR- taining their high standards in the tian Century. MOND for another 20 years. classroom. Both articles, which I ask be printed Our Portsmouth, NH, staff, his other Last night’s game was a classic. Al- in the RECORD, suggest that anarchy fellow coworkers, and the citizens of bertson trailed by 3 at halftime before and needless death can be avoided if we New Hampshire whom Stu has helped tournament Most Valuable Player pay attention to this troubled land. will miss this character we have come Damon Archibald got hot. He scored 23 I urge my colleagues and their staffs to love. My sincere appreciation to you of his game-high 29 points after inter- Stu, for all the years of friendship and to read these two articles. mission, including 15 in an 8-minute The articles follow: for your service to the people of New stretch in the second half. AVOIDING ANARCHY IN BURUNDI Hampshire, especially your fellow vet- Still, to their credit, Whitworth erans. fought back and forced the game to (By Cyrus R. Vance and David A. Hamburg) As a dedicated father, husband and overtime. There, the Coyotes took over WASHINGTON.—A world grown accustomed grandfather, Stu Carmichael will now to human disaster in the face of diplomatic and seized the victory. After the game failure has more to hope for in the coming have plenty of time to spend with his Coach Holly said every player ‘‘stepped days. Next Saturday, a meeting of African family and grandchildren. He and his it up.’’ They did indeed. leaders in Tunis, brokered by former Presi- wonderful wife, Priscilla, have care- Jimmy Kolyszko and Jared Klassen dent Jimmy Carter, will test the proposition fully built a special new home in Pick- joined Archibald on the all-tournament that breaking the cycle of mass violence in ens, SC and plan to enjoy their retire- team, and each did step it up in the Central Africa may at last be possible. They ment there. As an avid golfer, Stu will title game. Kolyszko pulled down 19 need the international community’s help. undoubtedly be a consant sight on the rebounds, and Klassen scored 20 points Burundi is pivotal. The right mix of political pressures can sustain the balance of golf courses he has yet to discover in and grabbed 12 rebounds. power in a country on the brink of repeating South Carolina. Mr. President, Idaho should be proud the slaughter that tore apart Rwanda. Main- And Stu, remember, ‘‘Golf is a love of the student-athletes at Albertson taining that balance could spare thousands affair; if you don’t take it seriously its College and their dedicated coaches, of lives. It would also reduce the risk of the no fun; if you do take it seriously it who have helped bring the community United Nations being forced into another cri- breaks your heart.’’ together in support of the team. In sis without the mandate, materials and May all your putts be swift, stable, fact, all of Canyon County was able to money needed to be effective. and accurate, and may all the greens celebrate this achievement since the Burundi’s government, a coalition of moderate Tutsi and Hutu leaders, is fragile. rise to meet you whether you are in NAIA National Tournament was hosted Tutsi extremists have recently attempted to New Hampshire or in South Carolina. by Northwest Nazarene College in near- close down the capital, Bujumbura, with Stu, you are one of the very best and by Nampa. labor strikes and blockades. Attacks by I wish you every happiness as you em- This championship season was truly Hutu guerrillas in the countryside raise fears brace retirement. ∑ a team effort and I join all Idahoans in of genocide among the Tutsi minority. S1994 CONGRESSIONAL RECORD — SENATE March 13, 1996 But there is some reason for hope. Mod- national ‘‘convention,’’ an agreement on not willing to return home. In contrast, the erate Tutsi and Hutu leaders are committed power-sharing, barely merits being called a bishops and archbishops of Burundi do not to a national debate, open to all political government. sit on permanent councils of state. factions. The goal is to settle the terms of Yet to equate Burundi with Rwanda is in- ‘‘In the last four or five months, there is a power-sharing and guarantees for minority accurate and dangerously self-defeating. In feeling among the Protestant churches that rights before any further elections. Burundi there is still scope for remedial ac- they have to gather people across ethnic To reinforce this process we must be clear tion, for taking steps largely untried in lines to protest and to work together,’’ says not only about the differences between Bu- Rwanda—as certain Burundian Christians Eliane Duthoit-Privat of Christian Aid in rundi and Rwanda but also about who must and aid partners are demonstrating. The bal- Bunumbura. Church programs include hu- take primary responsibility for a peace plan. ance of power, the course of events and the manitarian and peace initiatives. One exam- Rwanda and Burundi are both poor, iso- rule of the churches in Burundi differ signifi- ple is local peace committees of Hutu, Tutsi lated countries. Their colonizers’ divide-and- cantly from those in Rwanda. and Twa (who constitute about 1 percent of rule policies left seemingly insoluble conflict There is no ‘‘final solution’’ underway in the population). Citizens gather to air griev- between the agrarian Hutu, who make up Burundi, as there was in Rwanda. Because ances, clarify information and address the about 85 percent of each country, and the they are a minority, Burundi’s Tutsi extrem- kill-or-be-killed mentality. ‘‘In these meet- Tutsi, who predominate in business, govern- ists cannot implicate a whole population in ings, participants can say: ‘I don’t have to ment and the military. the perpetration of genocide, as Rwanda’s kill the person in front of me so that he The Belgians left the Tutsi elite in control Hutu majority did in 1994. The 1.5 million won’t kill me,’ ’’ notes Duthoit-Privat. of Burundi, but gave way to the Hutu major- Rwandans still encamped outside their coun- Some of the groups are moving from words ity in Rwanda. Since then demagogues in try today fled not genocide but fear of re- to deeds. Several Tutsi and Hutu families both countries have exploited ethnic fear and prisal for the slaughter they had allowed to may join hands to repair the damage done by pride. happen in their name. In Rwanda the major- raiding militia or soldiers—rebuilding a This spiral of hate climaxed in 1994, when ity Hutus had the arms. In Burundi most of house for a vulnerable neighbor, for example, Hutu and Rwanda shot or hacked to death at the arms are still in the hands of the minor- or a local dispensary. These pioneering ‘‘Dis- least 500,000 people, primarily Tutsi. When ity Tutsis. cussion sur La Paix’’ are led by local Quak- Tutsi exiles from Uganda overthrew the The Tutsi-dominated national army is ers with support from the Mennonite Central Hutu government, more than two million searching for Hutu insurgents and punishing Committee. Other Protestants are consider- Hutu fled to nearby countries, where 1.7 mil- the Hutu majority for allegedly sheltering ing them as a model for standing up to the lion remain. them. Tutsi militia with names like ‘‘The spread of violence. Protestants number In Burundi, the core question is whether Undefeated’’ and ‘‘The Infallibles’’ operate in about 15 percent of the population, and in- the country’s citizens can avoid Rwanda’s the capital, Bujumbura, and in the northern clude Anglicans and Pentecostals (the two tragedy by devising a power-sharing formula provinces. When these extremists have tar- largest non-Catholic groups), varieties of that offers enough security for the Tutsi to geted a community for a ‘‘ville mort’’ (dead Methodists, plus Baptists, Quakers and open the way for majority democratic rule. city) campaign, the army sometimes has Kimbanguists (an indigenous African body). Outsiders can help in several ways. First, stood by without intervening or has even The Roman Catholic Church (84 percent of there must be diplomatic efforts to persuade helped. These campaigns force Hutus out of the population) is also beginning to mobilize extremists in both ethnic groups of the futil- Tutsi areas. for national reconciliation, says Annemarie ity and dreadful consequences of violence. The Hutu guerrillas opposing these tactics Reilly, Burundi program director of Catholic Killings in Bujumbura rose to more than 100 are not well organized, according to aid Relief Services. Drawing on the church’s ex- a week, and anarchy threatens. The United workers in Bujumbura, but they were strong perience in Latin America, it has brought States and European governments should enough to mount an attack on the capital in people of different ethnic and economic impose an arms embargo, block inter- early December. One day members of one backgrounds together for work and worship. national financial transactions by Burundi’s community are killed, next day members of A pilot phase has been completed in three extremist leaders and threaten to halt trade the other. A rough balance of power and fear dioceses and is ready to be expanded across other than humanitarian relief. prevails, a legacy of a century of national the country. Second, African leaders should be given and colonial political practices. As extrem- Some prominent churchpeople are risking help in securing a power-sharing agreement ists within both ethnic groups undermine the their lives for peace. University teacher in Bujumbura and the return of refugees to convention government, the army is forced Adrian Ntabona, who heads the reconcili- both Burundi and Rwanda. In November, Mr. to choose between trying to re-establish ation project, strongly condemned a recent Carter arranged a meeting of the Presidents Tutsi supremacy and maintaining some ver- killing before a student group that included of Burundi, Rwanda, Tanzania, Uganda and sion of the status quo. An incident in Janu- members of the Tutsi militia widely assumed Zaire. It is these talks that resume next ary may indicate a shift in the army’s posi- to be responsible. In Babanza, the northern week. tion. When Tutsi militia declared a ‘‘ville province where foreign church and relief Third, donor governments and the World mort’’ in Bujumbura, hoping to force out the workers have been withdrawn because of the Bank should draw up a ‘‘road map’’ linking Hutu president, the army actually blocked violence, and where some priests have been political progress in Burundi and the other the campaign in some quarters of the city. killed and others made virtual prisoners in countries of Central Africa to the restora- Since then, the militia cannot count on their own compounds, Catholic Bishop tion of development assistance. army support, say aid officials. Two Tutsi Evariste Ngoyagoye works as a one-person For the moment, however, everything de- extremist leaders were actually arrested re- relief agency and keeper of peace. Though re- pends on reaching an agreement to contain cently. Some local observers suggest that cently the archbishop of Gitega was am- the cancer of ethnic conflict. What is learned the army may merely want to improve its bushed and a priest in his party was killed, from this experience can help prevent mass image abroad while deflecting talk of inter- the incident has not stopped the archbishop violence elsewhere. national intervention. However, it may also from traveling in his region. fear that militia politics will end in collec- Churches are providing food and other sup- [From the Christian Century, March 6, 1996] tive suicide. plies to people forced to flee from their Burundi’s government wants to do what is homes. The Burundian Council of Churches CAUSES FOR HOPE—SAVING BURUNDI right for the public at large, but it is not in purchases and distributes seeds, tools, soap (By Jonathan Frerichs) control, according to Susanne Riveles, Africa and non-food items, and the Episcopal If we hear anything at all about Burundi, director of Lutheran World Relief. In con- Church brings food to camps of displaced it is that this small African country is trast, in early 1994 the Rwandan government people. The Evangelical Friends Church, Rwanda in slow motion. There is, indeed, was in control but wanted to do the wrong which formed the peace committees, also justification for seeing Burundi as a catas- thing. That there are moderates at the high- runs mobile health clinics. Christian Aid, a trophe in the making. It has a vicious cycle est levels of Burundi’s government makes it British agency, maintains a stockpile of of intergroup violence, with militias pre- possible to keep humanitarian issues in emergency supplies for 10,000 families. The empting politics and crowds of refugees on focus. agency is the focus for an international, the move. A second cause for hope in Burundi is that interchurch aid coalition called ACT (Action Approximately 800 people are dying there its churches are not swept up in the conflict, by Churches Together). All church programs each month, according to a United Nations as happened in Rwanda. Some church leaders are hobbled by restrictions on movement. In estimate. Like its neighbor, Rwanda, Bu- are increasingly willing to oppose the vio- relatively secure areas, ACT has plans for rundi has a population of about 85 percent lence. But they need support. In Rwanda, agricultural rehabilitation, the rebuilding of Hutu and 15 percent Tutsi. Tutsi militias op- certain religious leaders were linked so houses and small income projects for women. erate with help from Burundi’s army, an closely to the government that, even during We can do much to help Burundi avert dis- army that has usually taken its orders from the genocide, they did not dissociate them- aster. A colossal sin of omission was com- ethnic leaders rather than from the mod- selves from that government. Some even mitted against Rwanda. The cost of prevent- erate civilian government. The actions of went abroad to engage in damage control. ing another disaster in Burundi is negligible Hutu guerrillas puts the majority population When the old regime fell and fled, such peo- compared to the expense of a major emer- at risk of reprisal. The countryside, like the ple fled with it—which eliminated all doubt gency rescue operation. ‘‘Burundi needs our capital, is increasingly balkanized. A fragile about where they had stood. Some are still eyes and ears. It needs a solid, multilateral March 13, 1996 CONGRESSIONAL RECORD — SENATE S1995 outside presence,’’ says Riveles. ‘‘Burundi Sampaio called on the Portuguese peo- on the solidarity and institutional coopera- needs international civilians inside the coun- ple to work for a more cohesive Por- tion of the President of the Republic. try, not foreign troops at the border. tugal, and pledged to do his part to en- I would like to say how honoured I am by the presence today at this inauguration of John Langan, S.J., argued in these pages courage consensus in Portuguese soci- (January 24) for a new rule of intervention Heads of State, Prime Ministers and high that would involve massive and early deploy- ety. Ever aware of Portugal’s past po- representatives of friendly countries. I would ment with a cautious use of force. The UN litical experiences, President Sampaio like to welcome you all warmly and to thank recently discussed positioning a force in underscored that he will respect the you for your distinguished presence at this Zaire for possible Burundi intervention. Mas- wishes of the Portuguese people and to ceremony. sive and early civilian rather than military exercise his constitutional powers with Mr. President of the Assembly of the Re- deployment seems the best prescription for impartiality. public, Ladies and Gentlemen, the coming Burundi. Human rights observers are ur- Mr. President, I commend President years are decisive for Portugal’s future. The country faces the challenge of ensuring im- gently needed, as is strong support for exist- Sampaio’s speech to my colleagues, ing Burundian peace initiatives. portant modernization efforts without caus- Another key area for international observ- and ask that it be printed in the ing political and social breaches which may ers and personnel is the judicial system. RECORD. undermine national cohesion. Riveles suggests that foreign aid and human The speech follows: Our national strategy must encompass the rights workers may be able to ‘‘bring to bear Mr. President of the Assembly of the Re- firmness of Portugal’s participation in the insights on truth-finding and reconciliation public, Heads of State, Prime Ministers and European Union, the achievement of a sus- from the apartheid experience and from the High Representatives of Friendly States and tained effort to modernize the productive Holocaust.’’ Through personal diplomacy, Peoples, Prime Minister, Members of the sections and constant attention to social Anglican Archbishop Desmond Tutu has been Government and High Portuguese Authori- policies. making a similar point. Now head of South ties, His Eminence the Cardinal of Lisbon, I regard Portugal’s future with confidence. Africa’s Truth Commission, he is also active Members of Parliament, Ladies and Gen- We are a quasimillenary country. We are in peace initiatives for the Great Lakes re- tleman: possessed of a culture which, century after gion of Africa. After twenty years of democracy and a century, has maintained its diversity and In Rwanda, extremist media propaganda decade of European integration, Portugal richness. Our language was spread by the was used to support political and militia co- has completed a cycle in her contemporary Portuguese ‘‘to the seven corners of the ercion. In Burundi, such propaganda must be history. The democratic regime has been world’’ and today is spoken by over two hun- stopped—whether by international political consolidated. Accession to the European dred million. pressure or by jamming or other technical Community has proved to be the right choice It was our people’s courage and determina- means. The UN Security Council recently and has provided the country with condition that created the wealth of our history, called on member states to identify and dis- tions for development and structural our culture and our language. It is that cour- mantle any mobile stations operating out- changes which would otherwise have been age that will always give me faith in the fu- side Burundi that broadcast Hutu extremist impossible. ture. Such major conditions for Portugal’s mod- propaganda into the country. I have acquired and developed a profound ernization may seem obvious and even natu- To regard African countries like Burundi knowledge of the Portuguese and this is ral to the new generations coming of age as hopeless or to dismiss its problems as a without any doubt the heritage that I most today. It is good that it should be so. How- case of unsolvable ‘‘ethnic conflict’’ is to value in a political career which began more ever, it required several generations to fight trap ourselves. Rather than debate past holo- than thirty five years ago. for Freedom and Democracy, generations causts, we can calculate how to stop a new I know that the Portuguese people will al- whose courage and determination gave the ways be able to find the energy and means round of death.∑ example to be followed. The 25 of April Revo- required to guarantee Portugal’s future. I f lution, which I would feelingly like to re- also know that this new political cycle goes member here, represents the end of a long hand in hand with the Portuguese people’s PORTUGAL’S NEW PRESIDENT journey during which people paid for their more demanding attitude in their relation- ∑ Mr. PELL. Mr. President, this week- dedication to the cause of democracy with ship with the political system, particularly end, I had the honor of leading a con- their freedom and their lives. with the need for greater transparency and gressional delegation to Lisbon for the Being elected President of the Republic renewed capacity to provide concrete answer represents an incomparable responsibility to the expectations and concerns in people’s inauguration of Portugal’s new presi- and honour in a politician’s life. Cir- day-to-day lives. dent. I was pleased to participate in cumstances have contrived, however, to give The Portuguese know how I conceive the this event marking the passing of the me the added pleasure of receiving the badge presidential function. It is built on a concern torch from Mario Soares to Jorge of office from that outstanding figure of Por- to which I will pay the greatest attention. In Sampaio, which was a strong signal of tuguese democracy; the outgoing President, a world and a time increasingly subject to Portugal’s continued commitment to Mario Soares. massification, to violent desegregating ten- democracy. Dr. Mario Soares is the symbol of the con- sions and to the loss of the collective mem- stant struggle for Freedom and Democracy The delegation’s presence at the in- ory, the values of identify must be rein- both at home and abroad. A struggle which forced. It is necessary to exercise a auguration contributed to continued knew no vacillations or concessions. magistrature that will defend, guarantee and good relations between Portugal and The political cycle which coincidentally strengthen national cohesion. the United States. Portuguese-United closes with the end of his term of office will I feel that there are factors nowadays in States relations remain solid. The new forever be linked to his name. In the last Portugal which are affecting that cohesion. government, headed by Prime Minister decades no-one has marked Portuguese polit- There are unequivocal signs that social in- Antonio Guterres, has demonstrated ical life so persistently and profoundly. equalities are on the increase. The profound his continued commitment to a strong Today, as President of the Republic, I regional asymetries in national development would like to say how deeply grateful our and the phenomena of minorities’ exclusion United States-Portuguese relationship. country is to you, Dr. Mario Soares, for a and marginalization have accumulated and The new agreement on cooperation and lifetime dedicated to seeking the best for increased to worrying levels. There is an in- defense providing for United States ac- Portugal and the Portuguese. creased loss of solidarity between genera- cess to the Lajes Base in the Azores Owing to the many areas in which you left tions. The role of the family, even its articu- and Portuguese-United States coopera- your mark it is difficult to sum up your life lation with the educational system, require tion in the implementation force in in one word. There is one word however, profound thought. Bosnia are also important signs of the which stands out above all others. You are a One of the indications of the loss of na- man of Freedom. It was essential that my strong ties between our two countries. tional cohesion is the growing signs of inse- first gesture as President should be to award curity, increased factors of discord, accumu- President Sampaio delivered a truly you the Grand Collar of the Order of Free- lated inter-regional tensions, intolerance inspirational inaugural speech in which dom, at another ceremony which will take and intransigence that I see with concern to he described a Portugal firmly rooted place today. evolve. in Europe and committed to a foreign Mr. President of the Assembly of the Re- The strengthening of national cohesion re- policy that places a priority on good public. I would like to thank you most feel- quires far-reaching reforms both to achieve relations with Portuguese-speaking ingly for the warm word you addressed to me policies of decentralization and to adjust countries throughout the world. He in your eloquent speech. This is the seat that educational and social policies. Also both to represents the sovereign will of the Por- restore citizens’ trust in the political system paid tribute to his predecessor Mario tuguese people. I know this house well, hav- and to guarantee the effectiveness of the Soares as the symbol of the constant ing survived intense years of parliamentary State’s role. struggle for freedom and democracy activity here, believe me, Mr. President, the The strengthening of national cohesion both at home and abroad. President Assembly of the Republic may always rely signifies that a solution must be found to S1996 CONGRESSIONAL RECORD — SENATE March 13, 1996 strengthen municipal and local institutions defence and security, whose institutional munity: it must guarantee the completion of as well as organized forms of society rep- loyalty was decisive in consolidating the the decolonization process through a free resentation. In the search for that solution democratic regime which emerged after the and democratic referendum supervised by the unity of the State must never be ques- 25 of April revolution. the United Nations in which the Timorese tioned. On becoming, by reason of office, the Su- may, with dignity, exercise their right to However, the strengthening of national co- preme Commander of the Armed Forces I self-determination. To fulfill this objective hesion also means finding an institutionally would like to reiterate my total commit- the competent organs of sovereignty must stable solution of consensus for the problem ment to the success of the peace mission in always seek the ways and means which are of formulating the Continent’s political and Bosnia and Hercegovina, on which the stabil- best suited to the evolution of international administrative decentralization. This prob- ity of Europe at the end of the millennium circumstances. lem has been awaiting a solution for far too partly depends. Portugal must continue to fight for the long. Mr. President of the Assembly of the Re- cause of East Timor in all international fora I would like to welcome the organs of the public, Ladies and Gentlemen, the essence of and to support the efforts of the UN Sec- autonomous Regions and give them my as- Portugal’s destiny is played out in Europe. retary-General in fulfilling his mandate, surance that I will cooperate with them This, today, is an incontrovertible factor of seeking a just and internationally accepted wholeheartedly. The regional autonomies the country’s international position. It is solution for the question of East Timor, with were decisive in transforming the lives of the not moved by apprehensive and defensive the participation of all the interested par- populations of the Azores and Madeira archi- policies but rather counsels firm political ties. pelagos. The model of regional autonomy has policies upheld by the clear determination of National commitment to this issue is, in given proof of its legitimacy and all our ef- our national interests. fact, provided in consonance with an essen- forts must be to ensure its improvement and Both the difficulties of recent years and tial reference value of the Portuguese state’s consolidation. the demands of this new phase of European foreign actions: the defence of peoples free- National cohesion also depends on how we construction require the reinforcement of dom peoples and the defence of human respect our acquired social rights, guaran- suitable internal consensuses which can rights. teeing some level of security for families; withstand the permanent demands of the The President of the Republic has particu- and their expectations for retirement, par- Portuguese strategy for Europe. lar responsibilities with Macao, I believe ticularly for the underprivileged, outcast That strategy can no longer be based on se- that there must be close agreement with the and jeopardized by a process of moderniza- cretiveness and the ‘‘fait accompli’’, factors Government both for the administration of tion which is often pursued with total dis- which undermined previous consensuses. the territory and the framework of our rela- regard for the values of solidarity. Today it will invariably have to depend on, tions with the People’s Republic of China. As President of the Republic I will do all I transparent policy about the options to be The Portuguese policy is very clear: guar- can to encourage the consensuses in Por- made and their requirements. Today it will antee the stability and prosperity of the ter- tuguese society. Only these that can pave have to be based on the enlarged participa- ritory of Macao as well as the protection of the way for a new strategic concentration, tion of the social and political forces and on the rights and interests of its inhabitants, able to meet the demands of national cohe- the citizens’ opinion. Only thus will the Por- never forgetting that Portugal has an sion at a time of accelerated change and ac- tuguese understand that the European Union unalienable responsibility to protect the celerated national mobilization. is a community of sovereign states, from The mandate I received from the Por- rights of all Portuguese citizens in Macao. Mr. President of the Assembly of the Re- tuguese people is very clear. The President which we cannot, therefore, just merely wish public, Ladies and Gentleman, the modern of the Republic must be a guarantor of polit- to reap benefits without having to share re- ical and institutional stability and perform sponsibilities. evolution of societies and political systems The challenges facing the European Union his office in such a way as to ensure institu- implies a new perception of relations beat the turn of the century—the intensifica- tional balances. tween the citizen and the political power. I am, of course, aware that it is my duty to tion of economic integration within a frame- This relation must be based on information respect the democratically expressed wish of work of international cohesion, and the ex- and on the proximity of the political deci- the Portuguese and to see that it is re- pansion of the Union’s borders to embrace sion, implying new forms for citizens’ demo- spected. Just as I will also faithfully respect the new European democracies—present cratic participation and the enlargement of the spheres of competence of the other or- challenges for Portugal. The answer to these their rights. gans of sovereignty. I shall commit myself to challenges lies not in hesitation but in the Unless such new demands are incorporated create the required conditions to ensure that identification of pre-eminent objectives for within the political system it will not be Parliament and the Government carry out the establishment of national consensuses possible to adapt representative democracy their duties and fulfill their mandates. Loy- and for a firm, determined Portuguese for- to the complexity of social relations at the alty and institutional cooperation by con- eign policy. end of the millennium. tributing to political stability will also play A strong, united Europe will be a Europe The tendency in modern societies is to de- a decisive role in allowing the Portuguese to which is open to the outside world, ready to velop a culture of civic intervention and of see themselves mirrored in the institutions guarantee a framework of regional stability. salutary intransigence when protecting the of the Republic. This condition is important for the continu- citizen’s legitimate rights in relation to the The Government led by Mr. Anto´ nio ance of the transatlantic community, name- state. Guterras, which emerged from elections ly the alliance between the United States The pressure on the Portuguese political which gave it the unequivocal vote of the and Europe. The North Atlantic Treaty Or- system is already great, due to the fact that Portuguese people, can naturally rely on my ganization continues to be the cornerstone of a persistent centralizing policy has post- institutional cooperation. our security, although present cir- poned the natural development of institu- I will exercise my constitutional powers cumstances demand the emphatic develop- tional reforms to decentralize power. with impartiality. It is incumbent upon me ment of the European pillar as sign of the Guaranteeing the stability of democracy to work with all majorities and all legiti- European allies’ real capacity to assume signifies a constant commitment to defend mate governments. added responsibilities in collective defence. the prestige of the representative institu- The principle of institutional cooperation Naturally, the relations with Portuguese- tions and the citizens’ political participa- cannot be synonymous with unanimity. Nor- speaking countries have a special position in tion. I have and assume the obligation to en- mal functioning of the political institutions our foreign policy. Those relations represent courage a culture of democratic demand. But demands that all of us: President, Assembly a link with our own extensive history which I also believe that it is essential to ensure and Government, must exercise their powers is shared with the peoples of Angola, Brazil, respect for the rule of law and the defence of with rigour, and respect the manifestation of Cape Verde, Guinea. Mozambique, Sao Tome the prestige of the institutions which define reciprocal competences. and Principe and of course with the people of and apply such rule of law, as a means to I will remain constant to the form of my East Timor. The language, the rich variety guarantee the trust citizens place in the in- institutional cooperation with the govern- of cultures expressed in that same language, stitutions of the Republic. The respect for ment. I will also be firm in the exercise of history and the effective solidarity between the state of law is a fundamental basis of the the powers vested in me by the Constitution. the peoples of these seven states and of the democratic regime. On this there can be no With the Assembly of the Republic, the territory of East Timor make it necessary to compromise. centre ‘‘par excellence’’ of national demo- form a Community of Portuguese-Speaking As President I will be close to the people. cratic life, I will uphold a relationship of re- States and Peoples. I shall dedicate great at- This intention will be the mark of my term spect and solidarity and will maintain a con- tention to this project. of office. I will listen carefully to the Por- stant dialogue with all parties. The opposi- Unfortunately, East Timor will not be able tuguese. To all Portuguese. I will be particu- tion will have in me an attentive observer, to take part in this project as a free and self larly attentive, however, to those who are responsive to the protection of its important determined State. excluded from the system and policies and constitutional rights as a means of preserv- Portugal has an unalienable historical re- who, because of the way in which the mod- ing conditions in which the democratic al- sponsibility towards East Timor and the ernization process in this country has oc- ternatives can freely be chosen. Timorese community. As the territory’s ad- curred, have been relegated to the statute of I would like here to greet the Portuguese ministrating power Portugal has a clear po- expendability. There are no expendable Por- Armed Forces, the guarantor of national litical duty vis-a-vis the international com- tuguese. The very idea is intolerable. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1997 I will pay particular attention to the prob- towards and curiosity for all that was dif- work, and I am particularly troubled lems of Portuguese families. I am aware of ferent, in a way, which is peculiar to us, of by some horror stories I have heard the multiple issues affecting them and can- affection and human closeness. where elderly tenants have been har- not fail here to express my concern with all It is a lesson for our times. Now, more than assed and frightened by young tenants forms of family violence—in which women ever, they must assume such values. That is and children are the principal victims. With- precisely why this is the unique contribution with significant drug abuse problems. in the competencies of my office I will sup- we can give to the construction of a Europe This provision would provide PHA’s port all efforts which contribute to finding of solidarity and citizenship, to the edifi- with clear authority to establish ways for parents to invest increasingly in cation of a World of peace and liberty. elderly- and disabled-only housing. their children’s education as well as to con- When I stood for office I stated unequivo- Moreover, S. 1494 would extend a ciliate mothers’ and fathers’ careers with cally: there are no presidential majorities. I number of other key housing programs family life, for I am fully aware of the grow- will be President of all the Portuguese. Of which need affirmative legislation to ing importance of affectivity in the con- all, without exception. operate: permit the renewal of expiring struction of our individual lives. Long live Portugal.∑ Solidarity must be a fundamental value of section 8 moderate rehabilitation con- f Portuguese society. It must be present dur- tracts; permit CDBG homeownership ing the formulation of the policies of mod- S. 1494, HOUSING OPPORTUNITY assistance; extend the Home Equity ernization, employment and the reform of PROGRAM EXTENSION ACT OF 1995 Conversion Mortgage [HECM] Program; social security. It is the only way to modern- extend the FHA multifamily mortgage ize the country whilst maintaining national ∑ Mr. BOND. Mr. President, I applaud risk-sharing programs; and reauthorize cohesion and the sense of sharing a collec- the Senate for passing S. 1494, the the National Cities in School Program tive future. The most worrying expression of Housing Opportunity Program Exten- the loss of solidarity is the evolution in re- and the National Community Develop- sion Act of 1995. I also want to thank ment initiative. cent years of increasing signs of political, so- my cosponsors, including Senators cial and even religious intolerance. This bill also would establish a new Portugal, which is a cohesive country with D’AMATO, MACK, and SARBANES. This loan guarantee program for rural mul- no ethnic, regional, linguistic or religious is- legislation provides critical authority tifamily housing which terminates sues, must know how to preserve this unique for a number of community develop- after 1 year and is supported by a $1- asset without which (as we have seen in ment and affordable housing programs million credit subsidy under the Agri- many countries) everything would be at and activities which are strongly sup- culture fiscal year 1996 appropriation peril: civic peace, progress, solidarity, pres- ported by the American public. This bill, as enacted. This program is needed tige and our position before the world. The bill also is an important step in re- Portuguese are well aware of this fact. in rural areas where there is a critical A strong patriotism conspicuously based forming HUD’s housing and community need to develop affordable low-income on democratic values, culturally enlightened development programs, and is consist- rental housing. and civically assumed, is the best protection ent with a number of significant re- Finally, the legislation would estab- we have against aggressive nationalism, xen- forms which were initiated in the VA/ lish a new Habitat for Humanity initia- ophobia and racism and is also the most effi- HUD fiscal year 1996 appropriations tive. Habitat for Humanity is one of cient reply to insecurity and fear of the fu- bill, which was vetoed by the Presi- the best models in this country for the ture. dent. I would like here and now to express with development of affordable low-income great fervour how proud I am to be Por- Most importantly, this legislation housing through sweat equity. Since tuguese and to declare my love for Portugal adopts the reformed low-income hous- 1976, Habitat has constructed over which I want to serve with all my capabili- ing preservation program which was 40,000 homes worldwide, in every U.S. ties, honouring the mandate I have received contained in the VA/HUD fiscal year State and in 45 other countries. As a from the Portuguese. 1996 appropriations bill vetoed by the consequence, some 250,000 people are Our culture, which is both rich and varied President. There are approximately living in decent, safe, and affordable in its popular and erudite forms and so 75,000 to 100,000 low-income units in the strong in its characteristic traits, is the housing. manifestation of a great People (accessible preservation pipeline that are eligible Mr. President, this legislation is bi- to others, to the universe, to all that is new, for prepayment but also remain eligi- partisan, simple, straightforward and to the unknown) and of a nation that for five ble candidates for preservation fund- necessary. I look forward to this meas- centuries united the human species and ing. These units have been in the pres- ure becoming law.∑ globalized communication; a nation which, ervation processing pipeline for some ∑ Mr. KERRY. Mr. President, I am although small, was able to travel to the time, often years, and include a mix be- pleased to rise in support of S. 1494, the ends of the seas and the Earth, where it left tween equity take-out deals for owners Housing Opportunity Program Exten- its marks, the greatest of which is the lan- which are financed through long-term sion Act of 1996. Mr. President, this bill guage and the memories which endure, and of which we constantly receive grateful section 8 assistance, and the financing is important to the country and par- signs. of purchases by tenant groups and non- ticularly important to the Common- Today I would like to encourage the Por- profits. This reform would replace the wealth of Massachusetts. I thank the tuguese—and particularly the young Por- existing preservation program, with its other Members of the Senate for their tuguese—to study and become acquainted long-term dependence on expensive support of this legislation. with our history, our culture, our heritage, project-based section 8 assistance, with S. 1494 extends several housing au- both natural and created, our geography, the a capital loan—or capital grant in the thorizations that expired at the end of roots and foundations of our identity. We case of purchasers, that ensures low-in- the last fiscal year. Among these are must provide our new generations with an exigent education which will prepare them come use at the minimum cost to the the Community Development Block to face the challenges of the open market. Federal Government. Grant direct homeownership assistance But we must also provide them with pros- S. 1494 also would provide clear stat- provisions which have proven useful to pects for the future, with opportunities, with utory guidance to empower PHA’s and the city of Boston and other commu- the capacity to look hopefully to the start of assisted property owners with the tools nities in my home State, and the Fed- their professional and family life. Without to screen out and evict from public and eral Housing Administration’s multi- all this it will be difficult to solve many of assisted housing persons who illegally family risk-sharing program in which the problems which affect young people in use drugs or whose abuse of alcohol is the Massachusetts State Housing Fi- Portugal today. It is by strengthening our identity that we a risk to other tenants. I cannot em- nance Agency is an important partici- can procure the energy and the trust to set phasize enough the need to take re- pant. The bill also extends the Home off boldly on the adventure of the future, sponsible and meaningful action to pre- Equity Conversion Mortgage Program, fearless and with audacity, in the firm conserve our low-income housing from that provides elderly homeowners with viction that we were great whenever we put criminal and destructive activities. the ability to use the equity in their aside the small-minded, petty issues which In addition, this legislation addresses home without having to sell the house. divide and diminish us. We performed great the problem of mixed housing where This bill also extends the section 515 feats and took our place as a People and a Nation whenever we were able to unite and the elderly and the disabled, including rural rental housing program and two concentrate on the essentials, opening up to persons with drug and alcohol disabil- important set-asides within the pro- modernity, to the values of freedom and uni- ities, are warehoused in the same pub- gram—a set-aside for nonprofit devel- versalism, practising a culture of tolerance lic housing projects. This does not opers and a set-aside for underserved S1998 CONGRESSIONAL RECORD — SENATE March 13, 1996 areas. Mr. President, the section 515 short-term extensions of housing au- mit HUD the discretion to utilize re- program is one of the few Federal hous- thority which have expired; preserve programmed funds for the Cities in ing programs providing much needed assisted housing; protect elderly ten- Schools Program. The Cities in Schools affordable housing assistance in rural ants in public and assisted housing; Program is our country’s largest and areas. and promote self-help housing and most successful student dropout pre- The passage of this bill also sends to community development programs. vention network. It serves as a model the President provisions from an This legislation originally passed the of how effective a public/private part- amendment that I cosponsored with Senate on January 24, 1996. The House nership organization can be in serving Senator GRAMS in the Banking Com- of Representatives passed a House our national goals. mittee. This amendment would limit amendment in the nature of a sub- The legislation would also provide an access to public housing by drug abus- stitute to S. 1494 on February 27, 1996. authorization of commitment author- ers and alcohol abusers. We need to The House amendment represents a bi- ity to the Government National Mort- make sure that our federally assisted cameral effort to gain consensus on an gage Association of $110 billion for fis- housing provides a decent, safe, and immediate direction for Department of cal year 1996 and increase the HUD sec- peaceful living environment for its Housing and Urban Development [HUD] tion 108 loan guarantee aggregate limit residents. The final version of this bill housing programs. from $3.5 billion to $4.5 billion. addresses one of my principal concerns To that end, the bill protects the The Banking Committee and its with earlier versions: it makes it clear needy recipients of various housing Housing Subcommittee continue to that a public housing authority should programs that have lapsed authority. analyze proposals for the reorganiza- look at a person’s pattern of drug or al- For instance, S. 1494 extends the HUD tion and elimination of the Depart- cohol abuse—rather than their history Home Equity Conversion Mortgage ment of Housing and Urban Develop- of drug or alcohol abuse—when screen- Demonstration [HECM] Program ment. After the opportunity for further ing candidates for admission. S. 1494 through September 2000. Last Novem- debate and hearings on existing HUD also enacts provisions that will stream- ber I introduced legislation, S. 1409, to and Department of Agriculture housing programs, housing reform legislation line the process that public housing au- provide a 5-year extension of this suc- will be introduced this Spring. Until thorities must follow to designate a cessful and much needed program. The passage of more comprehensive legisla- building as elderly-only or disabled- HECM Program offers elderly home- tion, the Housing Opportunity Pro- only housing. I would like to thank the owners the opportunity to borrow gram Extension Act of 1995 is essential managers of this legislation for also in- against the equity in their homes. for the continued operation of our Na- cluding language I recommended to au- Without this program, senior citizens tion’s housing delivery system. I thank thorize vouchers for people who may be with low incomes might be forced to my colleagues for their support for pas- adversely affected by a PHA’s designa- sell their homes and spend their golden sage of S. 1494. years elsewhere. In addition, S. 1494 ex- tion decision. Mr. MACK. Mr. President, I rise in I would like to mention that this bill tends the following programs until strong support of S. 1494, which I was includes an extremely helpful provision September 1996: the HUD community pleased to cosponsor with Senators that extends the timetables for proc- development block grant homeowner- D’AMATO and BOND. This legislation ex- essing and approving sales to non- ship program; the Rural Housing Serv- tends certain critical HUD and USDA profits under the low-income housing ice section 515 multifamily loan pro- housing programs whose authoriza- preservation program. Many residents gram; and the Federal Housing Admin- tions have expired. It also makes cer- of HUD-assisted housing around the istration multifamily housing risk- tain other changes in housing policy to country—and especially in Massachu- sharing programs. reflect priorities of the Congress as The legislation provides authority to setts—have been working very hard to well as the administration. purchase their buildings under the the HUD Secretary to operate the pres- When S. 1494 originally passed the preservation program. Extending the ervation program as passed in title II Senate on January 24, 1996, it was lim- deadline will ensure that these people’s of the fiscal year 1996 VA/HUD appro- ited in scope to only those provisions efforts will have time to come to fru- priations legislation, H.R. 2099, on De- that needed affirmative legislative au- ition. cember 7, 1995. This provision is needed thority to continue to operate, such as Finally, Mr. President, S. 1494 allows to protect existing tenants in HUD in- the Home Equity Conversion Mortgage the HUD Secretary to transfer up to $60 sured projects, to preserve the existing Demonstration program for the elderly million in support of national non- housing stock, and to recognize the (HECM), the CDBG home ownership profit housing and community develop- rights of owners. program, the FHA multifamily risk- ment organizations. The bill authorizes Further, S. 1494 would provide great- sharing demonstration, and the Sec- $25 million for Habitat for Humanity, er safety and security for our Nation’s tion 515 rural rental housing program. $15 million for other similar self-help elderly tenants in public and assisted The other body passed S. 1494 as housing programs, $10 million for the housing. The bill would streamline pro- amended on February 27, and the National Community Development Ini- cedures for public housing authorities House-passed version contains changes tiative—which includes the Local Ini- to designate public housing facilities that were negotiated between the tiatives Support Corporation and the as ‘‘elderly only,’’ ‘‘disabled only,’’ or House and the Senate. The amended Enterprise Foundation—and $10 million ‘‘elderly and disabled families only.’’ bill we are considering today thus con- for National Cities in Schools. These Public housing authorities would be tains some positive additions to the are all excellent organizations and I authorized to evict residents in these bill the Senate initially approved. am pleased to lend my support for this designated facilities whose pattern of Most notably, S. 1494 now includes authorization.∑ drug or alcohol abuse would jeopardize provisions that make it easier to evict Mr. D’AMATO. Mr. President, I rise the safety of elderly and disabled resi- from public housing tenants who are to express strong support for The Hous- dents. In addition, housing authorities engaged in criminal activities or who ing Opportunity Program Extension would be required to provide occupancy have a pattern of alcohol or drug Act of 1995 (S. 1494). I wish to express standards and an expedited grievance abuse, and it gives public housing au- my thanks to Senators MACK, BOND, procedure for the eviction of tenants thorities access to criminal records for SHELBY, BENNETT, and DOMENICI for who have a pattern of drug or alcohol the screening and eviction of public their cosponsorship of this important abuse. housing tenants. These provisions aid legislation. In addition, I would like to The Housing Opportunity Program in the implementation of what the offer thanks to Senator SARBANES, Extension Act would encourage self- President calls a ‘‘one strike and Senator KERRY, and all members of the help and community development pro- you’re out’’ policy for public housing, committee for their dedication to this grams which require little or no HUD and they were part of S. 1260, the Pub- bill. regulation. HUD would be authorized lic Housing Reform and Empowerment The Housing Opportunity Program to provide grants to capable nonprofit Act, which this body approved on Janu- Extension Act of 1995 represents a bi- organizations, such as Habitat-for-Hu- ary 10, and which is awaiting action in partisan effort which would: provide manity. In addition, the bill would per- the other body. March 13, 1996 CONGRESSIONAL RECORD — SENATE S1999 The bill also streamlines procedures tional nonprofit organizations that are ever, HUD needs to take a closer look for public housing authorities to des- making a huge difference in America’s at all of the developments assisted ignate public housing facilities as ‘‘el- communities. I thank the other mem- with project-based rental assistance derly only,’’ ‘‘disabled only,’’ or ‘‘elder- bers of the Senate for their support of and make decisions about their futures ly and disabled families only.’’ S. 1494 this legislation. on a case-by-case basis. Before convert- provides the authority to evict from S. 1494 extends several housing au- ing project-based assistance to vouch- these designated facilities those whose thorizations that expired October 1, ers, HUD should consider the future vi- pattern of drug or alcohol abuse would 1995. Among these are the Community ability of the development, the ability jeopardize the safety and security of Development Block Grant direct home- of the project to support its existing fi- the elderly and disabled residents. ownership assistance provisions, the nancing, the availability of affordable These provisions reflect concerns Federal Housing Administration [FHA] housing for voucher holders, and the raised by advocates for the elderly multifamily insurance risk-sharing desirability of retaining long-term, af- about the mixing of elderly and dis- programs, and the Home Equity Con- fordable housing in that location. abled populations, but they provide a version Mortgage program. Each of f these programs is a valuable tool in balanced policy that will help provide ORDER OF BUSINESS access to affordable housing for both of our efforts to make sure that Ameri- these special needs populations. Again, cans remain the best-housed people in Mr. GRASSLEY addressed the Chair. these provisions are similar to those the world. The PRESIDING OFFICER. The Sen- contained in the Public Housing Re- The program extensions on this bill ator from Iowa is recognized. Mr. GRASSLEY. Mr. President, I ask form and Empowerment Act. also include the section 515 rural rental S. 1494 also extends the Home Equity housing program and the set-asides unanimous consent to speak for 5 min- Conversion Mortgage Demonstration within the program for nonprofit devel- utes as in morning business. The PRESIDING OFFICER. Without for the elderly through September 30, opers and for funding to underserved objection, it is so ordered. 2000, instead of the 1-year extension areas. This authorization is necessary originally passed by the Senate. because the Rural Housing Service at f The bill provides authority for the the Department of Agriculture has A BATTLE OVER THE PROMOTION HUD Secretary to operate the low-in- been unable to utilize its $150 million OF NAVY COMMANDER ROBERT come housing preservation program appropriation until an authorization STUMP passed by Congress in the vetoed fiscal passed. Section 515 provides valuable, Mr. GRASSLEY. Mr. President, I year 1996 VA–HUD appropriation bill. low-interest credit to support afford- want to take a moment to speak about These provisions are necessary to pre- able rental housing in rural areas. a battle that is raging over the pro- The bill also includes authority for vent large-scale mortgage prepayments motion of Navy Comdr. Robert Stump. the HUD Secretary to spend up to $60 of FHA-insured mortgages and thus The battle is raging within the Senate million supporting local nonprofit preserve the existing supply of afford- Armed Services Committee, and it is housing and community development able low-income housing. being discussed, as well, in the press. In addition, S. 1494 creates a self-help activities. I would like to express my I have had my differences with this housing program under which HUD will enthusiastic support for these provi- committee in the past, but I want to provide grants to capable nonprofit or- sions. The bill authorizes $25 million set the record straight. In this particu- ganizations, like Habitat for Human- for Habitat for Humanity, $15 million lar case, I think the committee is get- ity. Grand funds must be used for the for other similar self-help housing pro- ting a bum rap. I think the Senate payment of land acquisition and infra- grams, $10 million for the National Armed Services Committee is doing structure costs. These funds will sup- Community Development Initiative, the right thing. plement donations and contributions of and $10 million for National Cities in Commander Stump’s promotion to products, volunteer labor and sweat eq- Schools. Habitat for Humanity affili- the rank of captain has been denied by uity, on which groups like Habitat now ates have been operating in my State the Senate Armed Services Committee. depend. for years and creating homeowners It was denied because of his suspected Finally, S. 1494 authorizes only among low-income families. The Na- involvement in the inappropriate be- through September 30, 1996, the section tional Community Development Initia- havior at the Tailhook convention. 515 rural rental housing program ad- tive combines Federal funds with funds I support the committee’s decision to ministered by USDA’s Rural Housing from foundations to support capacity deny the promotion, and I support it Service [RHS]. Before the program is building for community-based non- 100 percent. authorized beyond the current fiscal profits. Two terrific national nonprofit Unfortunately, Commander Stump year, oversight hearings should be held intermediaries—the Enterprise Foun- believes that promotion is an inalien- and reforms implemented to guard dation which is based in Columbia, MD, able right. Sadly, he believes that the against waste, abuse, and misuse of and the Local Initiatives Support Cor- Senate should not sit in judgment of funds. The RHS has taken significant poration—are key participants in the his character, or even make judgments steps to correct problems in the section NCDI program and are factors in the about his character. So he has hired a 515 program which have been identified NCDI program’s success. The commu- lawyer and has been conducting a very by the USDA IG and the GAO. How- nity-based nonprofit sector is an im- ugly lobbying campaign. ever, legislative action is required to portant and growing part of our deliv- The committee is getting hammered assure that program funds are allo- ery system of assistance to distressed with bad publicity. His supporters cated properly and that the program is communities. I am pleased with the argue that Commander Stump has been not abused by developers, owners, or recognition that this bill provides to cleared of criminal wrongdoing. They tenants. The Banking Subcommittee these efforts. argue that he is an innocent man, and on Housing Opportunity and Commu- Finally, Mr. President, I would like they argue that he has been treated un- nity Development, which I chair, will to highlight the language in the bill fairly and that the flagging procedure hold hearings on the section 515 pro- that permits HUD to renew expiring should be abolished. gram early this spring. Section 8 moderate rehabilitation con- Being cleared of criminal charges ∑ Mr. SARBANES. Mr. President, I rise tracts. This provision overturns lan- does not tell me that Commander in support of S. 1494, the Housing Op- guage passed on the continuing resolu- Stump is ready for promotion. Mr. portunity Program Extension Act. This tion that prohibited HUD from renew- President, this is a negative standard bill addresses some important and ing moderate rehabilitation contracts. of judgment. A negative standard of time-sensitive matters in the housing Clearly, HUD should not renew con- judgment will not help to nurture the area. S. 1494 extends program authori- tracts on housing that is not decent, kind of topnotch leadership that the ties that have expired and makes some safe, and sanitary. Likewise, we are Navy so badly needs. other needed changes in authorizing working with HUD to identify ways to To decide whether he is ready for statutes. Finally, it provides HUD with reduce the cost of Section 8 contracts promotion to captain, we need unam- the authority to support several na- where rent levels are excessive. How- biguous answers to at least 5 questions: S2000 CONGRESSIONAL RECORD — SENATE March 13, 1996 No. 1, has he demonstrated excellence the Federal Communication Commis- tem. It was not until 20 years later in the performance of his duties? sion’s regulatory structure. The key that the first cellular licenses were Two, has he demonstrated excellence issue is whether the FCC, a regulatory handed out. Today, the cellular indus- in leadership and discipline? agency devised in the 1930’s, based on try generates about $14.2 billion in rev- Three, does he always set a good ex- the ICC model from the turn of the last enues a year and provides service to ample? century, makes sense today as we pre- nearly 35 million customers. Four, does he care for and respect the pare for the 21st century. We also need From its very beginning, wireless men and women who serve under him to ensure that Federal regulation does communication has played a vital role in the Navy? not become a roadblock to the deregu- in protecting lives and property and, Five, and above all, is he a man of in- latory policy changes engineered by subsequently, through the development tegrity? the Congress with enactment of the of radio and television broadcasting, in In my mind, Mr. President, Com- Telecommunications Act of 1996. delivering information and entertain- mander Stump’s activities at Tailhook We also will move forward with na- ment programming to the public at raise questions about his ability to tional spectrum policy reform. I plan large. More recently, wireless, spec- exert moral leadership. I personally to chair four Commerce Committee trum-based telecommunications serv- like the controversial ‘‘flagging’’ pro- hearings on spectrum policy reform, ices, products and technologies have cedures. This procedure was instituted covering a broad range of issues con- proven to be indispensable enablers and by the Armed Services Committee. It is cerning the management of the elec- drivers of productivity and economic a procedure for identifying the files of tromagnetic radio frequency spectrum. growth, as well as international com- promotion candidates suspected of in- Although the issue of the broadcast ad- petitiveness. appropriate behavior at Tailhook. vanced television spectrum captured Wireless technology can deliver tele- There is a good reason for doing this. headlines, there are a number of spec- communications and information serv- The committee does not want to get trum policy reform issues we need to ices directly: First, to individuals on bushwhacked on the floor by Senators address that are far more important. I the move, away from the office desk or like me, and other Senators, who may intend to move the spectrum policy de- factory floor, thereby increasing their be waiting for an inappropriate person bate firmly back on the ground to the personal productivity; and second, to to be advanced to the floor for con- communications policy rather than the fixed locations that cannot be served firmation when they should not be that budgetary process which, to date, un- economically by wireless facilities be- far along in the process anyway. fortunately, has dictated the terms of cause of physical infeasibility or pro- If we discover that a prospective the spectrum reform debate. hibitively high costs. Wireless services nominee has engaged in misconduct at Mr. President, the electromagnetic are also critically important in bring- Tailhook, or anywhere else, they know radio frequency spectrum is an impor- ing competition to the wireline tele- that certain Senators on this floor, in- tant physical phenomenon—a natural, phone network, one of the key goals of cluding myself, will raise questions and national resource. An increasing num- the Telecommunications Act. maybe hold it up. ber of telecommunications enterprises The use of this economic resource is Too many Navy nominees have depend on access to this resource. largely determined through adminis- slipped through the Senate confirma- These enterprises include radio and tel- trative licensing procedures first devel- tion net when damaging information evision broadcasting, communications oped in the 1920’s. Compared to that of about them lay hidden in Government satellites, the complex air-to-ground most other countries, the U.S. spec- files. It usually leaks out to the press systems needed to manage aviation, trum management system allows for a after the fact. If that information had the wireless systems upon which law broad degree of private sector involve- been exposed to public debate, some of enforcement and public safety depend, ment in spectrum. Yet, the system still the nominations would have died. and the burgeoning mobile radio tele- involves a large degree of central gov- ‘‘Flagging’’ helps to fix this problem. phone business—cellular phones and ernment planning by federal regu- Mr. President, the only way to solve personal communications services lators. the Navy’s leadership problem is to [PCS]. To a large extent, it is electro- promote men and women who measure Simply put, the spectrum is to the magnetic industrial policy. up to a standard of excellence. information age what oil and steel The FCC must determine which serv- I think it is clear that the Senate were to the industrial age. ices should be provided, the frequencies Armed Services Committee has done Today, there is a limited supply of on which they will be provided, the the right thing in this particular nomi- available spectrum and an almost lim- conditions under which they will be nation. itless demand for its use. In other Mr. President, I yield the floor and provided, and often the specific tech- words, the spectrum is an enormously suggest the absence of a quorum. nology to be used. The PRESIDING OFFICER. The valuable yet finite natural resource. As with other systems of central clerk will call the roll. This is the crux of the problem with planning, the spectrum management The assistant legislative clerk pro- our current spectrum policy structure. system currently utilized in the U.S. ceeded to call the roll. Unless a reformation plan is developed tends to result in inefficient use of the Mr. PRESSLER. Mr. President, I ask that will create a more effective and spectrum resource. Federal regu- unanimous consent that the order for efficient use of the spectrum, as well as lators—rather than consumers—decide the quorum call be rescinded. a more stable supply of spectrum for whether taxis, telephone service, The PRESIDING OFFICER. Without private sector use, a vast array of new broadcasters, or foresters are in great- objection, it is so ordered. spectrum-based products, services, and est need of spectrum. It is a highly po- f technologies will go unrealized for the liticized process. Most importantly, American people. new services, products and tech- TELECOMMUNICATIONS This is particularly disheartening nologies are delayed or, worse yet, de- Mr. PRESSLER. Mr. President, the when one considers the benefits that nied. This obviously harms consumers. Telecommunications Act of 1996, which are derived from current spectrum- It typically takes years to get a new passed on February 1 and was signed based technology. For example, direct service approved by the FCC. The into law February 8, is only the first broadcast satellite [DBS] has become a lengthy delay in making cellular tele- step in my reform agenda for national viable competitor to cable. High pow- phone service available, noted earlier, telecommunications policy. As com- ered DBS satellites have the ability to imposed tremendous cost on the econ- prehensive as the new Telecommuni- process and transmit as many as 216 omy. One study estimated that the cations Act is, there are a number of video and audio channels simulta- delay cost the economy $86 billion. As profile and policy issues we were not neously. important, American consumers were able to adequately address, which need Cellular is another spectrum-based denied a new productivity and security our attention. technology that is worth mentioning. tool for many years. Over the coming months, the Com- In 1962, AT&T was operating its first Equally troubling, the system con- merce Committee will be examining experimental cellular telephone sys- strains competition. One of the most March 13, 1996 CONGRESSIONAL RECORD — SENATE S2001 important determinants of a competi- ference requirement. Such a change Mr. President, the proposal here is tive industry is the ability of new firms would greatly empower individual li- that there would be either the Base to enter the business. The bureaucratic censees. It would also eliminate the Closure Commission or something like allocation process typically provides scarcity of radio channels upon which it to look at the spectrum that the De- for a set number of licenses for each much government regulation is now fense Department and the CIA has to service, precluding additional competi- based. see if that could not be released in part tors. Only two cellular franchises, for SELF-MANAGED REGULATION or shared in part as new technology de- instance, are allowed in each market. At present, the FCC controls which velops. Indeed, one of our hearings that These problems have long been the entities receive licenses and what they we are going to hold in the Commerce focus of criticisms by economists and can do with them. Much of the radio Committee will be an off-the-record other expert analysts. Changes in new frequency engineering associated with hearing on that subject. We certainly communications technologies, espe- this regulatory system is conducted by want our national defense to meet its cially the digitization phenomenon, are the FCC in-house. requirements with spectrum, but we making the system even more unwork- In some instances, the FCC has dele- need to take a look at it. It may well able. New wireless communications gated some of its engineering and rou- take an extension of the Base Realign- technologies, services and products are tine licensing functions to user co- ment and Closure Commission to look being developed at an accelerated rate. operatives called frequency coordina- at the spectrum that the military has. tor groups. Legislation passed by Con- Even if the FCC were able to weigh ac- If enacted, this initiative would have gress in 1981 authorized this approach. curately the needs and merits of the several positive consequences. To begin Some believe the FCC should expand relatively few spectrum-based services with, it would give Federal agencies a this approach to encompass virtually that existed in the 1930’s, it is simply powerful incentive to modernize their not able to do so today. Even if it all radio-based communications. This would reduce the administrative bur- communications facilities—to derive could, the lengthy delays associated more communications capacity from with the allocation and assignment den on the agency, they maintain, the same or less channel bandwidth. processes, while perhaps acceptable in while speeding up the overall process. Reducing the amount of spectrum used a slow changing world, are seriously Some have suggested that the FCC by Government would also create a out of step with the fast-changing should make block grants of the spec- powerful economic engine that could world of today. trum to the States. Governors could Pressures on the traditional radio then apportion channels among various help drive the deployment of common frequency management structure are State law enforcement, public service, user wireless communications systems increasing. This is because demand for and other users. This also would sig- generally. channels is outstripping supply. Some nificantly reduce FCC costs, they At present, there are a number of pri- of the major issues which have arisen argue, and could ensure more respon- vate sector alternatives to the Govern- in recent years include: sive frequency management. ment providing its own radio commu- GOVERNMENT USE The radio frequency management and nications. These include cellular radio- Many believe the Federal Govern- use reforms outlined above hold signifi- telephones as well as the new PCS serv- ment occupies too much of the radio cant promise. None represent a truly ices which are developing nationwide. spectrum resource today. They argue fundamental change in Federal policy. As cellular radio moves from the con- for reducing the government spectrum All would reduce regulatory burdens ventional analog to more advanced dig- inventory in order to get this resource while fostering important public poli- ital transmission techniques, the num- into the hands of the private sector cies including advances in technology ber of cellular channels—system capac- where they believe it will be used more and innovation, greater choice and ity—may increase by five- or six-fold. effectively and efficiently. Some also more customer options, and more effec- That is important to repeat. As cel- contend the traditional division of re- tive, efficient, and responsive use of lular radio moves from the conven- sponsibilities between the FCC and this resource. tional analog to more advanced digital NTIA is obsolete. Establishing a single A SPECTRUM POLICY REFORM PROPOSAL— transmission techniques, the number of radio spectrum manager for the United GOVERNMENT USE cellular channels—system capacity— Several approaches have been ad- States, they argue, would be a signifi- may increase by five- or six-fold. In vanced which, if adopted, would significant improvement. Still others see the other words, we may have five or six cantly improve the effectiveness and Government spectrum inventory as a times as much capacity on some of the efficiency of Federal use of the radio potential source of revenues. They same spectrum. Do not let me over- frequency spectrum, and with no dis- argue that the Government should be state this matter because that is only cernible adverse impact on the per- required to relinquish frequencies true of certain types of spectrum. But formance of the many Federal pro- which could then be auctioned. They we may have five or six times as much grams that now rely heavily on believe spectrum auctions would return use of that same band of beachfront radiocommunications. spectrum in some instances. billions of dollars to the Treasury. First, legislation should build on the SPECTRUM FLEXIBILITY 1993 Omnibus Budget Reconciliation That large-capacity increase, plus Many contend the Government law, which directed the Government the proliferation of additional wireless should liberalize rules governing use of within a specified period of time to re- systems, hold the promise of signifi- the spectrum. The prevailing radio fre- linquish control over a predetermined cantly lower customer costs. Such quency management system limits the amount of radio frequency spectrum. costs could be even lower, if the vol- uses that can be made of particular This spectrum has been retroceded, in ume of communications handled by bands and channels. The channels allo- part, and should prove the basis for a these wireless systems grows. Here, as cated to broadcasting and assigned to variety of new private sector commu- in other cases, cost per message, and broadcast stations thus cannot legally nications offerings. thus price to users, is highly dependent be used for cellular phone service Now, legislation requiring the Gov- upon volume. today. Many of these frequency use ernment to privatize a set percentage Not all Government radio commu- limitations are grounded on traditional of its spectrum—20 to 25 percent— nications requirements can necessarily analog radio transmission technology. makes sense. A special temporary con- be fully satisfied by private-sector Many engineers and technical experts gressional commission could be estab- commercial mobile service [CMS] pro- contend that the trend toward digital lished to carry out this task much like viders. Through the standard Govern- transmission renders these traditional the Base Realignment and Closures ment procurement process, however, limitations on channel use obsolete. Commission [BRAC]. Congress also has agencies could negotiate with CMS Organizations including the Progress & created special or temporary commis- providers for special services and capa- Freedom Foundation have argued in sions in the past to examine problems bilities. There is little reason to as- favor of according frequency users like the 1981 temporary Commission on sume, at this time, that an effectively broad flexibility to use their channels Alternative Financing for Public Tele- competitive wireless communications as they choose, subject to a no-inter- communications. business could not adequately meet S2002 CONGRESSIONAL RECORD — SENATE March 13, 1996 many Government radio communica- nology, broadcasters could transmit nel usage in these specific private radio tions requirements. In the final analy- other communications in addition to services. The FCC does not generally sis, the cost to the Government of rely- video and sound signals. Radio broad- rely on frequency coordinators, how- ing on private sector supplies would be cast channels today already are provid- ever, with regard to broadcast services, lower than the posted price because of ing local links for paging operations. satellite communications, and other the private sector’s tax liabilities. Government policy should encourage large frequency-using services. Second, legislation should be passed multiple, more intensive use of radio The task of being a frequency coordi- to consolidate U.S. frequency manage- frequency resources where there is no nator depends, in large part, upon ac- ment responsibilities under the FCC. perceptible adverse technical impact. cess to computerized data bases, and The current practice of splitting func- Among other things, allowing radio having some radio frequency engineer- tions between the FCC and NTIA is a frequency licensees greater flexibility ing expertise. Access to data bases historical anachronism. The frequency could facilitate equipment and systems today, of course, is routine. The num- management functions of NTIA, to- modernization and upgrading. For ex- ber of individuals with substantial gether with the IRAC Secretariat and ample, many public safety communica- radio frequency management expertise associated support activities—includ- tions systems today are in need of is growing, moreover, in part because ing NTIA’s electromagnetic compat- modernization, to meet the demand for of Federal Government, and Defense ibility analysis operations—should be more cost-effective and responsive law Agency, downsizing. There is, in short, transferred to the FCC. In order to enforcement, fire safety, and emer- no good reason to assume that multiple take into account critical national de- gency medical services. The financial frequency coordinators could not be fense, law enforcement, and security resources available to many public sanctioned by the FCC. This would concerns, the law should provide for safety communications organizations have the effect of broadening user’s op- limited review of FCC decisions on are limited today, however, as a con- tions. Competition among and between Federal frequency management by the sequence of the fiscal austerity impera- frequency coordinator groups, more- President or his designee. At present, tives arising at virtually all levels of over, should have the effect of ensuring NTIA frequency allocation decisions government. efficient charges and effective, respon- are reviewable by the Director of the If local police forces were permitted sive operations. That has been true in Office of Management and Budget, act- greater flexibility in use of their chan- virtually every market where competi- ing pursuant to delegation from the nels, however, this challenge would be tion has been introduced, and should President. No appeal from an NTIA fre- less severe. Switching to new digital prove true in this case as well. The quency decision apparently has ever communications techniques typically FCC should be directed to expand substantially the Agency’s use of private been taken. achieves a significant increase in the Such a consolidation makes sense. total number of channels available—in sector frequency coordinator groups. Let me say something about the pub- The FCC’s engineering and routine some cases, by a factor of four or more. lic safety spectrum and begin to con- radio frequency management chores A local police department, therefore, clude by saying, at this time, the FCC can, for the most part, be assumed by could increase the number of channels should be directed to assess the fea- private sector frequency coordinator available to support its operations and, sibility and desirability of making groups. As Government users increas- at the same time, have capacity avail- some spectrum block grants to States. ingly rely on the private sector to meet able which it could lease or barter with In lieu of processing, issuing, and re- communications needs, and the dimen- private communications organizations. newing tens of thousands of public sions of the Government change as Such arrangements could generate the safety communications licenses—at well, the NTIA workload is likely to funds needed to finance modernization. significant cost to licensees, as well as shrink as well. It makes little sense for Greater flexibility is a public interest the FCC—the agency would issue 55 taxpayers to fund two separate, Fed- win-win situation—an option that ben- block grants to the chief executive offi- eral agencies both responsible for the efits all involved and affords the gen- cer of each State, including Guam, effective and efficient use of the same eral public both better service and Puerto Rico, the U.S. Virgin Islands, resource. more communications options. and the District of Columbia. It would The FCC and NTIA have already SPECTRUM FLEXIBILITY then be the responsibility of State Gov- taken steps to allow some radio licens- Radio frequency management tradi- ernors to determine eligibility, to en- tionally has limited the permissible ees more flexible use. The FCC’s cel- sure compliance with standard FCC— uses of allocated bands and assigned lular radiotelephone rules, for example, and other—operating rules, and to re- channels. This, in part, has been a place few constraints on permissible solve disputes among public safety li- function of technology, as well as the communications. The same is true in censees within the jurisdiction. technical characteristics associated the case of the new PCS services. What This would reduce delays and height- with particular frequencies. is needed, however, is far greater appli- en responsiveness to actual user re- For example, channels allocated to cation of this fundamental principle of quirements, while also lessening sub- the Forest Products Service have tradi- flexible spectrum use. stantially the burdens of traditional tionally been quite low frequencies, be- SELF-MANAGED REGULATION regulation now borne by the FCC. Most cause those frequencies have been One of the more promising options importantly, it would tend to ensure shown to have the greatest ability to for radio frequency management re- more and better public safety commu- penetrate underbrush, leaves, etc. In form is expanded use of self-managed nications for State residents. Again, general, the higher the frequency regulation—the use of private sector while States today have substantial range, the more the transmission re- radio frequency coordinator groups to radio frequency engineering expertise, sembles visible light in terms of the handle routine engineering, frequency such expertise is readily available in phenomena that cause interference. coordination, and other functions the competitive marketplace. Hence, at very high frequency ranges, which, in the past, had typically been In conclusion, the radio frequency fog, air pollution, and rain cause inter- undertaken by FCC staff. management and use reforms outlined ference which would not arise if lower At present, the FCC relies on fre- above hold significant promise. All frequencies were used. New digital quency coordinators to handle many of would reduce regulatory burdens while communications technologies, how- the routine chores associated with pri- fostering important public policies in- ever, lessen this challenge. This is be- vate mobile radio systems. Organiza- cluding advances in technology and in- cause digital technology includes error tions such as the National Association novation, greater choice and more cus- correction and other features which of Business & Educational Radio tomer options, and more effective, effi- lessen interference. [NABER], the Associated Public-Safety cient, and responsive use of this valu- ‘‘Spread spectrum’’ and ‘‘digital over- Communications Officers [APCO], and able national resource. I look forward lay’’ techniques make it possible for the Special Industrial Radio Service to receiving comment on these and multiple communications pathways to Association [SIRSA] process applica- other spectrum reform proposals as be established within the same radio tions, conduct engineering surveys, and part of our comprehensive hearing frequency channel. Using this tech- otherwise facilitate licensing and chan- process in the Commerce Committee. March 13, 1996 CONGRESSIONAL RECORD — SENATE S2003 Mr. President, as I look about the allocate it rather than have it be allo- The PRESIDING OFFICER. Without Chamber and in the galleries, I feel as cated here within the beltway. objection, it is so ordered. Those are some things we need to I did some months ago. I addressed our f State Chamber of Commerce. I was our think about. last speaker after a whole series of f PROGRAM speakers. Toward the end of my speech ORDERS FOR THURSDAY, MARCH Mr. PRESSLER. For the information I noticed everyone was nodding their 14, 1996 of all Senators, the Senate will resume heads. Either they agreed with me or Mr. PRESSLER. Mr. President, I ask the pending omnibus appropriations they were falling asleep. unanimous consent that when the Sen- bill at 9:30 a.m. Thursday. A number of I thank my colleagues for letting me ate completes its business today, it amendments are remaining, therefore make this speech on spectrum manage- stand in recess until the hour of 9:30 votes will occur. Also, a cloture vote ment policy. Some of my basic think- a.m. on Thursday, March 14; that im- will occur at 2 p.m. with respect to the ing is we need to take a new look at mediately following the prayer, the Special Committee To Investigate this spectrum. It is a national natural Journal of proceedings be deemed ap- Whitewater. proved to date, the time for the two resource. We need to look at what the f Government has and what private leaders be reserved, and the Senate areas have. We need to look at what then resume the omnibus appropria- RECESS UNTIL 9:30 A.M. the broadcasters have; if they are going tions bill. TOMORROW The PRESIDING OFFICER. Without to migrate, if we are sure we are going Mr. PRESSLER. Mr. President, if to auction what they migrate from. objection, it is so ordered. Mr. PRESSLER. Mr. President, I fur- there is no further business to come be- We have to look at giving authority ther ask unanimous consent that, at fore the Senate, I now ask unanimous to the States. If we find that there is the hour of 1:30 p.m. on Thursday, the consent that the Senate stand in recess more spectrum to use, we need to con- Senate lay aside the pending business under the previous order. sider the possibility of auctioning it or, and there be 30 minutes for debate There being no objection, the Senate, if it is used for public use, letting some prior to the Whitewater cloture vote, at 8:45 p.m., recessed until Thursday, of the State Governors decide how to to be equally divided in the usual form. March 14, 1996, at 9:30 a.m. March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E329 EXTENSIONS OF REMARKS

COMMUNITY ACTION OF GREATER tested and assigned to summer school for ad- of diversity and loneliness, inspires the INDIANAPOLIS, INC. ditional assistance as needed. To our knowl- Grandparent and develops a sense of inde- edge, only three students assigned to Foster pendence and self-worth for both parties. Grandparents were not promoted. The rest Of course ultimate personal satisfaction HON. ANDREW JACOBS, JR. were able to keep up with their classmates comes when the family is ready to leave the OF INDIANA after receiving the intervention of one-on- shelter and thanks the Grandparent whole- IN THE HOUSE OF REPRESENTATIVES one Foster Grandparent instruction during heartedly for the time, advice, and loving at- Tuesday, March 12, 1996 the school year and summer school. tention given to the children at their time of In addition to there being too few avail- need. Mr. ANDREWS. Mr. Speaker, we always able, homeless shelters for families with Reward likewise abounds for the Foster hunger for good news. The following should children in Indianapolis are understaffed. Grandparents who serve neglected and be a very fine meal in this respect. There is a need for Foster Grandparent inter- abused children. The sense of self-worth de- COMMUNITY ACTION OF GREATER vention during the parents’ busiest hours rived from these programs is priceless for the INDIANAPOLIS, INC. (mornings) as they seek jobs and attend to Grandparents. other business. The one-on-one attention To: Thomas L. Haskett, State Program Di- IMPACT ON THIS AGENCY: provided by the Grandparents eases the trau- Foster Grandparents are highly valued by rector ma and provides a sense of stability through From: Nanci Morris, Foster Grandparent the school system, and thus a positive image loving and meaningful interaction for these of Community Action is presented to the Program Coordinator, Community Ac- children. Foster Grandparents help fit the tion of Greater Indianapolis agencies served as well as to the community children in suitable clothing in addition to at large. The Foster Grandparent Program Re: Impact, Meeting Community Needs helping provide for other physical needs. The To address community needs, three prior- enables Community Action to have signifi- parents enjoy guidance and support from the ity areas have been targeted for Community cant contact with youth before they become volunteers as well. Additionally, the shelter Action’s Foster Grandparent Program serv- teens and reject adult guidance. Grand- employees benefit in the traditional ways ices: (1) special needs children in public parents are also able to refer children and from the Grandparents’ assistance. Con- schools, (2) children in homeless shelters, their parents and alert agency personnel to sequently, the whole atmosphere of a shelter and (3) neglected and abused children in tem- the array of other Community Action pro- improves when a Foster Grandparent is porary homes and shelters. grams available to meet diverse needs. around. One example is Community Action’s cer- 1. SPECIAL NEEDS CHILDREN IN PUBLIC SCHOOLS The staffs of homes and shelters for ne- tified housing counseling program that in- Dramatic increases have occurred in the glected and abused children alone can not cludes a strong homeless assistance compo- number of mildly-to-severely disabled chil- adequately provide the level of attention nent. Foster Grandparents remind shelter dren enrolled in 19 elementary schools of the needed there, particularly by the babies and Indianapolis Public Schools (IPS) that have small children. The maturity, stability, and workers to call upon this Community Action been designated for mainstreaming these love Foster Grandparents provide help the program for additional, on-going assistance children. Budget cutbacks have not allowed children respond in ways that would likely to families as needed. Community Action, the volunteer stations, for all classrooms with special needs chil- not be possible otherwise. dren to have teacher’s aides. Severely dis- and most importantly the people they serve IMPACT ON THE VOLUNTEER abled children are assigned 8 to a classroom benefit from cooperative relationships built with 1 teacher and 1 aide, and moderately-to- Many Community Action Foster Grand- through the Foster Grandparent Program. mildly disabled are assigned 10–14 per class- parent volunteers have worked with special f room with 1 teacher and sometimes 1 aide. needs children in the IPS system for years Thus, 8 schools with classrooms having no and continue to maintain regular contact REMARKS HONORING HUGH aides or not enough aides to adequately ad- with many of their former students. Having MILLER dress the children’s special needs have been witnessed the progress these children have selected as priorities for this Foster Grand- made, the Grandparents benefit from the HON. GARY L. ACKERMAN parent Program’s placements by the IPS abounding satisfaction they feel from having OF NEW YORK Programs for Young Children, Special Edu- been a part of each child’s paths to success. cation Department. The Grandparents are encouraged and al- IN THE HOUSE OF REPRESENTATIVES lowed by IPS to be creative, and the teachers 2. CHILDREN IN HOMELESS SHELTERS Tuesday, March 12, 1996 gladly seek advice and new ideas from the The increase in children throughout the Grandparents. A good example of this cre- Mr. ACKERMAN. Mr. Speaker, I rise today nation living without a permanent address ativity at work was when children living in to join with the members of the Young Leader- has made serving homeless children a prior- a homeless shelter were often teased by their ship Committee of the New York chapter of ity for all Foster Grandparent Programs as school classmates. ‘‘Grandma’’ started a presented at the recent Foster Grandparent the Juvenile Diabetes Foundation, as they grooming session whereby the special needs Conference in Washington, D.C. A survey hold their seventh annual masked ball honor- children met her before school. She would conducted last fall indicated that there were ing Hugh Miller. Known as an astute business- check them over for tidiness, give them a at least 824 homeless children under age 15 in pep talk, and then give them a liberal spray man in the world of finance, Mr. Miller is presi- Indianapolis. Thus, serving homeless chil- of after shave lotion or perfume as a re- dent and CEO the Delta Funding Corp., a dren has been identified as a community minder that she was with them all day. This company dealing primarily with the origination, need for Community Action’s Foster Grand- soon caught on, and other children who purchase, and servicing of nonconforming res- parent Program. Program volunteers are weren’t homeless sought out Grandma for placed at 6 of Indianapolis’ seven homeless idential mortgage loans. Indeed, the industry shelters serving families with children. some reassurance and a sweet smell. Thus, has looked to Mr. Miller for leadership, and he the Grandparents are rewarded in the best has served in that capacity as a representative 3. NEGLECTED AND ABUSED CHILDREN IN possible way for being creative. Addition- TEMPORARY HOMES AND SHELTERS of the National Home Equity Mortgage Asso- ally, each of the Grandparents is taught how ciation, National Mortgage Brokers Associa- Reported child abuse in Indianapolis has to operate school office equipment such as risen 150 percent during the past 2 years. A the duplicator, copiers, and calculators. The tion, Executive Enterprises, American Commu- decrease in the number of neglected, abused, children often assist the Grandparent in nity Bankers, Information Management Net- sexually abused, abandoned, fetal alcohol copying and preparing papers for the next work, and Mortgage Bankers Association of syndrome, emotionally disturbed/disabled, day’s work, honing skills and providing sat- America. and ‘‘crack’’ children is not anticipated for isfaction for both. One school even offers Yet despite the ongoing demands on his the foreseeable future. Funding for homes computer literacy classes to the Grand- and shelters to serve these children have not time and talents, Hugh Miller has vigorously parents. and effectively undertaken a myriad of social increased accordingly. Thus, 7 shelters for Many of the Grandparents live near the abused children have been selected for Com- shelters they serve. They know first-hand responsibilities. Many diverse organizations in- munity Action Foster Grandparent services. about the situations faced by the families as cluding the National Kidney Foundation, Police IMPACT ON COMMUNITY NEEDS they starting over. Being able to offer the Conference of New York and Nassau County, At the end of the 1994–95 school year, chil- single parent support, guidance, and encour- DARE, the American Cancer Society, the Leu- dren assigned to Foster Grandparents were agement to ‘‘hold your head up’’ in the face kemia Society of America, Hofstra University

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E330 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 Scholarship Funds, and the Huntington's Dis- This bill is a straightforward solution to the COMMENDING THE BROOKLYN ease Society of America have greatly bene- problems created by meth production and IRISH-AMERICAN PARADE COM- fited from his service. His experience in this usage. First, the bill establishes new controls MITTEE ON ITS 21ST ANNUAL regard has emerged as a yardstick by which over the key chemicals necessary to manufac- PARADE all such future dedication is measured. Fur- ture meth by forcing chemical supply houses thermore, in conjunction with the Interfaith Nu- to control more strictly the sale of the legal HON. CHARLES E. SCHUMER tritional Network, Delta Funding has created substances which are the precursor chemicals OF NEW YORK the Delta Funding Inn, which caters to the of methamphetamine. Second, the bill in- IN THE HOUSE OF REPRESENTATIVES needs of disadvantaged youths. creases the criminal sentences for possession Mr. Speaker, in a time when we search for and distribution of these chemicals or of the Tuesday, March 12, 1996 heroes and leaders, it is most reassuring to specialized equipment used to make meth. Mr. SCHUMER. Mr. Speaker, I rise today to know that people such as Hugh Miller are tire- Civil penalties collected will be used by the honor the Brooklyn Irish Parade Committee by lessly striving for the betterment of society. I Environmental Protection Agency to clean up including a draft resolution into the CONGRES- ask my colleagues to join me in honoring clandestine meth labs seized by law enforce- SIONAL RECORD. Hugh Miller for his constant dedication in the ment. DRAFT OF PROCLAMATION/LEGISLATIVE regard. The problems posed by meth are real. This RESOLUTION f highly addictive drug is cheap, readily avail- COMMENDING THE BROOKLYN IRISH-AMERICAN METHAMPHETAMINE CONTROL able, and easy to manufacture. By more PARADE COMMITTEE ON ITS 21ST ANNUAL PA- ACT OF 1996 closely regulating the raw materials used to RADE manufacture methamphetamine and by Whereas, The Brooklyn Irish-American Pa- rade reflects and records the ongoing history HON. VIC FAZIO strengthening the criminal penalties for pos- of the United States and Ireland, our people, OF CALIFORNIA session of key chemicals and meth para- their heritage and the many contributions IN THE HOUSE OF REPRESENTATIVES phernalia, this bill will be an excellent tool in and accomplishments of the Irish to their Tuesday, March 12, 1996 the war against the crank cartels. Community, Borough, City, State and Na- tion; and Mr. FAZIO of California. Mr. Speaker, I rise f Whereas, This parade encourages an appre- today to introduce legislation which will be a ciation of an ancient Irish heritage; and powerful tool in the fight against methamphet- TRIBUTE TO GEOFF PIETSCH AND Whereas, This event is a celebration of amine production and usage in our country. CARLOS BARQUIN Brooklyn’s cultural diversity and richness; The production and usage of methamphet- and amine, also known as meth, speed, crank, or Whereas, This Parade takes place on the ice, in the United States has grown alarmingly historic site of the Battle of Brooklyn, Au- HON. ILEANA ROS-LEHTINEN gust 27, 1776 in which Irish Freedom Fighters over the last several years. Meth has ac- and Americans of other ethnic cultures gave OF FLORIDA counted for a dramatic escalation in the num- their lives to secure Independence for our ber of overdoses, emergency hospital admis- IN THE HOUSE OF REPRESENTATIVES America; and sions, drug shootings, and related violence in Whereas, The Spirit of ’76 was, and still is, America's largest western cities and rural Tuesday, March 12, 1996 the ideal of the Brooklyn Irish-American Pa- areas. Meth has unfortunately become the rade, this year the Parade Committee and Ms. ROS-LEHTINEN. Mr. Speaker, I would crack of the 1990's. it’s officers take particular note and recall Meth causes psychotic and violent reactions like to take this opportunity to give my con- the bicentennial of the United Irishman lead- in its users because it interferes with the gratulations to two remarkable individuals, er, Wolf Tone’s invasion of Bantry Bay in Geoff Pietsch and Carlos Barquin, who have West Cork and the prospects for peace in a brain's production of the natural chemical United Ireland; and dopamine which plays an important role in used their great skills and exceptional dedication in order to bring their respective cross- Whereas, The people of Ireland and Amer- governing movement, thought, and emotion. ica have always shared a common heritage in country teams, Ransom Everglades School Users can go on binges which last as long as the struggle of free men and women to gov- 24 hours and result in permanent psycho- and Belen Jesuit Preparatory School, to State ern their own affairs and determine their logical and physical injury. While most users victories in Class 4A and Class 3A. own destiny; and are young males, meth has inevitably affected Coach Carlos Barquin, who has been Whereas, Despite religious persecution, coaching Belen's boy's cross-country for the famine, colonial occupation and political op- the very young. In fact, a generation of meth- pression, the sons and daughters of Ireland, addicted crank babies requiring constant care last 26 seasons, was finally able to feel the joy scattered throughout the world, never forget is rapidly filling our Nation's hospitals. These of victory when his Wolverines took home the their ancestral home; and babies appear comatose, often sleeping 24 school's first State title in any sport, winning Whereas, This parade is dedicated to the hours a day. Caretakers are forced to wake the Class 4A race at the State championships memory of Eddie Farrell of Farrell’s Bar, them in order to feed them, forcing their with 75 points. well-known Brooklyn Irish-American Busi- mouths open to accept nourishment. nessman, benefactor of numerous charitable Coach Geoff Pietsch also has had much to causes and long time supporter of the Brook- Meth-related deaths increased nationally by cheer about with his boys cross-country team 145 percent between 1992 and 1994. In Cali- lyn Irish-American Parade; and at Ransom Everglades as he watched them Whereas, This year’s Grand Marshal is Pat- fornia, which has been identified by the Drug capture first place with 71 points and as they rick D. Brennan, Deputy Chief, New York Enforcement Administration as a source coun- went on to win their fourth State title. City Police Department, a life long resident try of methamphetamine, more than 400 of Our Lady of Perpetual Help Parish, Bay deaths and suicides have been blamed on Both Belen Jesuit Preparatory and Ransom Ridge, Brooklyn and a native of County meth use. Other States have reported similar Everglades are Dade County Schools whose Mayo, Ireland, his wife Monica and their six record numbers. coaches and students exhibited the impor- children: Maureen, Tara, Martin, Dermott, Meth production also poses severe environ- tance of good coaching, excellent team effort, John and Patrick, now therefore, be it mental problems. It literally poisons the com- the skills to go ahead and the drive to be No. Resolved, That this Legislative Body/Office 1. Coaches Pietsch and Barquin are excep- pause in its deliberations to commend the munities where it is produced. For every Brooklyn Irish-American Parade Committee pound of meth that is produced, seven gallons tional individuals who have dedicated their lives to not only teaching their students how to on its 21st Anniversary Parade to be held on of waste are also produced. A record 465 Sunday, March seventeenth, nineteen hun- meth labs were seized in California in 1995, win, but have also shown that team effort and dred ninety six; its Grand Marshal, Patrick each a toxic waste site requiring immediate individual dedication are the key to ultimate D. Brennan, Deputy Chief, New York City and expensive cleanup by hazardous mate- success. They were both recognized as Flor- Police Department and his Aides, Sister rials teams. In rural areas, this waste is ida Coach of the Year for their respective divi- Kathleen Sullivan, (Education) Principal of dumped into waterways and on to fertile farm- sions. St. Francis Xavier School; Christopher Byrne (Irish Culture) of ‘‘Black 47’’ Band; ing soil. In 5 to 10 years, this poisonous I congratulate both coaches on their great Seamus Lang (Business) of Bear Stearns; sludge is found in the ground water of nearby work and dedication and I hope that they will Catherine Mitchell-Miceli (United Irish communities. In urban areas, abandoned meth continue to keep up the exceptional work in Counties); Sean Egan (Gaelic Sports) of labs in apartment buildings make these units the future as they have done in the past. They Brooklyn Shamrocks Football Club; Kay and buildings virtually uninhabitable. are both truly a fine example to all of us. O’Keeffe (Ladies A.O.H. Kings County March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E331 Board); Matthew Kehoe of Kings County An- become more like America. Its corporations ships the Nation has to offer in math and cient Order of Hibernians and Parade Chair- will have to cut costs and downsize to re- science. person: Kathleen McDonagh; Dance Chair- main globally competitive. Maybe. But for This year, the Westinghouse Science Talent person: Peggy Lynaugh; Journal Chair- now, the Japanese are resisting that. Despite Search has selected 15 young women and 25 person: James McDonagh; Parade Officers five years of zero growth, Japan still has young men from across the Nation as finalists and Members and all the citizens of Brook- only 3.2 percent unemployment. The sort of lyn, participating in this important and job massacres that have become the norm in in the national competition. These outstanding memorable cultural and civic event; and be America—like 40,000 workers at AT&T in one young Americans are in Washington this week it further chop—have been unheard of here. ‘‘I am sure and as finalists join the ranks of the Nation's Resolved, That copies of this Resolution, that eventually we will be somewhat forced most eminent scientists. suitable engrossed, be transmitted to Pat- to think American, but we are moving very For thousands of students who dream of ca- rick D. Brennan, his Aides and the Brooklyn slowly in that direction,’’ says Yotaro reers in science, the Westinghouse competi- Irish-American Parade Committee in Brook- Kobayashi, the chairman of Fuji Xeros. ‘‘For tion has helped make those dreams come lyn. social and moral reasons, we will try to true. Since 1942, this nationwide competition f avoid going all the way to a U.S. model. We has identified and encouraged high school will look for a middle ground.’’ LESSONS FROM JAPAN: How? In part it will be by trying to main- seniors to pursue careers in science, mathe- EMPLOYMENT FIRST tain hidden trade barriers. But in part it will matics, or engineering. This year's competition be by trying to maintain Japan’s unique cor- included almost 2,000 high school seniors porate values. For Japanese executives, says from 735 high schools located throughout the HON. FORTNEY PETE STARK Glen Fukushima, vice president of the Amer- 50 States, the District of Columbia, and Puerto OF CALIFORNIA ican Chamber of Commerce in Japan, ‘‘lay- Rico. Their independent science research IN THE HOUSE OF REPRESENTATIVES ing off employees is the last option they look project entries covered the full spectrum of for, not the first,’’ And far from being re- scientific inquiry, from biology to solid state lu- Tuesday, March 12, 1996 warded for layoffs, corporate executives here minescence. Mr. STARK. Mr. Speaker, they say Japan are censured for them, by both peers and the press. The first priority of a Japanese com- Since the scholarship search program was learned about quality and modern manufactur- founded 55 years ago, 113,000 young men ing from the United States, but we clearly pany is its employees, then come its customers and last its shareholders—just the and women have entered the competition. have things we should learn from Japan about opposite of the U.S. corporate mentality. Half of the winners from previous years are how to create a sense of society and commu- Instead of ordering massive layoffs, Japa- today teaching or conducting scientific re- nity. nese companies cut overtime, they freeze the search programs. They hold five Nobel Prizes, The following column by Thomas Friedman hiring of college grads, they freeze dividends, two Field Medals in mathematics, three Na- from the New York Times of February 25 ex- they offer early retirement packages, they tional Medals of Science, and nine MacArthur plains how Japan avoids the job massacres shift workers to subsidiary companies, they Foundation Fellowships. The alumni include that mar American businesses so often and so shift low-skilled jobs to cheaper labor markets in Asia and keep the best jobs here, 56 Sloan Research Fellows and 30 members casually. they inhibit mergers and acquisitions that of the National Academy of Sciences. In all, [From the New York Times, Feb. 25, 1996] lead to layoffs, they buy up U.S. high-tech Westinghouse Science Talent Search alumni JAPAN INC. REVISITED companies to maintain the competitive edge hold more than 100 of the world's most cov- (By Thomas L. Friedman) that their own regulated economy some- eted science and math awards and honors. times stifles and the even (are you ready?) There's much going on in Washington these TOKYO.—I found the source of our trade order pay cuts for top executives—anything problems with Japan. days, but the presence here of these young I went shopping at the Mitsukoshi Depart- but lay off people. Americans who represent the finest scholars That’s why Pat Buchanan is only partly ment Store, the Bloomingdale’s of Tokyo, our secondary schools have produced, should right. Yes, American workers are being hurt and when I walked in the front door I count- by unfair trade barriers erected by some for- not go unnoticed or unheralded. They are here ed 14 sales clerks in the jewelry department eign countries, including Japan, and the U.S. with their research projects which are on dis- alone. They bowed politely and offered to should fight hard to bring those barriers play in the Great Hall of the National Academy help with any purchases. The American in down. But U.S. workers are being hurt just of Sciences, so that we can see first hand the me immediately said: ‘‘What a waste of as much, if not more, by the skewed sense of kind of work being done at the high school labor! Who needs 14 sales clerks? This store priorities that now dominates the U.S. busi- needs downsizing immediately!’’ But that is level. ness community, where executives get bo- not the Japanese instinct. And that’s one Often times those of us in Congress can nuses for massacring their employees. Maybe reason why we have a structural trade defi- contribute more to quality education by simply the economists are right. The Japanese will cit with Japan. calling public attention to outstanding work have to become like us. But they are sure Let me explain: Unlike the U.S. or Western achievements beyond the walls of the Federal trying not to, and its’ worth watching to see Europe, Japan long ago decided that is top if the they can pull it off. This is one eco- Government, than by casting our votes on the priority was not to have the lowest prices for nomic war I’m rotting for Japan to win. floor. its consumers, not to have the highest divi- f The Westinghouse Science Talent Search is dends for its corporate shareholders, but to just one example of the private sector taking keep as many of its people (particularly the AMERICA’S YOUNG LEADERS a lead role in initiating programs to meet the men) employed in decent paying jobs—pref- erably for a lifetime with the same firm. The many serious challenges facing the next gen- Japanese understand that a job gives dignity HON. ROBERT S. WALKER eration of American leaders. These most pres- and stability to people’s lives and pays off in OF PENNSYLVANIA tigious science awards have been around for much greater social harmony. Just walk the IN THE HOUSE OF REPRESENTATIVES more than half a century, but their luster and streets of Tokyo: few homeless sleeping on impact on young students has not diminished. grates, no muggers lurking in the shadows. Tuesday, March 12, 1996 The opposite is true. They have motivated stu- But to maintain such high levels of em- Mr. WALKER. Mr. Speaker, ``Why can't dents, encouraged scholarship, and inspired ployment, to keep 14 clerks behund one store Johnny * * *'' This question is one of the scientific excellence. That is what we want counter, Japan basically had to fix the game. most often posed to parents, educators and American education to be. Japan had to regulate its economy in a way policymakers. It strikes at the heart of the per- The time I have served on the House that would protect its domestic companies from foreign competition, by controlling ac- formance of the American education system. Science Committee has impressed upon me cess to is markets. That way Japanese com- Sometimes the answers aren't what Ameri- the tremendous challenges we, as a nation, panies could maintain a duel price system. cans want to hear. face in the fields of science and mathematics. They could charge high prices at home, in a The Westinghouse Foundation, the philan- These years also have taught me the futility of protected market, in order to maintain full thropic arm of Westinghouse Electric Corp., too much dependence upon Government employment, while charging lower prices however, is the bearer of good news about alone to meet those challenges. Government abroad in order to get into everyone else’s our Nation's schools. Not only is Johnny learn- can be a motivator, a facilitator and an inspira- market and export like crazy. That is why ing, he/she is excelling in math and science. tion, but it can never do all we need to do. those who think that Japan’s trade barriers For the 55th year, the Westinghouse Foun- So I salute the young high school students will easily give way, or that is economy will be ‘‘deregulated’’ as its Prime Minister keeps dation, in partnership with Science Service in Washington this week and I hope this city, promising, are fooling themselves. Inc., is recognizing America's best and bright- with a plate full of legislation, politics, con- Many economists argue that in an inte- est young scholars by awarding the most troversy, and consternation, will take a mo- grated global economy, Japan will have to prestigious and coveted high school scholar- ment to join in that salute and urge them on E332 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 to greater heights of individual achievement work of the dedicated staffs at poison centers HONORING THE RETIREMENT OF and excellence. across the country in preventing illness, injury, DANIEL R. SMITH This year's Westinghouse Science Talent and death from poisonous substances. I also Search finalists are among 1,869 high school wish a happy 25th anniversary to Mr. Yuk and HON. FRED UPTON seniors from 735 high schools located the Pittsburgh Poison Center and urge that, as OF MICHIGAN throughout the 50 States, the District of Co- a nation, we continue to support successful IN THE HOUSE OF REPRESENTATIVES lumbia, and Puerto Rico. The research com- and cost-effective public health programs like pleted by the finalists is on the level of that the Pittsburgh Poison Center's Mr. Yuk Pro- Tuesday, March 12, 1996 performed by college graduate school stu- gram. Mr. UPTON. Mr. Speaker, today I would like dents, even though the authors range in age f to honor a man who has dedicated his career from only 16 to 18. to the betterment of banking and has contin- TRIBUTE TO THE LATE MORTON f ually voiced the banking industry's message GOULD THE 25TH ANNIVERSARY OF CHIL- loud and clear to the Members of this Con- DREN’S HOSPITAL OF PITTS- gress. At the beginning of May, Daniel R. HON. MARTIN R. HOKE Smith, chairman and CEO of First of America BURGH’S MR. YUK POISON PRE- OF OHIO VENTION PROGRAM Bank Corp., will be retiring after four decades IN THE HOUSE OF REPRESENTATIVES of service in the banking industry. HON. WILLIAM J. COYNE Tuesday, March 12, 1996 Throughout his career, Dan has made many Mr. HOKE. Mr. Speaker, a few weeks ago contributions to the furtherance of constructive OF PENNSYLVANIA banking legislation. While he was president of IN THE HOUSE OF REPRESENTATIVES America lost one of its most celebrated musicians. I am speaking of Morton GouldÐa man the Michigan Bankers Association, legislation Tuesday, March 12, 1996 whose entire life was dedicated to enriching was passed that allowed statewide branching Mr. COYNE. Mr. Speaker, I rise today to the lives of those around him. Anyone who in Michigan. During his tenure as president of pay tribute to an important member of the has attended a Gould-conducted concert, or the American Bankers Association in 1994, public health community who celebrates a has heard his works performed knows the interstate banking legislation, regulatory reform 25th anniversary this month. Since his arrival power of his music. From classical orchestral and bankruptcy legislation was passed. Dan in 1971, Mr. Yuk has served an important movements to rap arrangements, Mr. Gould's also conceived an important market share symbol in preventing child poisonings. His work was particularly AmericanÐmaking use study of the financial services business, which green grimace is a familiar reminder to chil- of jazz, blues, spirituals, and folk music. the ABA completed, that clearly demonstrates dren and adults alike that many common A musical genius, Mr. Gould published his the continued strength of banks in their re- household goods can be deadly if ingested. first work ``Just Six'' at the age of 6. As a spective markets. He also previously chaired His important contribution to the effort to re- teenager, he played the piano for the 1932 both the MBA's and the ABA's government reduce childhood poisonings deserves special opening of Radio City Music Hall. As an adult, lations councils and is currently a member of notice this month, as March is National Poison he continued to thrill audiences with his work. the Bankers Roundtable. Prevention Month. Mr. Gould joined the American Society for Dan spent the first 21 years of his banking Mr. Yuk was developed under the direction Composers, Authors, and Publishers in 1935, career in the trust department for First Na- of Richard Garber, former director of the Insti- and served as that body's distinguished presi- tional Bank and Trust Company of Michigan, tute of Education Communication at Children's dent from 1986 to 1994. A tireless advocate which later become First of America BankÐ Hospital of Pittsburgh. In the effort to replace for new American composers, he constantly Michigan. In 1974, he was elected to the the traditional skull and crossbones symbolÐ sought opportunities to showcase their work. bank's board of directors and became presi- it had become associated with swashbuckling As a conductor, Mr. Gould led countless or- dent of the Kalamazoo Bank in 1977. He was pirates and buccaneers rather than with harm- chestras throughout the world and recorded named president of First of America Bank ful substancesÐthe fluorescent green and over 100 albums. Corp. in 1983 and CEO of the corporation in black face was determined to be the most re- Morton Gould's contributions span eight 1985. During his tenure as CEO, the company volting to children. decades and include significant works for film, grew from $5 billion in assets and 255 branch Mr. Yuk and the Pittsburgh Poison Center theater, and the ballet. While his honors and offices in Michigan, to the 33d largest holding comprise the first and largest poison preven- accolades are too numerous to recount, a few company in the country with $23 billion in as- tion awareness program in the Nation. In the highlights are worth mentioning: the Kennedy sets and over 600 branch offices in Michigan, 25 years that Mr. Yuk has been around, over Center Honor in 1994, the Pulitzer Prize in Illinois, Indiana, and Florida. 650 million Mr. Yuk poison prevention stickers Music in 1995, membership in the American I would like to thank Dan for his strong lead- have been distributed to households across Academy of Arts and Letters in 1986, and a ership in the banking industry and his contin- the United States and the United Kingdom. Grammy Award in 1966. ued determination to reach beyond the tradi- This year, Reykjavik, Iceland joined the Mr. The night before Morton Gould's death, the tional boundaries of banking. Yuk poison prevention program as part of its U.S. Military Academy Band honored him with f effort to reduce the incidence of childhood an exclusive performance of his works. Mr. poisonings. Gould attended the concert and received a TRIBUTE TO MARIE HANLON The Pittsburgh Poison Center, affiliated with standing ovation for not only his own distin- the Children's Hospital of Pittsburgh, has guished accomplishments, but for the legacy HON. MARGE ROUKEMA grown from a small, local initiative in 1971 to he leaves future generations of musicians. OF NEW JERSEY a major centerÐone of only 42 certified re- Rising out of the ashes of the Great Depres- IN THE HOUSE OF REPRESENTATIVES gional poison information centers in the United sion, with a strength of spirit and a dedication StatesÐthat responds to 140,000 calls per to his art, Mr. Gould used his music and his Tuesday, March 12, 1996 year, of which 40,000 are actually poison humanity to touch others. How fitting it is that Mrs. ROUKEMA. Mr. Speaker, I rise to con- emergencies. The center is open 24 hours a the last musical experience of his earthly life gratulate Marie Hanlon, a dedicated teacher day and employs registered nurses who are was a tribute to those ideals. who is retiring after 44 years of consecutive clinical toxicologists and certified specialists to On a personal note, I was first touched by service with the Hillsdale Public Schools in provide lifesaving poison information to resi- Mr. Gould's music as a first grader, when a re- Bergen County, NJ. Perhaps in some small dents of Western Pennsylvania. Research cording of ``American Salute'' was played in way this CONGRESSIONAL RECORD will serve as shows that 90.4 percent of all poisonings my music appreciation class at Lakeview Ele- a well-deserved ``Mrs. Hanlon's Opus.'' Mrs. occur in the home and 54 percent of all mentary School in Lorain, OH. It is a splendid Hanlon is a wonderful educator who has com- human exposures in 1994 occurred in children pieceÐweaving the patriotic march theme of mitted her life to helping young people. She under 6 years of age. Since Mr. Yuk's arrival, ``When Johnny Comes Marching Home Again'' has been in the forefront of innovation and the number of poison-related deaths has through a tapestry of other well known Amer- progress, improving the standards of public dropped in Allegheny County, PA; from be- ican folk songs. What an honor it was, 35 education at every turn. tween three and five per year to between one years later, for me to meet the maestro him- Mrs. Hanlon joined the staff of the Hillsdale and two. self in my Capitol Hill office and thank him for school system in 1952 as a fifth-grade teacher Mr. Speaker, I hope that my colleagues will the musical gift he gave me as a child. Thank at the George White Elementary School. She join me in recognizing the critically important you, Mr. Gould. We shall miss you. taught at that school for 4 years until March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E333

Smith Elementary School opened in 1956. At Speaker GINGRICH in his pre-Speaker days and tried to muzzle the same freshmen who Smith, Mrs. Hanlon became a team teacher proved very effective in using extremely nega- memorized his list. He understands, more with Howard Schultz and together they intro- tive, demeaning language about his opposi- than anyone, that burning down the estab- duced the school's class in astronomy. Their tion, and unfortunately, in politics as in other lishment in 1996, as some of the upstart Re- publicans have suggested, ‘‘threatens’’ to fifth grade classes would return to the school ventures, success often breeds imitation. ‘‘devour’’ a Republican Congress, not a at night for star-gazing from the front lawn. We cannot effectively diminish the unfortu- Democratic one. Since the school had no library, the two teach- nate excessive reliance on rhetoric of this sort None of this seems to bother the bombastic ers spearheaded the Library Club of America. without understanding what causes prolifera- Buchanan, who has his eye on the White Mrs. Hanlon changed schools again in tion, and I therefore ask that David Grann's House. The commentator of ‘‘Crossfire’’ has 1964, with the opening of Meadowbrook Ele- very thoughtful analysis be printed here. his own personal political dictionary. (Re- mentary School. As a pioneer in team teach- THE DANGERS OF NEWTSPEAK member ‘‘pusillanimous pussyfooters?’’) But ing, she was chosen as team leader for the In 1989, Rep. Newt Gingrich (R-Ga.) de- Gingrich, however ruefully, has given him fifth grade and developed a superior program clared that ‘‘nobody would notice if you de- something more important than works: a re- capitated the top 12,000 bureaucrats and ceptive audience. in team teaching. She studied team teaching The irony is that Gingrich’s revolution, de- started over.’’ In 1994, sensing a GOP victory, in Massachusetts and designed an open spite the rhetoric, is relatively mainstream; classroom and open media center at the leader of the Republican revolution denounced the Democratic Congress as ‘‘the a balance budget amendment, a line item Meadowbrook. enemy of ordinary Americans.’’ veto and tort reform are not exactly radical. During 28 years at Meadowbrook, Mrs. Today, Pat Buchanan beckons his brigade Yet, as Gingrich has long noted, words have Hanlon established Colonial School Day, of ‘‘peasants with pitchforks’’ to storm the power. And political cries for revolution, which evolved into Colonial Capers. She also corrupt establishment and ‘‘lock and load’’ however figurative or fashionable, eventu- established Explorer Day, the Heritage Fest their weapons. ally corrode even the healthiest democracy. But this time the insurgents’ guns are What can be done? To begin with, Repub- and Pioneer Day. Mindful of the value of com- licans can turn to another list of words in- munity cooperation and participation, she de- pointing at Speaker Newt Gingrich. If ideas have consequences, then Buchanan’s peasant cluded in Gingrich’s 1990 mailing. These ‘‘op- veloped and orchestrated the Listening Moth- rebellion is the logical culmination of Ging- timistic positive governing words,’’ the leaf- ers and Teacher Aide programs. rich’s relentless rhetorical warfare against let says, ‘‘help define your campaign and In 1992, with the reorganization of the Hills- Washington. And if lawmakers need to cen- your vision of public service. In addition, dale schools, Mrs. Hanlon was transferred to sor TV violence with a V-chip, then Ameri- these words help develop the positive side of George White Middle School as the fifth-grade cans may soon need a V-chip for politicians. the contrast you should create with your op- team leader, continuing all the programs she In 1990, Gingrich’s now-famous political ac- ponent, giving your community something developed at Meadowbrook. tion committee, GOPAC, sent out a leaflet to to vote for!’’ Republican candidates nationwide titled: Some gentle words for Buchananites: Over the course of her career, Mrs. Hanlon ‘‘share,’’ ‘‘humane,’’ ‘‘listen,’’ ‘‘dream,’’ was a finalist for the New Jersey Teacher of ‘‘Language, a Key Mechanism of Control.’’ Saying many people ‘‘wish [they] could ‘‘peace’’ and ‘‘common sense.’’ But if Repub- the Year and was a recipient of the Gov- speak like Newt,’’ it recommended 60 of the licans keep barking from the other script, ernor's Teacher Recognition Award. She has Speaker’s favorite words to demonize Demo- Gingrich may soon look out the Capitol win- taught two generations of students, including crats and the establishment, including such dow and see an army of peasants with pitch- those who have since become fellow mem- poll-tested treats as ‘‘destroy,’’ ‘‘traitors,’’ forks rising over the Potomac. bers of the faculty, and prominent community ‘‘devour,’’ ‘‘lie,’’ ‘‘cheat’’ and ‘‘threaten.’’ f members such as Karen Arrigot, wife of Mayor ‘‘This list is prepared so that you might THE 100TH ANNIVERSARY OF THE Timothy O'Reilly. have a directory of words to use in writing Members of the Hillsdale school system literature and mail, in preparing speeches, FORMATION OF THE ASSOCIA- and in producing electronic medium,’’ the staff, members of the community and count- TION OF FOOD AND DRUG OFFI- leaflet reads. ‘‘The words and phrases are CIALS less former students and their parents all have powerful. Read them. [Emphasis added.] fond memories and deep debts of gratitude for Memorize as many as possible. And remem- the dedication to their lifetime learning of this ber that, like any tool, these words will not HON. BARBARA B. KENNELLY outstanding teacher. I wish her much-de- help if they are not used.’’ OF CONNECTICUT served health and happiness and many years Republicans, like kids discovering IN THE HOUSE OF REPRESENTATIVES of continued community service. matches, used them again and again. Ging- Tuesday, March 12, 1996 rich, who lit the biggest torch, derided the f House as a ‘‘corrupt institution.’’ ‘‘There are Mrs. KENNELLY. Mr. Speaker, I rise today THE DANGERS OF NEWTSPEAK two realities to the current system,’’ he to recognize a milestone in the United States: railed. ‘‘One is the government is trying to the 100th anniversary of the formation of the HON. BARNEY FRANK cheat you; and the second is the government Association of Food and Drug Officials. is lying to you about what it’s doing.’’ During the latter half of the 19th century, a OF MASSACHUSETTS Other GOP candidates mixed and matched genuine need existed in the United States for IN THE HOUSE OF REPRESENTATIVES the words, finding rich new combinations: an organization to work with the States, Fed- Tuesday, March 12, 1996 the ‘‘liberal’’ ‘‘welfare state’’ ‘‘devours’’ ordinary Americans with its ‘‘traitorous lies.’’ eral regulatory officials, and industry rep- Mr. FRANK of Massachusetts. Mr. Speaker, These verbal assaults fueled Americans’ dis- resentatives on the problems that existed with- there is an increasing agreement in America trust of, and disgust for, Democrats and in the food and drug industries. Numerous that we suffer from the excessively violent and paved the way for the Gingrich revolution. foods were adulterated with a variety of pre- negative tone of political rhetoric. As is often Who, after all, could trust ‘‘a trio of mug- servatives and chemicals, and, as a result, the case when people find something they dis- gers’’ like former Speakers Jim Wright (D- public safety was an omnipresent threat. The like, there is a good deal of discussion as to Texas), Tip O’Neill (D-Mass.) and Tom Foley (D-Wash.) ? purity of drugs represented another health how this unfortunate situation came about. In The problem is that talking ‘‘like Newt’’ issue, for the promotion of fraudulent remedies an excellent article in the Wednesday column has de-legitimized American democracy to was common practice. of the March 6 issue of The Hill, reporter the point that no one—not even Gingrich— As a consequence of these harmful prac- David Grann analyzes this issue and makes can redeem it. Even as the GOP tries to re- tices, numerous States began to pass the point, persuasively and accurately, that form the Washington culture and balance the consumer laws, often with the support of man- Speaker GINGRICH bears a great deal of the budget, Buchanan decries the current estab- ufacturers seeking relief from inequitable com- responsibility for this situation, because of his lishment—to a standing ovation—as ‘‘hollow petition with the impure products. Despite the to the core.’’ creative efforts to encourage his fellow Repub- In such an anti-Washington climate, pro- positive intentions of the laws, they were often licans to escalate the vehemence of their rhe- test candidates like Steve Forbes and Bu- deficient and unenforced due to a lack of con- torical attacks on the Democrats. As Mr. chanan rise because they have never held trol over out-of-State manufacturers. In addi- Grann notes in the article, ``In 1990, Gingrich's public office, while the GOP freshmen, the tion, the manufacturers were subjected to now-famous political action committee, insurgents of 1994, are suddenly derided as varying State requirements, which led to dif- GOPAC, sent out a leaflet to Republican can- part of the problem. ficulties with regard to interstate commerce. Which begs the question: How can a coun- didates nationwide * * * (which) rec- try be governed if anyone who governs it is These problems introduced the need for Fed- ommended 60 of the Speaker's favorite words unworthy of governing? eral food and drug laws to impose uniform to demonize Democrats and the establish- Gingrich, realizing the consequences of his safety regulations in order to protect the citi- ment,''. own words, has sheathed his rhetorical sword zens of every State. E334 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 In 1896, in Toledo, OH, Joseph Blackburn, THE FAMILY SERVICE created. Under the Family Service Improve- the Food and Dairy Commissioner for Ohio, IMPROVEMENT ACT ment Act, a Federal Coordination Council is met with his counterpart from Michigan, Elliot designated to oversee the effort to eliminate Grosvenor, to develop the foundation for an HON. STENY H. HOYER regulations, simplify requirements, and make organization whose mission would be defined OF MARYLAND waiver requests unnecessary. The Council's by the promotion of regulatory uniformity. IN THE HOUSE OF REPRESENTATIVES responsibilities include eliminating unneces- The initial meeting of the National Associa- Tuesday, March 12, 1996 sary and burdensome regulations; developing a single eligibility and application form for a tion of State Dairy and Food Departments, Mr. HOYER. Mr. Speaker, I am very which later became the Association of Food range of services to children and families; de- pleased to introduce the Family Service Im- veloping a single information release form and Drug Officials, occurred on August 25, provement Act of 1996 this afternoon. I have 1897, at the Cadillac Hotel in Detroit, MI. This which can be used to authorize exchange of been working on the concepts behind this leg- information among a number of service provid- meeting was attended by representatives from islation for a number of years. The Family ten States. ers; and developing RFP's which can be used Service Improvement Act will eliminate Fed- to apply for funding from multiple Federal pro- Since it's inception 100 years ago, the eral redtape and unnecessary regulation. It will grams. AFDO has provided the basis for the further- give local programs the flexibility they need to INTERDISCIPLINARY COORDINATION ing of uniform and rational regulations and the address local problems. It should create incen- No effort to make services to families more forum for the exchanging of ideas and the cre- tives for program coordination which serves effective and efficient will succeed unless pro- ation of solutions that win approval of both kids and families better while making more ef- grams which meet different aspects of family government and industry. The AFDO has also ficient use of our resources. And it will de- needs are better coordinated with each other. successfully ameliorated the status of mand accountability based on program results, Cross-program coordination is the key to im- consumer protection in the United States, and not on process and paperwork. proving service quality and efficiency. The it has been in the forefront in support of cru- I believe that a concerted Federal effort to Family Service Improvement Act allows the cial legislation such as the Pure Food and rationalize and coordinate programs for chil- creation of consortia of program providers in a Drug Act of 1906 and the Federal Food, Drug, dren and families is long overdue. Over the community. Consortia members could include and Cosmetic Act of 1938. years, Congress has created hundreds of cat- State, local, or tribal governments, and not-for- egorical programs to help communities and Mr. Speaker, I am honored to celebrate the profit organizations. Each consortium must in- families deal with the myriad of issues con- centennial anniversary of the formation of the clude providers in at least three of the pro- fronting them. Each of the programs was cre- Association of Food and Drug Officials. I know gram areas of education. Head Start, child ated with its own rules and regulations to deal they will continue their proud tradition on into care, job training, housing, nutrition, maternal with a particular problem. Over time, the list of the next century. and child health, family support and preserva- rules and regulations has grown to stifle, rath- tion, juvenile justice, and drug abuse preven- er than support, the very objectives we are try- f tion and treatment. In addition, it creates sev- ing to achieve. eral incentives to encourage coordination, re- TAIWAN NEEDS US In some areas, where local needs don't fit the problems covered by our categorical produce program duplication, and improve serv- grams, our services for children and families ices. HON. GERALD B.H. SOLOMON are vastly inadequate. In other areas, services INCENTIVES FOR COORDINATION overlap and duplicate each other. For exam- As any State or local official who has been OF NEW YORK ple, multiple programs may provide case- involved in the process will tell you, requesting IN THE HOUSE OF REPRESENTATIVES workers to a single family, but each case- a waiver from the Federal Government is time worker deals only with one aspect of that fami- consuming and complicated. Where multiple Tuesday, March 12, 1996 ly's needs. programs are duplicating the same steps, common sense dictates that they ought to be Mr. SOLOMON. Mr. Speaker, I am happy In many programs, caseworkers spend far able to join forces without going through the today to give strong support for the resolution too much time dealing with redtape and paperwork, juggling multiple programs with multiple hoops of requesting a waiver. introduced yesterday by Mr. COX, myself, the For example, authorizing legislation requires Republican leadership and 82 bipartisan Mem- eligibility criteria, application processes, and service requirements. The Federal Govern- many programs to assess community needs bers, expressing our continued and unequivo- each year and to provide case managers to cal support for the Republic of China on Tai- ment has created hundreds of different taps through which assistance flowsÐand commu- assist families. We certainly want programs to wan. Mr. Speaker, the Clinton administration's plan based on community needs, and to per- response to the increasingly strident threats nities, programs, and families must run from tap to tap with a bucket to get the help they form case management, but it simply doesn't made toward the Republic of China has been make sense for each program to repeat work almost nonexistent. They have pointedly re- need. As an appropriator, I am particularly condone by several others. Under the Family fused to commit to the Republic of China's de- cerned that our tax dollars be spent efficiently Service Improvement Act, a consortium of fense in the event that Communist China and effectively. In 1994, I asked the Depart- three programs which are required to do a should invade or attack our friends in Taiwan. ment of Education to convene a working group community needs assessment and to provide The administration's deliberate ambiguity in on coordinated services to make rec- a case worker to the same family would be this matter sends absolutely the wrong mes- ommendations for such a Federal effort. The automatically exempted from meeting such du- sage to Beijing, and practically invites an es- working group was headed by Jeanne Jehl plicative requirements as long as the require- calation of an already tense situation. from the San Diego public schools, whom I ment was met by the consortium or one of its The Taiwan Relations ActÐthe law of the would like to thank for her outstanding work. members. Consortia will then be permitted to land in our dealings with the Republic of The working group, which met through 1995, spend these funds to expand or improve their China, despite what Beijing would care to included Federal employees and people from services. think, has at its core our desire to see dis- State and local governments and organiza- In addition, the Family Service Improvement putes between Communist China and the Re- tions across the country. I was particularly Act would allow consortia to set aside up to 10 public of China settled peacefully. We must pleased that Maryland's outstanding Super- percent of their Federal funds in a flexible make it clear to the rulers in Beijing that the intendent of Schools, Dr. Nancy S. Grasmick, fund. This flexible fund must be used to ex- United States intends to live up to its commit- was able to participate in this effort. The Fam- pand or improve services consistent with the ments under this law, and I think that this res- ily Service Improvement Act is based on the programs run by the consortium. This provi- olution will help to demonstrate in no uncertain recommendations of that group. sion will give service providers much needed terms that we take this obligation very seri- FEDERAL FIXES FOR FEDERAL PROBLEMS flexibility to meet local needs which might not ously. While I applaud the efforts of several of my be anticipated by our Federal rules and regu- I would ask all of my colleagues here in the colleagues in developing waiver bills which are lations. House to support House Concurrent Resolu- now under consideration by this Congress, I ACCOUNTABILITY tion 148. The people of the Republic of China believe that the Federal GovernmentÐnot What counts in human service programs is on Taiwan need us, and the dictators in local programsÐshould have the responsibility performance: Are our programs working? In- Beijing need to hear from us. of fixing the problems the Federal Government stead of measuring input and process, we March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E335 should be measuring outputs. Is the infant As an ally, the United States must stand by STATEMENT BY RABBI ISRAEL mortality rate going down? Are kids staying in Israel and strongly support Israel's decision to ZOBERMAN CONGREGATION school? Are kids learning more in school? Are make its people's security its top priority. PLO BETH CHAVERIM VIRGINIA parents gettingÐand keepingÐjobs? Chairman Yasser Arafat must immediately BEACH, VA In an atmosphere of waivers, flexibility, and eliminate Hamas as a political organization interdisciplinary coordination, the challenge of and the Palestinian Authority must stop the HON. OWEN B. PICKETT program evaluation becomes even more dif- charade of Hamas masquerading as a chari- OF VIRGINIA ficult. The Family Service Improvement Act table group. Legitimate charitable activities IN THE HOUSE OF REPRESENTATIVES creates what I believe is a workable system should be assumed by the Palestinian Author- Tuesday, March 12, 1996 for both tracking and evaluating the impact of ity. our Federal investment in these programs. Mr. PICKETT. Mr. Speaker, I offer for inclu- Many States are moving toward this focus Terrorism threatens every country, including sion into the CONGRESSIONAL RECORD this on results, and have already identified State the United States and no country can afford to statement made by Rabbi Israel Zoberman of goals such as improved employment, reduced sit idly by. As we learned at the World Trade the Congregation Beth Chaverim in Virginia crime, increased high school completion and Center and Oklahoma City, what has hap- Beach, VA, on February 16, 1996, at his re- decreased infant mortality. Under the Family pened in Israel can happen in our country as quest. Services Improvement Act, a number of con- well. A JEWISH RESPONSE TO THE RELIGIOUS RIGHT sortia will develop plans which identify goals One of the poignant lessons of the Jewish taken from their State's list. The consortia will My heart goes out to all those affected by people’s story is not to take for granted a be responsible for collecting data over time to terrorism in the Middle East and I urge my col- hospitable environment which confers equality on all its children. That must mean that measure progress toward these goals. Data leagues to pass House Concurrent Resolution 149, of which I am an original cosponsor. we have a stake in preserving and enhancing will be collected on a community-wide basis the quality of American Life. Eternal vigi- as well as disaggregated by appropriate lance is the non-negotiable price that comes subgroups as identified by the consortium, and f along with the previous benefits of a great published. democratic system of government. I believe the results of this demonstration COMMEMORATING THE The United States has flourished due in will show that four purposes are met by col- RETIREMENT OF NANCY FASIG large measure to its built-in pluralism, a complex and delicate texture that would un- lecting and publishing data in this way. First, ravel without one essential thread—the tra- collection of data will show how well the pro- ditional separation between church and state grams accomplish their goals for all people in HON. GLENN POSHARD as guaranteed in the First Amendment to the community, and allow the consortium to OF ILLINOIS the Constitution. improve and adapt services as necessary. That principle has been under attack by This information will become a valuable diag- IN THE HOUSE OF REPRESENTATIVES powerful forces committed to replacing the nostic tool for improving services. Second, enviable American way of life with their own Tuesday, March 12, 1996 sectarian vision. The Religious Right, poten- publication of data will create bottom-up pres- tially embracing fifty million Americans, sure within the community to serve all seg- Mr. POSHARD. Mr. Speaker, I rise today to first flexed its considerable muscle at the ments of the community. Third, disaggregation pay tribute to a dear friend. Nancy Fasig of 1980 presidential elections and has kept of data will help to prevent programs from Marion, IL, is retiring after 17 years of service faithful to its promise to try to change cherry-picking the best clients just to improve with the Nutrition Education Program [NET], America as we know it. The proponents of their outcome statistics, and will create incen- our nation as an exclusively Christian one, which is administered by the Southern Illinois have proven to be creative and resourceful. tives to address the needs of the hardest to Regional Education Service Center [SIESC]. I Let us not take lightly a movement with a serve as well as the easiest. And fourth, col- was the assistant director of SIESC in the sense of mission, particularly one with a lection of this type of data will allow the Fed- mid-to-late 1970's, and had the pleasure to mixture of religious and political aspirations eral Government to evaluate the effectiveness work with Nancy during these years. She was that also happens to have friends in some of the highest offices in the land. In spite of its of its financial investment in these programs. not only a model of efficiency and skill, but the The Federal Government must demonstrate flirtation with the State of Israel, I assume kind of person who truly brightened the work its leadership in promoting flexibility, demand- that the Religious Right counts the Jews ing accountability, and eliminating redtape. We environment and made it a better place to be. among those who will yet have to see the It is with great admiration that I wish her a light. must get rid of the ``taps and buckets'' ap- There is surely a no better place to begin proach, and instead create a seamless flow of happy retirement and best wishes on her future endeavors. implementing one’s radical plan than in the assistance that truly meets the needs of chil- mind of a child. It is no wonder then that our dren and families. The Family Services Im- Politics is full of talk these days about family public schools have turned into contested provement Act is an important step in that di- values and positive role models. There are arenas, with children becoming pawns in a rection. few greater examples of family values than scheme to recreate American society. I believe that God should, indeed, be present in f Nancy. She has given her all to her family. our public educational system, but not in a HOUSE CONCURRENT RESOLUTION Nancy and her husband, Joe, have 5 kids, subjective manner upholding a certain reli- 149 and have been blessed with 11 grandchildren. gious approach clearly identified or nebu- Nancy stayed home with the children until they lous. God is found where caring, sensitivity, SPEECH OF were in school, and then went to work for concern and learning permeate the class- NET. In many ways these two roles were simi- room, where a student’s and teacher’s sacred HON. RICK LAZIO heritage and secular curriculum are not lar. As a mother, she guided her kids through OF NEW YORK compromised by undue pressure to conform IN THE HOUSE OF REPRESENTATIVES the trials and tribulations of growing up, while to enforced guidelines of religious expression at work she made sure the office functioned of whatever type. The Book of Genesis was Tuesday, March 12, 1996 on an even keel. The effort involved in doing not intended to be a scientific textbook. Its Mr. LAZIO of New York. Mr. Speaker, I rise both of these roles well is monumental, and thrust was and remains to instill an appreciation for revered ideas and principles. The today to strongly condemn the cowardly acts the true embodiment of dedication, sacrifice, of wanton terrorism that have resulted in the cause of religion is best served when its and love. teachings and guidelines are expounded upon deaths and wounding of innocent Israeli civil- in one’s church, synagogue and mosque, ians in the past few weeks and to urge my Mr. Speaker, in a larger sense, we all owe a debt of thanks to Nancy and other commit- where interpretation is offered according to colleagues to unanimously support House one’s traditions. Concurrent Resolution 149. ted parents like her. To raise healthy and pro- While we should be candid about our fun- Terrorism must not triumph. The terrorist ductive children is too often an unsung accom- damental disagreement with the Religious groups responsible and those who support plishment in our society. It is in fact, the heart Right, we are duty-bound to emphasize to its them must be held accountable. All civilized of family values. It has been my great honor supporters and to ourselves that we also to know and represent Nancy Fasig in the share a common agenda. governments should assist Israel's efforts in its The urgent need to stringent family life, counterterrorist efforts, and I commend all the U.S. Congress. It is also my sincerest hope though we part ways on the issues of repro- nations who are attending the antiterrorism that she now reaps the reward of her labors ductive choice and life styles. The signifi- conference this week in Egypt. by enjoying her family for years to come. cance of transcendent values and time-tested E336 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 ideals in a pervasively secular and material- women and girls are killed because of their FOREIGN RELATIONS istic environment. The positive contribution gender. AUTHORIZATION ACT religion can and should make to the individ- The bond between women at the conference ual and community. The obligation to con- was also a reflection of the commitment that sciously remedy the ills and shortcomings these thousands of women had to make to re- HON. FRANK PALLONE, JR. we face. alize the changes that are necessary at the OF NEW JERSEY Working together on these weighty themes local, national and international level to as- IN THE HOUSE OF REPRESENTATIVES which unite us all, would hopefully provide sure that women have equal human rights. us the indispensable platform to discuss dif- Tuesday, March 12, 1996 At the opening ceremony to the NGO con- ferences of purpose and approach. Our oppo- Mr. PALLONE. Mr. Speaker, the Foreign nents need to know that a wrong kind of ference NGO participants sang ‘‘I’m going to fight for women’s freedom, never turning Relations Authorization Act which the House medication can be fatal to a patient. So it is passed today in a vote that went largely, with improper means employed toward bene- back, never turning back.’’ I think of these ficial ends. words and the conference and I am recom- though not entirely, along party lines, was an We Jews are not alone in our apprehension, mitted and energized to help my own com- uneven piece of legislation at best. I opposed joined as we are by concerned fellow-Ameri- munity move forward more quickly toward the bill because I think it represents a retreat cans across lines of religious and political af- equal human rights for women and girls. from America's historic mission to promote de- filiation. Only through such a wide coalition, mocracyÐparticularly in those lands that were will we respond most effectively to the chal- f until recently ruled by tyranny and dictatorship, lenges confronting the entire American sys- such as those nations formerly part of the So- TEEN PREGNANCY tem. A time of crisis is a time of oppor- viet Union. tunity. May we all dedicate ourselves anew to the kind of America we dare not do with- But I rise to express praise for one provision out. HON. ROSA L. DeLAURO of the bill included by the gentleman from New Rabbi Israel Zoberman is the spiritual Jersey [Mr. SMITH], known as the Humani- leader of Congregation Beth Chaverim in OF CONNECTICUT tarian Aid Corridor Act. I was an original co- Virginia Beach, Virginia, and past president IN THE HOUSE OF REPRESENTATIVES sponsor of this legislation, which has broad bi- of the Hampton Roads Board of Rabbis and partisan support. As the cochairman of the Ar- the Virginia Beach Clergy Association. Tuesday, March 12, 1996 menian Issue Caucus, along with the gen- f Ms. DELAURO. Mr. Speaker, I rise in sup- tleman from Illinois [Mr. PORTER], I have INTERNATIONAL WOMEN’S DAY port of the President's National Campaign to worked for enactment of this provision. Prevent Teen Pregnancy. Mr. Speaker, the Humanitarian Aid Corridor Act would withhold U.S. aid to nations which SPEECH OF The mission of the National Campaign to are blocking congressionally approved human- Prevent Teen Pregnancy is to reduce teen HON. NEIL ABERCROMBIE itarian assistance to other countries. It re- pregnancy by promoting values and stimulat- OF HAWAII quires all U.S. aid recipients to allow ing actions that are consistent with a preg- unencumbered delivery of humanitarian assist- IN THE HOUSE OF REPRESENTATIVES nancy-free adolescence. This is a mission that ance. The Republic of Turkey has imposed a Wednesday, March 6, 1996 everyone can support. Furthermore, the cam- blockade on the neighboring Republic of Ar- paign establishes the goal of reducing the na- Mr. ABERCROMBIE. Mr. Speaker, I rise menia, preventing the delivery of food, medi- tional teenage pregnancy rate by one-third by today to share the experiences of Pamela Fer- cine, and other humanitarian relief supplies to the year 2005. guson-Brey. She is the Honolulu League of Armenia. Much of this aid originates in the Women Voters Human Resource chair and I wholeheartedly support the methods and United States. While we may not be able to she atteded the U.N. Fourth World Conference targets set by the President's campaign. If we deter every country in the world from resorting on Women in Beijing, China. are to stop the cycle of children having babies to the disruption of humanitarian aid as a In September, 1995, I joined women from in this country we must make the President's weapon against their neighbors, we can make around the world at the United Nations goal a reality. The success of this campaign is sure that such countries do not get a dime of Fourth World Conference in China. The Non- imperative to the healthy development of American aid as long as they undermine our Governmental Organization (NGO) con- young girls and children throughout the Na- foreign policy objectives. ference provided a platform for community tion. organizations from around the world to in- Luckily, Mr. Speaker, this provision was also fluence their governments to move more As poverty is a strong predictor for teen included in the Foreign Operations Appropria- quickly toward equal rights and human pregnancy, teen pregnancy is a near certain tions bill that the President signed into law last rights for women and girls. The NGO forum predictor of poverty. In my home State of Con- month. Mr. PORTER and I currently have a also provided women from around the world necticut, the Department of Public Health Dear Colleague letter circulating urging the ad- with a forum to highlight issues from their Records reported 3,757 teen births in 1993. In ministration to strictly enforce this provision of neighborhood, town, city, region, and coun- New Haven, the biggest city in my district, law. While it is my hope that we can ultimately try and brought participants together to discuss local, national, international solutions there were 354 teen births reported that year. enact the Corridor Act as a permanent law in to these issues. These figures do not account for all the teen a constructive, bipartisan manner, I am pre- The NGO conference was an overwhelming pregnancies in a given year, but they do indi- pared to work through the appropriations proc- experience. From the moment that I first cate the enormity of the problem and the need ess, as we successfully did last year, to keep boarded the plane to China and during the for immediate action. the Corridor Act in force. conference there was an unspoken acknowl- We must instill in our children the impor- f edgment, a bond and an excitement between the conference participants. Tens of thou- tance of making responsible choices in life. BALANCED BUDGET sands of women from around the world to- Clearly, bringing a baby into the world without DOWNPAYMENT ACT, II gether for one purpose—to accelerate the the emotional maturity and financial resources movement of governments toward equal to raise a healthy child is not in the best inter- SPEECH OF human rights for women and girls. While we est of either the parents or the newborn. Dis- were strangers and did not all speak the cussing the value of personal responsibility HON. NANCY PELOSI same language or have the same customs, we and providing information to children on this OF CALIFORNIA all shared a unique understanding about our issue are tools that will work to prevent teen IN THE HOUSE OF REPRESENTATIVES status as women. As women, we know what it means to be denied human rights because mothers and fathers. The President's cam- Thursday, March 7, 1996 of our gender status. As women, we know paign expands the scope and reach of this dialogue through the media, schools, and civic The House in Committee of the Whole what is means to be afraid of violence be- House on the State of the Union had under cause we are not safe in our streets or in our activities. consideration the bill (H.R. 3019) making ap- homes. We know what is means to be denied I am a proud supporter of the National Cam- propriations for fiscal year 1996 to make a equal access to reproductive and medical paign to Reduce Teen Pregnancy. Through further downpayment toward a balanced care. We know what is means to be denied a budget seat at the table when policy decisions are education and communication the campaign being made about our lives and rights. And will be an effective tool to assist young women Ms. PELOSI. Mr. Speaker, I rise to day in we know that in over a dozen counties, and young men with the dilemma of teen strong support of the Lowey amendment, through infanticide and dowry deaths, pregnancy. which deletes the provision in this legislation March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E337 permitting States to decide whether to use SPEAKER PRINGLE’S STRAIGHT nately, the Clinton administration is stand- Medicaid funds for abortions in the case of TALK ON WELFARE REFORM ing in our way. rape or incest. In July 1994, California passed common- This provision is cruel, unfair, and has no sense ‘‘family cap’’ welfare reform legisla- HON. GEORGE P. RADANOVICH tion to end the perverse practice of increas- place in any legislation, but most particularly OF CALIFORNIA ing payments to welfare recipients who have not in this already troubled omnibus appropria- IN THE HOUSE OF REPRESENTATIVES additional children. This practice usurps the tions bill. Tuesday, March 12, 1996 role of husbands and drives men away from States should not be given the option of their families. But officials at the federal providing coverage of these services under Mr. RADANOVICH. Mr. Speaker, President Department of Health and Human Services the guise of States' rights. States have the Clinton has talked a good game on welfare re- have denied the necessary federal waiver choice whether or not to participate in the form, particularly when the cameras were fo- that would allow California to implement its Medicaid ProgramÐthey do not and should cused on him during the State of the Union law. Our citizens are being held hostage by the not have the option to pick and choose which Address. But his two vetoes of welfare reform federal welfare system, and there is nothing procedures they will cover. legislation speak much louder than his crowd- we can do about it. The provision in this bill clearly discriminates pleasing rhetoric. As we, in Congress, con- How can we possibly move Californians against victims of crime. It blames the victim tinue to pursue an overhaul of the current sys- into the work force when federal welfare pro- and forces her to accept the responsibility and tem, the California legislature has moved grams pay them the equivalent of $11.59 an consequences resulting from the violent crime ahead with its own welfare reform legislation, hour not to work? That’s 270% more than perpetrated against her. Indigent women who designed to restore work incentives and help they can earn with a full-time, minimum- are victims of rape or incest have already people on welfare become independent and wage job. And how can we discourage teen- been brutally assaulted once by their age girls from getting pregnant and dropping productive citizens. out of school when Washington tells them attackerÐthis provision will make them victims The speaker of the assembly, Curt Pringle, that for as long as they don’t work, don’t get of a second brutal assault, this time by the has been a leader in California's welfare re- married and don’t live at home, the govern- Government that pledges to assist and protect form effort. In the March 4, Los Angeles ment will provide them with free money, them. Times, Speaker Pringle correctly pointed out free food and a free apartment? I urge my colleagues to protect the rights of that President Clinton, far from being a leader We must take matters into our own hands. poor and vulnerable victims and vote ``yes'' on in welfare reform, is actually its major impedi- California will soon pass the most sweeping the Lowey amendment. ment. California and the other States cannot welfare reform legislation in the nation’s history. The plan will replace the current f reform their welfare programs without Federal welfare system with temporary assistance approval. If President Clinton had approved CONGRATULATIONS ON 25 that focuses on reuniting broken families the legislation sent to him by the 104th Con- SUCCESSFUL YEARS and moving the abled-bodied back into jobs. gress, California would not have to go through The plan also removes disincentives to an extremely difficult and time-consuming Fed- marriage, work and self-responsibility by es- HON. JOE KNOLLENBERG eral waiver process in order to implement its tablishing flat grants, no higher than mini- OF MICHIGAN own reforms. California could be moving for- mum wage, that do not increase according to IN THE HOUSE OF REPRESENTATIVES ward with its reforms right now. family size. After all, it is unfair to tax low- Tuesday, March 12, 1996 Given the continued urgency of this issue, I income working mothers whose wages are not based on family size and use the money Mr. KNOLLENBERG. Mr. Speaker, I rise would like to request that Speaker Pringle's to subsidize welfare recipients who choose to today to honor any friends at Southfield Chris- excellent commentary be entered into the have more children. Fairness and self-reli- tian School on their 25th anniversary celebra- RECORD at this point. ance will be the cornerstones of California’s tion. [From the Los Angeles Times, March 4, 1996] new welfare system. With a deep-seated commitment to a strong CLINTON ISN’T DOING CALIFORNIA’S POOR ANY But without federal approval, these re- FAVORS forms cannot be implemented. program of moral and character development, The president says that states must be (By Curt Pringle) Southfield Christian has set new standards for given more flexibility to do the things they excellence among Christian schools. President Clinton said, ‘‘I believe we want to without seeking waivers. But by In fact, Southfield Christian was one of only should ship decision-making responsibility blocking reform efforts in Washington, the two schools nationally to receive the pres- and resources from bureaucracies in Wash- president has proved again that he cannot be tigious Blue Ribbon Exemplary School Award ington to communities, to states and, where trusted. we can, directly to individuals.’’ When he from the U.S. Department of Education. California must be allowed to implement makes statements like that about welfare re- its welfare reform measures without seeking With a program emphasizing both academic form, does he seriously expect us to believe excellence and a commitment to developing waivers. him any more? We will fight destructive federal welfare character and integrity, Southfield Christian Since his campaign pledge in 1992 to end programs all the way to the Supreme Court has a solid track record of success. welfare, the president has blocked every seri- if necessary, until out citizens and families More than 75 percent of their student body ous reform effort presented. Last year he ve- can once again set their own course for op- achieves honor roll status. The annual college toed important congressional block grant portunity. legislation, for which he had earlier indi- acceptance average is over 95 percent and, in f last year's senior class, 99 percent were ac- cated support, which would have given state and local governments more flexibility and TRIBUTE TO JOEL VATTENDAHL cepted to colleges. And finally, nearly 77 per- control over reform efforts. And last week cent of the students at Southfield Christian before a Senate panel, Health and Human score nationally in the top quarter on national Services Secretary Donna Shalala an- HON. GERALD D. KLECZKA standardized tests. nounced that the president will reject the OF WISCONSIN Not only are they academically outstanding, National Governors Assn.’s bipartisan plan IN THE HOUSE OF REPRESENTATIVES the school and its student body is involved in to salvage welfare reform this year. Tuesday, March 12, 1996 the local community as well. The annual fall The president’s words of reform offer up drive for the needy yielded more than 800 win- hope, but his actions betray us at our most Mr. KLECZKA. Mr. Speaker, I rise today to desperate hour. pay tribute to my friend, Mr. Joel Vattendahl, ter coats, hundreds of cans of food and more California, like so many states, is hurting. than 7,000 quartersÐin honor of their 25th an- Our social fabric is being ripped apart by fed- who retired from the United Steelworkers of niversaryÐfor the purchase of children's Bi- eral welfare programs that discourage work, America in December 1995. bles. deprive citizens of self-respect and dignity, Throughout his career, Joel worked tire- With state-of-the-art facilities and a loyal, create long-term intergenerational depend- lessly on behalf of the working men and committed alumni, the future looks very bright ency and compromise the well-being of our women of Wisconsin. Joel's career in the labor for the next 25 years and beyond. children. After $5.4 trillion spent over the movement began in 1965 when he was ap- Strengthened by their commitment and re- last 30 years for social welfare, we now real- pointed staff representative with the United solve to install morals and values in our future ize that the federal government’s failed ‘‘war Steelworkers. In 1981, he was elected to the on poverty’’ has actually been a war on the leaders, I extend my heartiest congratulations values of its own citizens. position of director of United Steelworkers Dis- on your 25th anniversary. I am very proud of We must replace the welfare system in trict 32. Joel effectively served in this position Southfield Christian, their staff, and the stu- California immediately, before we lose an- until June 1995. He announced his retirement dent body. Keep up the great work. other generation of poor children. Unfortu- in December 1995. E338 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 In addition to his outstanding work with the Marian Wright Edelman. We should remember aims at removing the obstacles to women's Steelworkers, Joel has played a crucial role in and honor women scientists, such as Marie active participation in all spheres of public and directing the course of Wisconsin's labor Curie, Margaret Mead, and Rachel Carson; private life through full and equal share in eco- movement and has also been very active in a and women educators, such as Mary McCleod nomic, social, cultural, and political decision- variety of local and community affairs. From Bethune and Maria Montessori. making. It promotes the principle of shared 1981 until his retirement, Joel served as a We should remember and honor women power and responsibility between women and member of the executive board of the Wiscon- writers, such as Jane Austen, Mary men at home, in the workplace, and in the na- sin State AFL±CIO. He also was a member of Wollstonecraft Shelley, Harriet Beecher Stowe, tional and international communities. It advo- the Worker's Compensation Advisory Council Gertrude Stein, Virginia Woolf, Amy Chan, cates eradication of all forms of discrimination and the University of Wisconsin Board of Re- Alice Walker, Maxine Hong Kingston, Toni against women. gents. His outstanding efforts with these and Morrison, Simone de Beauvoir, Bing Xin, and The Platform for Action calls for strategic many other organizations have helped to im- Taslima Nasrin; and poets, such as Elizabeth action in the following areas of concern: pov- prove and maintain the quality of life for peo- Barrett Browning, Emily Dickinson, Maya erty, education and training, health care, ple throughout our State. Angelou, and Juana Ines de la Cruz. We women-focused violence, armed conflict, eco- Mr. Speaker, on behalf of the working men should likewise remember and honor women nomic structures and policies, the sharing of and women of the State of Wisconsin, I would artists, such as Georgia O'Keefe, Maria Mar- power and decision-making, advancement of like to thank Joel Vattendahl for his three dec- tinez of San Ildelfanso, and Frieda Kahlo. women, promotion and protection of women's ades of service and dedication. I wish him a And we should remember and honor women human rights, stereotyping of women in the happy and healthy retirement. government leaders, such as Barbara Jordan, media, natural resources and the environment, f Bella Abzug, Shirley Chisholm, Geraldine Fer- and discrimination against girls. raro, Janet Reno, Dr. Joycelyn Elders, Wilma Realizing these goals and addressing these COMMEMORATION OF WOMEN’S Mankiller, and Agnes Dill; and such inter- areas of concern will require a commitment by HISTORY MONTH national women leaders as Sylvia Kinigi, governments, international institutions, non- Prime Minister of Burundi, Lidia Geiler, Presi- governmental organizations, and the private HON. RONALD V. DELLUMS dent of Bolivia; Siramezo Bandaranaike, Prime sector throughout the world. Let us all here in OF CALIFORNIA Minister of Ceylon; Corazon Aquino, President Congress commit to doing our part to help realize these goals and address these concerns IN THE HOUSE OF REPRESENTATIVES of the Philippines; Indira Gandhi, Prime Min- in our country and in other countries. To this Tuesday, March 12, 1996 ister of India, Benazir Bhutto, Prime Minister of Pakistan; and Mary Robinson, President of end, I am pleased to join my colleagues in the Mr. DELLUMS. Mr. Speaker, I rise today to Ireland. We should also remember such inter- House in cosponsoring and supporting H. commemorate Women's History Month. This is national leaders as Wangari Maathai, Kenyan Con. Res. 119, a resolution to support the a time to remember that women in this country environmentalist; Aung San Suu Kyi, Burmese commitments made by the United States at and all over the world have historically been democracy activist and Nobel Peace Prize the Fourth World Conference on Women, and subject to oppression. This is a time to re- winner; Rigoberta Menchu', Guatemalan Nobel ask the entire body to do so. Additionally, we member that women in this country and all Peace Prize winner; Radhika Coomaraswamy, should ask our colleagues in the Senate to do over the world have been fighting and over- Sri Lankan academic and U.N. Special their part by immediately considering giving its coming this oppression within the context of Rapporteur on Violence Against Women; advice and consent to the Convention on the their own cultural traditions. This is a time to Gabriela Mistral, Chilean educator, poet, and Elimination of All Forms of Discrimination mourn the oppression of the past and present member of the U.N. Subcommission on Against Women, now before the Senate. This and celebrate the empowerment of women in Women; Sonia Picado, Judge on the Inter- Convention will do much to help realize wom- the present and in the future. American Court of Human Rights; and Ger- en's rights around the world. It entered into Let us remember that the same fundamental trude Mongella, Tanzanian government min- force on September 3, 1981, and more than rights and freedoms held by men are also held ister and organizer of the Fourth U.N. Con- 80 nations are already parties. Again, Mr. Speaker, on this day, it is an by women, that women have the same rights ference on Women. to freedom of expression and religion, to indi- These are only a few of the many noted honor to pay tribute to women and celebrate vidual autonomy and privacy, and to vote and women of the arts, sciences, and leadership Women's History Month. hold government office; that women have the who deserve mention. In addition to these f right to an equal education, equal opportunity women, we should acknowledge and honor all URGING MEMBERS TO READ in employment, and equal pay for equal work; the unsung women who work tirelessly for little ABOUT HUMAN RIGHTS IN BOLIVIA and that women have the right to be free from or no pay in the home and in the charitable sexual discrimination and harassment, sexual sector. HON. JIM McDERMOTT and physical assault, and spousal abuse. Women's rights has been on the inter- OF WASHINGTON I challenge my colleagues to remember and national agenda since 1975, when the U.N. IN THE HOUSE OF REPRESENTATIVES honor women who have made their mark on General Assembly declared 1975 the Inter- history, and whose work for recognition of national Women's Year, and when 1976±85 Tuesday, March 12, 1996 women's rights and freedoms has benefited was declared the U.N. Decade for Women. In Mr. MCDERMOTT. Mr. Speaker, I would like both women and men. These countless 1985, a U.N. Conference on Women was held to take this opportunity to enter into the women include: Susan B. Anthony, Sojourner to evaluate achievements made and work still RECORD this letter to Secretary of State War- Truth, Belle Hooks, and Flo Kennedy, advo- to be done to realize women's rights. Much ren Christopher regarding human rights in Bo- cates for the rights of women and African progress has been made since 1975, but still livia. Twenty-eight nongovernmental organiza- Americans; Elizabeth Cady Stanton, Lucy much remained to be done. tions from the United States wrote this letter to Stone, Lucretia Mott, Eleanor Roosevelt, Hil- Consequently, last September, in Beijing, ask the United States Government to ensure lary Clinton, Gloria Steinem, Eleanor Smeal, China, the United Nations held the Fourth that Bolivian antinarcotics police receiving and Dr. Homa Darabe, advocates for women's World Conference on Women. At that con- United States assistance comply with Bolivian rights; and Margaret Sanger and Emma Gold- ference, women from all over the world came and international laws when carrying out ar- man, advocates for education, autonomy, and together. These women came from every con- rests and that the United States support Boliv- responsibility concerning sexuality, reproduc- tinent, from every cultural and religious tradi- ian measures to improve human rights. tion, and birth control. tion, from countries of every economic situa- I am particularly interested in this letter be- We should also remember and honor tion, but these women all agreed that women's cause it highlights the human rights situation women civil rights leaders, such as Rosa rights are human rights. They reached con- in the Andean nations receiving antinarcotics Parks, Dorothy West, Dorothy Height, Juanita sensus on a Platform for Action that will be assistance from the United States. I think it is Jones Abernathy, LaDonna Harris, Loretta the cornerstone for realizing equal rights and important that we monitor how U.S. assistance Armenta, Nadine Gardimer, Lani Guinier, and freedoms for women throughout the world. is used to ensure that it is used for its stated Fannie Lou Hamer. We should remember and The Platform for Action recognizes that purpose, and that it does not contribute to honor other social reformers, such as Harriet empowerment of women and equality between human rights violations in the Andean nations. Tubman, Jane Addams, Mother Jones, Doro- women and men are prerequisites for achiev- Our commitment to support human rights thy Day, Clara Barton, Dorothy Dix, Helen Kel- ing political, social, economic, cultural, and en- around the globe requires congressional atten- ler, Florence Nightingale, Mother Theresa, and vironmental security among all peoples. It tion to this matter. March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E339

FEBRUARY 15, 1996. by Bolivian antinarcotics forces. Neverthe- Office of Social Concerns, Maryknoll Sis- Hon. WARREN M. CHRISTOPHER, less, the United States shares responsibility ters. Secretary of State, Department of State, for those abuses. The U.S. government pro- NETWORK: A National Catholic Social Washington, DC. vides funds and technical assistance to all of Justice Lobby. DEAR MR. SECRETARY: We are writing to the Bolivian agencies involved in Open Society Institute. express our deep concern regarding human counternarcotics activities and, as just Pax Christi U.S.A. rights violations occurring as a result of noted, to the antinarcotics courts. Bolivia Peru Peace Network. antinarcotics operations in Bolivia. On has passed laws, created institutions and Sisters of Saint Joseph of Carondelet. March 1, 1996 the Administration is slated to adopted antinarcotics strategies shaped by U.S. Catholic Conference. announce its annual ‘‘certification’’ of coun- U.S. concerns and pressure. Unitarian Universalist Service Committee. tries cooperating with U.S. antinarcotics ob- We urge you to ensure that the U.S. gov- The following individuals also signed on to jectives. As you undertake your review of ernment no longer underwrites human rights the letter: Melina Selverston and Cynthia antinarcotics efforts in Bolivia, we urge you abuses in Bolivia by adopting policies more McClintock. to look closely at those violations to seek sensitive to the political, economic and so- f ways to work with the Bolivian government cial cost of antinarcotics operations in Bo- to implement measures that could improve livia. Specifically, we urge the U.S. govern- the protection of human rights in that coun- AFTERMATH OF THE MARC TRAIN ment to: CRASH; HONORING THE CREW try. Support revisions in Law 1008 which would Human rights abuses remain pervasive in AND THE JOB CORPS ensure that Bolivia’s judicial procedures for the Chapare, the rural area in which most of drug offenses meet international due process Bolivia’s coca is grown and cocaine base pro- norms and standards. duced. For years, the antinarcotics police— HON. STEPHEN HORN Ensure that Bolivian antinarcotics police trained and funded with U.S. assistance—has OF CALIFORNIA receiving U.S. assistance and support comply run roughshod over the local population, car- IN THE HOUSE OF REPRESENTATIVES rying out arbitrary searches and arrests, with Bolivian and international laws when stealing the meager possessions encountered, carrying out arrests. Wednesday, March 13, 1996 Provide the necessary support to enable and manhandling and beating individuals the Bolivian antinarcotics police to establish Mr. HORN. Mr. Speaker, a few short weeks during raids and interrogations. Impunity ago, many Americans were shocked by the for abuses committed by antinarcotics police effective complaint and review procedures to is the norm. If investigations are initiated, hold abusive agents accountable. loss of life in the Amtrak/Maryland Commuter they are cursory and incomplete; sanctions Expand reporting on human rights abuses Rail [MARC] railroad tragedy. Among those are rarely imposed. stemming from antinarcotics operations in who died were eight outstanding young people Social unrest and conflict in the Chapare the State Department’s annual human rights who were turning their lives around: Dante increased significantly over the second half report for 1996. Swain, 18, Baltimore; Michael Woodson, 26, of 1995, as a result of stepped-up coca The issue of drug abuse is important to the American people and deserves the attention Philadelphia; Diana Hanvichid, 17, eratication efforts. Last spring, the U.S. gov- Woodbridge, Virginia; Lakeisha Marshall, 17, ernment sent the Bolivian government a let- of our nation’s leaders. U.S.-supported coca ter stating that Bolivia would be treated as eradication efforts in Bolivia, however, have Capitol Heights, Maryland; Carlos Byrd, 17, ‘‘decertified’’ and therefore ineligible for yielded little results in reducing the amount Baltimore; Claudius Kessoon, 20, Landover, U.S. assistance if it did not, among other of cocaine coming into the United States, Maryland; Thomas Loatman, 23, Vienna, Vir- conditions, meet coca eradication targets. In and few independent observers believe they ginia; and Karis Rudder, 17, Elmhurst, New response to the U.S. ultimatum, the Bolivian can ever succeed in reducing the flow of co- York. Three fine MARC train crew members government stepped up antinarcotics oper- caine to our country. At the same time, they also died while heroically trying to save the have increased social tensions and fostered ations despite well-founded fears that these passengers instead of themselves: Richard actions would unleash a wave of violence. As human rights abuses. In crafting future pol- predicted, the eradication efforts sparked icy, adoption of the measures we have out- Orr, James Quillen, James Majors, all of Mary- violent confrontations with coca growers, re- lined could result in significant improve- land. sulting in at least seven deaths, scores ments in the human rights situation in Bo- The young people were enrolled in the Job wounded and hundreds arrested. Careless and livia and would send an important message Corps at the time of their deaths. They were indiscriminate use of force by the Bolivian to the Bolivian people regarding U.S. con- participants in one of the oldest and most suc- police against those opposing coca eradi- cern for human rights. cessful Federal programs that gives at-risk cation policies is disturbingly frequent. Thank you for your attention to our con- youth a chance to build positive lives for them- Since mid-January, the Bolivian anti- cerns. narcotics police have undertaken massive Representatives from the following organi- selves. They were striving to create the kind of sweeps in the Chapare, arbitrarily detaining zations signed on to the February 15, 1996 let- lives that the MARC train crew members had over three hundred people. Those detained ter to Secretary of State Warren Christopher made for themselvesÐresponsible, productive, are typically held several days and released addressing human rights concerns as a result and hard working. The ideals of the Job Corps without charges; indeed, without ever being of U.S. anti-narcotics policy in Bolivia: represent the dreams of these young people presented to a judge. On January 29, the po- Washington Office on Latin America. and the lives of the MARC train crewmen. lice also broke up a peaceful hunger strike in Maryknoll Society Justice and Peace Of- The Job Corps was born in 1964, during the support of the women protesting the govern- fice. ment’s coca policies and threw over fifty American Friends Service Committee, Great Society of Lyndon Johnson. It is one of people into jail. Neither Bolivian law nor Washington, Office. that era's most productive and effective off- international human rights standards permit Carnegie Endowment for International spring. As the Nation's largest and most com- these warrantless arrests of individuals Peace. prehensive residential job training and edu- against whom there is no evidence of partici- Catholics For Justice, Latin American cation program for at-risk youth, the Job Corps pation in criminal conduct. The government Task Force, Diocese for Kansas City-St. Jo- has provided more than 1.6 million disadvan- is clearly using police powers to stifle lawful seph, Missouri. taged youth with a pathway to prosperity and political opposition to its policies. Given the Center for Concern. proximity of a decision on certification, we Church of the Brethren. productivity. Some Job Corps graduates have also suspect the Bolivian government is de- Clergy for Enlightened Drug Policy. become millionaires, Ph.D.s, judges, psycholo- taining hundreds in the hopes of impressing Columban Justice and Peace Office. gistsÐeven a World Heavyweight Boxing the United States with its antidrug commit- Comboni Peace and Justice Office, Cin- champion [George Foreman]. ment. cinnati, OH. The Job Corps was established as a public- The Bolivian antinarcotics efforts also Latin American Studies Program, Cornell private partnership. Under a contract with the continue to rely on special judicial proce- University. U.S. Department of Labor, private industry op- dures that violate fundamental due process Criminal Justice Policy Foundation. considerations. Under Bolivia’s Law 1008, Drug Policy Foundation. erates almost 80 percent of the Job Corps those who are formally charged with drug of- Fellowship of Reconciliation Task Force centers. The remaining centers are managed fenses—no matter how minor—are imprison Latin America and the Caribbean. through contracts with such Government oned without the possibility of pre-trial re- Foundation on Drug Policy and Human agencies as the Forest Service, the U.S. Fish lease and must, even if acquitted, remain in Rights. and Wildlife Service, and the National Park prison until the trial court’s decision is re- Inter-American Dialogue. Service. viewed by the Supreme Court, a process that North American Congress on Latin Amer- Job Corps students are young people be- takes years. The U.S. government provides ica (NACLA). funding for the salaries and expenses of spe- Guatemala Human Rights Commission/ tween the ages of 16 and 24 who are making cial prosecutors for the antinarcotics courts. USA. a determined effort to achieve a productive, We recognize the United States does not International Labor Rights Fund. responsible life. Job Corps statistics show that encourage or condone human rights abuses Maryknoll Society. their determination pays off: Seven out of ten E340 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 Job Corps students go on to full-time employ- The National Campaign to Prevent Teenage tion. I fondly remember Dick's relationship with ment, enlistment in the military, or further edu- Pregnancy proposes to use national and com- my father, Ted DeLauro. They were great cation at the college level. munity based organizationsÐincluding reli- friends and worked together on numerous The return on the financial investment in the gious organizationsÐto encourage concerted projects for the betterment of the New Haven Job Corps brings impressive results. A 1983 efforts to educate ourselves on teenage preg- community. Throughout my life, Dick has been study showed that the Job Corps yields a 46- nancy. By involving State and local organiza- both a mentor and a friend to me. percent return to society on every dollar in- tions, we ensure that each community devel- On September 13, 1987, Dick was inducted vested in it. The average cost per Job Corps ops a program that reflects its particular set of into the Knights of St. Gregory, a papal honor student is $15,426 over a 7.5 month periodÐ values. for `èxemplary conduct as a citizen living up the average length of stayÐThis translates The success of this initiative would not only to his full measure of influence and creativity into $67 per student per day. The cost-benefit lighten the burden on the Federal Govern- in the community.'' It is exactly this commit- ratio of the Job Corps is dramatic when you ment, but also allow for a brighter future for ment to community that distinguishes the life compare this expenditure to the yearly per stu- millions of our Nation's youth. of Richard Lee and it is with great pleasure dent cost at a public universityÐ$17,246Ðor f that I commend him for a lifetime of achieve- the average cost to incarcerate a juvenile for ment and service to our community. I join his 1 yearÐ$38,000Ðor the cost per cadet for 1 RICHARD C. LEE ON HIS 80TH wife Ellen, his children, Sally, David, and Tara, year at the U.S. Military Academy at West BIRTHDAY MARCH 14, 1996 and his many friends and family members in PointÐ$62,250Ð. wishing Dick's a very happy 80 birthday. The young people who perished were stu- HON. ROSA L. DeLAURO f dents at the Harpers Ferry Job Corps site in OF CONNECTICUT PERSONAL EXPLANATION West Virginia. It is one of 110 centers nation- IN THE HOUSE OF REPRESENTATIVES wide, including Puerto Rico, where approxi- Wednesday, March 13, 1996 mately 60,000 young people are turning their HON. JON CHRISTENSEN lives around. A residential center, the Harpers Ms. DELAURO. Mr. Speaker: On March 12, OF NEBRASKA Ferry Job Corps Center, provides basic edu- 1996 the Honorable Richard C. Lee celebrated IN THE HOUSE OF REPRESENTATIVES cation and the chance to earn a high school his 80th birthday. Today he is being honored Wednesday, March 13, 1996 by Albertus Magnus College. It is with tremen- equivalency degree, training in life skills, as Mr. CHRISTENSEN. Mr. Speaker, due to well as medical services and vocational coun- dous pleasure that I rise today to salute this incredible individual, who means so much to the untimely death of my father, Harlan seling. The 210 students enrolled there are Christensen, I was not present yesterday for preparing to enter the construction trades, and me and has contributed so much to the city of New Haven. four rollcall votes: business, clerical, and health occupations. Had I been present, I would have voted as The loss of the admirable young Harpers Dick's dedication to the city of New Haven is illustrated by a lifetime of public service. His follows: On rollcall vote No. 56, ``yea;'' rollcall Ferry Job Corps members and the brave vote No. 57, ``yea;'' rollcall vote No. 58, ``yea;'' MARC train crew cannot be replaced. How- career began as a reporter and later a wire editor for the New Haven Journal Courier. He and rollcall vote No. 59, ``yea.'' ever, we can celebrate their hopes, dreams, f and successes through the Job Corps. later became editor of the Yale News Digest f and director of the Yale University News Bu- TRIBUTE TO TUSKEGEE UNIVER- reau. Dick then went on to a career as a pub- SITY SCHOOL OF VETERINARY CAMPAIGN TO PREVENT TEENAGE lic servant. After twice running and losing, he MEDICINE ON ITS 50TH ANNIVER- PREGNANCY became New Haven's youngest mayor in SARY 1953. He served for 6 years, longer than any HON. ED PASTOR mayor since. There was an historic dimension to Dick HON. GLEN BROWDER OF ARIZONA OF ALABAMA IN THE HOUSE OF REPRESENTATIVES Lee's administration. During his tenure as mayor, he was deeply involved with and dedi- IN THE HOUSE OF REPRESENTATIVES Wednesday, March 13, 1996 cated to issues of urban renewal. He initiated Wednesday, March 13, 1996 Mr. PASTOR. Mr. Speaker, I would like to an economic revitalization plan, marking a Mr. BROWDER. Mr. Speaker, I rise today to take this opportunity to call to your attention a turning point in New Haven's history. He was call the attention of the House to the bipartisan effort to prevent teenage pregnancy. particularly interested in the human side of Tuskegee University School of Veterinary The National Campaign to Prevent Teenage urban redevelopment. He incorporated com- Medicine and its 50 years of service to the Pregnancy proposes to garner support from munity outreach into the public school system, State of Alabama and to the United States of State and local governments, as well as the and added staff to the public schools to facili- America. media to encourage activities that would ``re- tate relationships between faculty members A 12-month observance of the school's duce teenage pregnancy by supporting values and students, and developed job training pro- founding in 1945 will culminate this weekend and stimulating actions that are consistent with grams. He also served as president of the with a special celebration in Alabama on Sun- a pregnancy free adolescence.'' U.S. Conference of Mayors. Dick's success in day, March 17. The ever-increasing number of teenage New Haven and solid reputation led to his be- Tuskegee Institute, which was renamed mothers poses economic and moral dilemmas coming the principal adviser on urban affairs Tuskegee University in 1984, is one of the for the Nation. Out-of-wedlock births to Amer- during the Kennedy and Johnson administra- outstanding educational institutions in the ican teenagers rose 150 percent between tions, where he led the way for similar pro- Third Congressional District of Alabama, which 1970 and 1990. Of these pregnancies 82 per- grams throughout the country. I have the privilege to represent. cent were unintended. This rise in unintended After retiring as mayor, Dick continued to Tuskegee's school of veterinary medicine pregnancies has the potential to negatively im- serve his community by serving as executive was the first in the southeastern region of the pact the economic future of the United States. director of the United Way of Greater New United States that would give African-Ameri- It is therefore imperative that we work together Haven from 1975 to 1980. Dick's later cans an opportunity to obtain an education in to decrease the number of teenage preg- achievements include an appointment to the veterinary medicine. In this capacity, the nancies before they reach epidemic propor- Committee on Judicial Review in 1976 and Tuskegee University School of Veterinary tions. chairing the State Library Board from 1984 till Medicine fulfilled an urgent health manpower As it stands, nearly half of teen mothers are 1986. In 1987 he was appointed to the Judi- need during the 1940's and 1950's by educat- on AFDC within 5 years of the birth of their cial Review Council. He later joined Union ing African-Americans who provided significant first child. It has been estimated that 53 per- Trust as the chairman's representative in New service to the rapidly growing livestock indus- cent of AFDC benefits go to families that Haven. try in the southeast. began as a result of a teenage pregnancy. On a personal and political level, the Even after the legal desegregation of the The effect on the children born to these young DeLauro and Lee families have been close for United States in 1964, the school continued to girls is devastating. Eighty percent of these years. I witnessed firsthand his knowledge, in- serve as a national resource for training of mi- children live in poverty, as opposed to 8 per- sight, and caring for the New Haven commu- nority veterinarians. It has the distinction of cent of children born to women over the age nity. My mother, Luisa DeLauro, served on the having educated over 72 percent of all Afri- of 20. Board of Aldermen under Dick's administra- can-American veterinarians educated in the March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E341 United States since 1945. In the last 5 years, In the early 1970's, he made a run for the tigating political activities of domestic 10 percent of all Hispanic-American veterinar- congressional seat held by a former member groups. Some will remember the FBI’s ians educated in the United States and 59 of this body, the Honorable John J McFall. worthless investigations in the 1980s of U.S. citizens opposed to our foreign policy in percent of all African-American veterinarians Serge made a mighty effort, but the incumbent Central America. In the name of fighting have come from the Tuskegee school. held on. international terrorism, the FBI monitored The Tuskegee University School of Veteri- Nearly 20 years later, with Serge's support, peaceful demonstrations against U.S. mili- nary Medicine, which continues to be the only I was elected to essentially the same seat. tary aid to El Salvador, spied on groups school of veterinary medicine on the campus Thank you for your support, Uncle Serge, and housed in churches, and interviewed travel- of a historically black college/university, is also best wishes on your 60th birthday. ers to Nicaragua. After the FBI finally ad- the most racially, culturally, ethnically, and f mitted that the whole exercise was a waste geographically diverse school of veterinary of resources, I added a small provision to the medicine in North America. BASIC RIGHTS SWEPT ASIDE IN 1994 crime bill saying that the FBI could not The Tuskegee school was accredited by the RUSH TO FIGHT TERRORISM open an investigation of ‘‘support for terrorism’’ solely on the basis of political activi- American Veterinary Medical Association be- ties protected under the First Amendment. fore its first class of five students were award- HON. ZOE LOFGREN Repealing my amendment would send pre- ed the degree of doctor of veterinary medicine OF CALIFORNIA cisely the wrong message to the FBI, encour- in 1945. It has maintained that accreditation IN THE HOUSE OF REPRESENTATIVES aging the Bureau to investigate U.S.-based every year since then. groups that express lawful political views in Since its founding, The Tuskegee University Wednesday, March 13, 1996 a violent struggle abroad. School of Medicine has graduated 1,376 men Ms. LOFGREN. Mr. Speaker, when I was A terrorism bill already passed by the Sen- and women. Most of them still maintain pro- elected to Congress in the fall of 1994, I was ate contains all of these provisions plus oth- ductive careers in various specialties and sub- ers that would allow FBI agents to obtain extremely honored to represent the people of private records without a court order, permit specialties in clinical and non-clinical practices the 16th District of California, and I was also the use of illegally seized wiretap evidence, in 43 States, the District of Columbia, the deeply honored to succeed one of the great and expand federal jurisdiction over state Commonwealth of Puerto Rico, the U.S. Virgin legislators in the history of this body, Con- crimes. Islands, and 17 foreign countries. gressman Don Edwards. As the longtime Worse yet, the terrorism bill has become a Ten years ago, on May 14, 1986, the school chairman of the House Judiciary Committee's legislative Christmas tree, on which an as- established an International Center of Tropical Subcommittee on Civil and Constitutional sortment of amendments are being hung. Animal Health. It was the first center of its kind Rights, Mr. Edwards is widely respected as Most distressingly, an amendment has been in the United States to offer the combination of added that would gut the historical right of one of the foremost protectors of our Constitu- habeas corpus, under which federal courts education, research, and consultation services tion and civil liberties. have insisted that the U.S. Constitution be to Third World countries. He recently published an analysis of the followed in state court proceedings. Graduates of the Tuskegee University House antiterrorism bill in our hometown Groups from across the political spec- School of Veterinary Medicine have contrib- newspaper, the San Jose Mercury News, and trum—from the ACLU to the National Rifle uted significantly to the betterment of their I wanted to share his expert insight with my Association—oppose the bill. Worried Con- State and Nation. For 50 years, they not only colleagues and his former colleagues. gressional leaders have offered what they have ministered to the medical and surgical call a compromise bill, but they have left un- [From the San Jose Mercury News, Mar. 8, touched the most odious provisions dealing needs of the pets and livestock of Alabamians, 1996] but they served on the frontlines of the war with secret evidence, criminal penalties for BASIC RIGHTS SWEPT ASIDE IN RUSH TO FIGHT support of political and humanitarian activi- against disease, malnutrition, and animal and TERRORISM ties, and habeas corpus. human suffering. They have worked to safe- (By Don Edwards) It’s not as if the United States has been de- guard human and animal health and the envi- Once again, in the name of a worthy objec- fenseless against terrorism. To the contrary, ronment through their knowledge of medicine tive, Congress is considering legislation that the current legal authorities have proven and surgery, veterinary public health, food aims straight at the heart of the Constitu- quite sufficient. In two successful prosecu- safety, epidemiology, and the human-animal tion. The concern is fighting terrorism. The tions in New York, the Justice Department interdependent relationship. proposed solution, however, is a comprehen- won convictions for the World Trade Center Tuskegee University School of Veterinary sive death penalty and anti-terrorism bill bombing and for a planned series of attacks against the United Nations, tunnels and Medicine truly is a national resource for veteri- that would do nothing to strengthen the nation’s defenses against terrorism. What it other landmarks. The FBI promptly arrested nary medical education and a leader in minor- suspects in the Oklahoma City bombing. In ity veterinary medical education. And for this, would do is undermine fundamental rights enshrined in our Constitution. The right to December, federal agents arrested two men we salute the Tuskegee University School of confront your accusers is one of those basic for attempting to bomb an IRS building in Veterinary Medicine and congratulate it on 50 rights. Our very concept of due process as- Nevada, and FBI agents reached across the years of service. sumes that a person cannot be punished by Pacific to arrest a man in the Philippines f the government on the basis of secret evi- plotting attacks on U.S. aircraft. dence. As the great Supreme Court Justice The success of law enforcement in respond- HONORING SERGIO ZILLI Felix Frankfurter observed, ‘‘Fairness can ing to terrorism without this legislation rarely be obtained by secret, one-sided deter- should be evidence enough that there is no HON. RICHARD W. POMBO mination of facts.’’ need for new government powers. Nonethe- Yet the pending legislation would allow less, the legislative process grinds on, as OF CALIFORNIA both parties fear political fallout for appear- IN THE HOUSE OF REPRESENTATIVES the government to deport legal aliens, including long-term residents, through Star ing to do nothing about terrorism. Congress Wednesday, March 13, 1996 Chamber proceedings where the evidence is should take note of the near total absence of public support for this legislation. It is time Mr. POMBO. Mr. Speaker, today I would made known to a judge, but is kept from the accused and his or her lawyer. Imagine de- for Congress to show restraint and reject like to congratulate my uncle, Mr. Sergio Zilli, this latest legislative assault on the Con- on the celebration of his 60th birthday. Uncle fending yourself against this charge: ‘‘We are going to deport you because we think you stitution. Serge has been an invaluable source of ad- are a terrorist but we won’t tell you why.’’ f vice to me, in particular since I was sworn in Another provision in the bill would give to Congress. Cabinet officials the power to label a foreign FEDERAL AGENCY ANTI-LOBBYING Serge is a happily married family man. He group ‘‘terrorist’’ and make it a crime for ACT and Carol have raised three wonderful chil- American citizens to support the lawful, dren. he has a successful business career, peaceful activities of that group. It should HON. WILLIAM F. CLINGER, JR. be—and already is—a crime to support vio- and his outgoing nature has won him hun- OF PENNSYLVANIA lent activity, but Americans have always dreds of friends through California. IN THE HOUSE OF REPRESENTATIVES His adventures in politics, however, have been free to support political and humanitarian activities of foreign groups, from the Wednesday, March 13, 1996 produced mixed results. Serge had a promis- African National Congress to the Nicaraguan ing beginning when he was elected student Contras. Mr. CLINGER. Mr. Speaker, I am pleased to body president at Jefferson Grammar School Another step backward in the pending ter- introduce today with 51 of my distinguished in Tracy, CA, and he has always been active rorism bill is the repeal of a modest provi- colleagues, the Federal Agency Anti-Lobbying in civic affairs. sion I sponsored to keep the FBI from inves- Act. I am also pleased that Senator STEVENS E342 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 will be introducing this legislation in the Sen- This is a balanced bill that would still allow terminal cancer back in Minnesota. Steve did ate. the administration to effectively communicate not know if he would make it home in time to For those of us who have been in Washing- its views. At the same time, this provision will see his mother before she passed away. ton for a few years now, no matter how many eliminate and even protect the GS±12 career But Steve Cohen showed the heart of a times you think you've seen it all, you can rest employee from lobbying or being forced to champion, leading his Team USA to the world assured you haven't. Washington wonders lobby grassroots organizations. Federal em- title. never cease. You can only scratch your head ployees should be administering programs Mr. Speaker, Steve Cohen put his personal and ask yourselfÐIs this really happening? passed by CongressÐnot campaigning with trauma behind him and focused his remark- That is exactly why I am hereÐI have some taxpayer dollars. able baseball mind and superior teaching skills unbelievable examples of what Federal bu- This bill is endorsed by a number of national on his young players. And he successfully reaucrats are doing with our tax money. organizations including the National Taxpayers scaled that wall climbed only by champions Initially it was just a trickleÐand then a Union, NFIB, Chamber of Commerce, Com- with real heart. flood of Members, who came to see me load- petitive Enterprise Institute, National Associa- Thankfully, Steve made it home in time to ed down with examples of lobbying materials tion of Wholesaler-Distributors, Citizens present his mother Bev the gold medal before prepared by Federal agencies. Not just a sin- Against Government Waste, Chamber of Com- she passed on. Wearing his Team USA uni- gle agency, but several agencies all across merce, and others. form, Steve Cohen gave his mother a tremen- the Government. How can taxpayer money be The bottom line is that this is good Govern- dous lift. used by Federal agencies to prepare materials ment reform. Taxpayer dollars should not be In her typical style, Bev Cohen told her son: expressly for the purpose of assisting outside used for lobbying by Government bureaucrats. `Ìf you hadn't won that gold medal, I'd have groups in order to stir up grassroots support or I urge support of this legislation by all my col- booted you out of the house.'' opposition for legislative proposals pending leagues. Bev Cohen died on Labor Day, 1995, short- before Congress? Often these materials are f ly after Steve Cohen got back home. Steve under the guise of being informational or edu- Cohen called his mother `à real war horse'' cational fact sheetsÐbut clearly they are not. TRIBUTE TO STEVE COHEN, during that awful time when Bev was suffering In other cases, they are a lot more blatant INTERNATIONAL BASEBALL so greatly. such as invitations to briefings for lobbyists to COACH OF THE YEAR Mr. Speaker, Steve Cohen is a war horse, educate them on the agency's view of a par- too, with a heart the size of a stallion's. Com- ticular piece of legislation. They are clearly po- HON. JIM RAMSTAD bining his inspiring leadership, courage, teach- litical materials created for the specific pur- OF MINNESOTA ing skills, and keen baseball eye, Steve pose of influencing Congress on the outcome IN THE HOUSE OF REPRESENTATIVES Cohen brought Team USA the world cham- of legislation. Wednesday, March 13, 1996 pionship. As they say, the proof is in the pudding and And then Steve Cohen brought his mother there are numerous examples that have been Mr. RAMSTAD. Mr. Speaker, I rise today to back home one final, joyous gift, the gift only brought to my attention. These include an em- praise a man from the Third District of Min- a child raised so lovingly and so well could ployee check stub from the Department of nesota who exemplifies the unconquerable give. Veterans Affairs opposing the House budget spirit of America, a man who overcame tre- So, we will all rise together later this year plan, Secretary Ron Brown's invitation to at- mendous personal pain and, through outstand- when, on September 14, in Lausanne, Swit- tend a briefing to oppose the Mica commerce ing dedication, perseverance and leadership, zerland, the International Baseball Association legislation, and a letter from the National Spa coached the U.S.A. Junior Baseball team to presents Steve Cohen with his award as Inter- and Pool Institute complaining about receiving the world title. national Baseball Coach of the Year. lobbying materials from an agency that regu- As a result, he has been recognized by his Steve Cohen scaled a wall that few are ca- lates their industry, EPA. peers around the world as the best in his field pable of climbing, putting aside personal pain You might ask, as I did, isn't there already for 1996. of the worst kind to lead his team past such a law on the books that covers this activity. Steve Cohen of Plymouth, MN, recently was talented teams as those from Cuba, Australia, How can this be happening? The law on the named International Baseball Coach of the and Taipei. books, the Anti-Lobbying Act, was passed in Year by the International Baseball Association. Mr. Speaker, this honor is truly well de- 1919 and is a criminal statute. The law itself Steve is the son of a longtime and close served. And we all know Bev Cohen's smile is unclear, and has been the subject of numer- personal friend of mine, Phil Cohen. Many of will be shining like a lighthouse out in left ous opinions, often conflicting, on what it you in this Chamber and the other know Phil when Steve receives his award. means. During the last 75 years, no one has Cohen, who for many years worked for Sen- The people of Minnesota are proud of Steve ever been prosecuted under the law. Having ator David Durenberger of Minnesota. His son, Cohen, the courageous, compassionate per- DOJ as the enforcing agency is like the fox Steve, is the baseball coach at North Henne- son and outstanding coach. Steve Cohen rep- guarding the chicken coop. Existing law needs pin Community College in Brooklyn Park, MN, resents the spirit of Minnesota and is a real to be clarifiedÐand we need a civil statute. in Minnesota's Third Congressional District. credit to our State and Nation. The most recent interpretation of the law is so But I want to talk about more than what Baseball fans everywhere thank you, Coach narrow that unless there is an explicit request happened on the field of every ballplayer's Cohen, and salute you on being named Inter- by an agency to contact Members of Con- dreams. For Steve Cohen was also living out national Baseball Coach of the Year. gress, then there is no violation of the law. any son's worst nightmare, all at the same f This bill is modeled after a provision that time. has been included in the Interior Appropria- Steve Cohen's impressive accomplishments ADDITIONAL SUPPORT FOR H.R. tions bill since 1978. The amendment covers are made all the more inspiring by the per- 1020 only Federal agencies and provides that no sonal courage and fortitude he showed last funds would be used for any activity that is in- year as coach of Team USA. Steve led his HON. FRED UPTON tended to promote public support or opposition players to a 10±0 victory over the Chinese OF MICHIGAN to any legislative proposal including prepara- Taipei squad in the final game of the World IN THE HOUSE OF REPRESENTATIVES tion of pamphlets, kits, booklets, etc. However, Junior Baseball Championship at historic Federal officials can continue to communicate Fenway Park in Boston on August 20. It was Wednesday, March 13, 1996 directly with Members of Congress, and pro- the first title for Team USA since 1989. Mr. UPTON. Mr. Speaker, I am proud to be vide information, and respond to requests from Fenway Park is known for its left field wall, the sponsor of H.R. 1020, the Integrated Members. In addition, the President, Vice the Green Monster, which rises high above Spent Nuclear Fuel Management Act of 1995, President, Senate-confirmed appointees, and the park. That wall is not far from home, but a bill that will make the Federal Government other White House officials would be able to it is a difficult task, even for a player with the live up to its promise of building and operating continue to communicate positions to the pub- biggest heart, to hit the ball over the Monster a high-level nuclear waste repository by Janu- lic. The Comptroller General would enforce the with the swing of the bat. ary 31, 1998. While nearly 200 of my col- provision if funds have been expended in vio- Steve Cohen could have succumbed to the leagues have cosponsored H.R. 1020, there lation; in addition, the GAO must report on the wall of pain and disappointment he was fac- are several that were unable to do so after the implementation of the legislation 1 year after ing. He was far from home, too, far from his bill was put on the House calendar. I would enactment. mother, Bev Cohen. Bev was suffering from like to acknowledge the following Members as March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E343 supporters of doing what is right, making the Candidates essentially nominate them- Some say primaries are not efficient. They Government live up to its promises: CHARLES selves for our consideration and they have to probably are not as efficient as the smoke be a bit obsessed to go through the present filled convention. But they are less corrupt- BASS, HELEN CHENOWETH, BARBARA CUBIN, primary selection system. My impression is ible and the result is accepted. That’s impor- JAY DICKEY, VAN HILLEARY, MARGE ROUKEMA, that the media performs the screening role tant in a democracy. It is the very demo- MAC THORNBERRY. formerly done by party leaders and profes- cratic quality of the primary that makes it f sionals. The media can be an important con- a little messy and a struggle. duit of information about candidates, but PRESIDENTIAL PRIMARIES they also tend to be more interested in the f horse race aspects of a primary rather than HON. LEE H. HAMILTON fundamental questions, such as whether a CONGRATULATIONS BETH SHALOM candidate can govern or what is the can- OF INDIANA OF WILMINGTON, DELAWARE IN THE HOUSE OF REPRESENTATIVES didate’s vision. REFORM PROPOSALS Wednesday, March 13, 1996 There have been several proposals for re- Mr. HAMILTON. Mr. Speaker, I would like to forming the current system. One proposal HON. MICHAEL N. CASTLE insert my Washington Report for Wednesday, would involve selecting convention delegates OF DELAWARE March 13, 1996, into the CONGRESSIONAL on the first Tuesdays of March, April, May and June of each election year. Any state IN THE HOUSE OF REPRESENTATIVES RECORD. could choose any of those four dates, but the REFORMING THE PRIMARY PROCESS Wednesday, March 13, 1996 probable result would be a mixture of states One of my interests is to make government from various regions on each of the four work better. I have tried to contribute to Mr. CASTLE. Mr. Speaker, I rise today to dates. The gap between the primary dates commend Congregation Beth Shalom from my that goal in a number of areas, including the would allow voters and the media to examine reform of Congress and the Federal Reserve, the candidates with care, and the candidates home State of Delaware. Two years ago, Con- among others. Lately, my attention has been would get a chance to catch their breath and gregation Beth Shalom, located in Wilmington, drawn to the way we select presidents. have time for more thoughtful speeches. initiated what is known as ``Mitzvah Day'', a HOW THE PROCESS WORKS Another suggestion is a national primary day when congregation members of all ages Presidential nominees are chosen at their in which registered voters of all parties devote their time and energy to assist others respective party’s national conventions by could vote on a single day. Such a primary in the community who are less fortunate and delegates who were elected, either directly would require an orgy of nationwide tele- are in need. Mitzvah is the Hebrew word for or indirectly, in the primaries, caucuses, or vision advertising by all the candidates that would last for months and put more power in commandments, and signifies righteous acts conventions of each state. The delegate se- by individuals that are considered to be virtu- lection process is governed by a combination the hands of the party bosses, less in the of state laws and national and state party hands of the people. ous, kind, and considerate. In the Jewish faith, rules. In general, delegates are committed to Still others want to reserve a third of the individuals are expected to carry out a mitzvah certain candidates before they get to the national convention seats for party profes- every day. In fact, in the Torah, which is the party convention. The primaries now sionals in order to postpone until the last first of five books of Moses, some 613 mitzvot produce the nominee and the convention moment the decision on who will get the are listed to which Jews can aspire. Mitzvah merely crowns him. presidential nomination. This approach would enhance the role for professional poli- Day is Congregation Beth Shalom's way of re- Most states, including Indiana, use the pri- minding the faithful of their obligations to their mary system to vote for presidential can- ticians in judging who has the right stuff to didates. Under the primary system, an indi- be president. I would not support such a pro- fellow man. vidual will vote, by secret ballot, for a can- posal because it is inherently less demo- This Sunday, March 17, 1996, will mark the didate, who will be represented at the na- cratic than the current primary system. third annual Mitzvah Day, and I am pleased to tional convention by a certain number of CONCLUSION join the good people of Congregation Beth delegates. In some states, the winner of the No single decision is more important to Shalom for ceremonies signaling the start of the United States than choosing a president. primary will take all the delegates available another day when people will reach out to in that primary; in other states, including Primaries tell us whether or not a candidate Indiana, delegates are awarded based on the can discern the issues that are on the minds their neighbors to say they care and want to candidates’ proportion of the vote. The pri- of the American people and can frame a mes- make life a bit more enjoyable for all. Those mary season begins in New Hampshire in sage and present it effectively to a variety of who will participate this Sunday and those late February, and most of the major pri- constituencies around the country. They who have helped others in previous years are maries are held in March. also tell us whether he has the physical and known as mitzvah mavens; people who are emotional capabilities to sustain a campaign PROBLEMS WITH THE CURRENT SYSTEM concerned about their fellow human beings under high stress and assemble an effective The primary system, while more open and political team and raise the money to sup- every day. democratic than the old convention system, port it. Before Mitzvah Day is over, they will have has its drawbacks. The early primary states The great advantage of the primary is that collected and sorted thousands of food items have an extraordinary influence on the out- it allows ordinary Americans to pick their come and that’s one reason states are scram- for the Food Bank in Newark; they will have candidates for president. In the end the sys- baked bread and cookies for the families at bling to vote earlier each year. It is far from tem has worked reasonably well. Nominees clear that voters in the early primaries are are usually picked who are widely known the Ronald McDonald House in Wilmington; representative of a national party, much less and widely approved. Money matters, but it’s they will have cooked and served lunch to the a national electorate. The present system in not everything. clients at the Sojourners Place in Wilmington, a sense violates the one-man one-vote prin- I am inclined to think it is the kind of sys- who are overcoming drug and alcohol depend- ciple. If you vote in the New Hampshire pri- tem that we can approve but we should not ency; they will have visited and played bingo mary, your vote is probably worth 10 or 15 discard. I do have the uneasy feeling that with the assisted living or nursing care resi- times as much in determining the outcome we’ve separated the presidential nominating than the people who vote in Indiana. That process from the governing process. A person dents at the Kutz Home and Parkview Nursing bothers me. The low turnout in primaries is can be very good at getting nominated. He Home in Wilmington; and, they will have con- also worrisome. The average for all pri- may not necessarily be a very good presi- ducted numerous visits or had meals with con- maries is only about 30% of registered vot- dent. I’m not sure primaries give us a can- gregation members who are homebound be- ers. didate’s core of political values or tell us if cause of sickness or disability. The front loading of the calendar is the he has a firm sense of the direction in which most important single change to the Amer- he wants to lead the nation or whether he is Mr. Speaker, on Sunday, the mitzvah ican primary system in recent years. Cam- secure with himself and with his own convic- mavens will have done all of this, and by Sun- paigning starts earlier than ever before, tions and conscience. day evening, when the sun goes down, hun- costing millions of dollars. The schedule is Among our goals in reforming the primary dreds of Delawareans will feel just a bit better so compressed that by the first of April al- system would be to assure wider participa- about themselves, some will have enjoyed one most all the delegates will have been se- tion in the selection process and cut the cost more meal than they thought they might, and lected. The vital primaries come thick and of a primary campaign. I am attracted to the Delaware will have had its quality of life im- fast. It is very difficult to pause or regroup idea of interregional primaries. We could set between them. If you do badly in one pri- six dates between March and June for a se- proved that much more. All of this because mary, you don’t have much time to recover. ries of interregional primaries. On each date the Congregation Beth Shalom in Wilmington, Voters may not have enough time to con- a group of states of various sizes from dif- DE, encourages and supports kindness toward sider which candidate is best for the party or ferent regions of the country would hold pri- others and actions which can truly improve the nation. mary contests. The order could rotate. people's lives. E344 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 BELLFLOWER CHAMBER OF COM- Somerset in Colorado. Another subdivision in Today, the Bellflower Chamber of Com- MERCE AND THE CITY OF BELL- the area was known as Bellflower Acres, and merce remains a vital, contributing member of FLOWER its proponents championed that name for the our area. Its history reminds us that a city is new community. Although it is not known pre- not built with bricks, mortar, and asphalt alone. HON. STEPHEN HORN cisely how the selection was made by the It comes to life and remains vibrant and OF CALIFORNIA area's residents, it was the one registered by healthy through the commitment, dedication, IN THE HOUSE OF REPRESENTATIVES postal officials. hard work, and strong values of its residents. It is not certain how the name Bellflower The history of the Bellflower community and Wednesday, March 13, 1996 came into the picture in the first place. The the leadership provided by the Bellflower Mr. HORN. Mr. Speaker, I rise today to sa- most common explanation links the name with Chamber of Commerce are models of these lute an institution and a community in Califor- the orchard of Bellefleure apples grown by values. California and the United States are nia's 38th Congressional District whose history pioneer settler William Gregory. indeed fortunate to have Bellflower and the is a model of how the citizens of America's By 1910, the business district began to de- commitment of its citizens. small townsÐthrough their values, their hard velop. In 1913, Southern California Edison in- f work, and, in particular, their strong civic spir- stalled electric lines. In 1914, gas lines were itÐhave made America strong. This year, the brought into Bellflower. Up to 50 trains ran HONORING SILVESTRE S. Bellflower Chamber of Commerce celebrates through the area each day to and from Los HERRERA its 75th year of leadership. It is fitting that on Angeles. The town was on its way. The only this occasion, its history and the history of the thing Bellflower lacked was a government. HON. ED PASTOR city it has so diligently served be celebrated In 1912, Los Angeles County had adopted a OF ARIZONA for what they have accomplishedÐand for charter covering the government of the unin- IN THE HOUSE OF REPRESENTATIVES what they can teach the world. corporated towns. BellflowerÐwith its unincor- Wednesday, March 13, 1996 Bellflower was built by people of many porated statusÐlived under county government for the next 45 years. Mr. PASTOR. Mr. Speaker, I rise today to backgrounds. Its early history began in 1784, salute Silvestre S. Herrera, of Phoenix, AZ, as one of the first Spanish land grants con- But the civic pride of Bellflower's citizens was too strong to rely solely on Los Angeles who earned the Congressional Medal of Honor ferred in California. Governor Pedro Fages re- 51 years ago by assaulting a German gun po- warded Spanish leathercoat soldier Manuel County. Unable to form their own government, they organized the Bellflower Improvement As- sition on March 15, 1945. Nieto with the largest of these grants. After the On that day, Pfc. Silvestre Herrera, an act- Spanish were ousted in the Mexican Revolu- sociation in 1921 to serve as a representative body for all of the town's organizations and in- ing squad leader/automatic rifleman, and tion, Nieto's land grant was divided into five Company E, 142d Infantry of the 36th (Texas) small ranchos which were distributed among terests. The improvement association has 12 members. The following yearÐindicating the Infantry Division, was the lead element as it his heirs. Bellflower would later be founded moved into German-held territory somewhere where the boundaries of three of these ran- enthusiasm and civic spirit that has always been the hallmark of BellflowerÐthe associa- near Merrwiller, France. chosÐSanta Gertrudes, Los Coyotes, and Los Private First Class Herrera and other sol- CerritosÐmet. tion's membership had swelled to 80. That yearÐ1922Ðit became known as the Bell- diers were moving along a wooded road when The three ranchos prospered through Cali- they were stopped by heavy enemy machine- fornia's Golden Age of the Ranchos, from the flower Chamber of Commerce with R.J. Parsonson as president and a board consist- gun fire. As the rest of the platoon took cover gold rush of the 1840's into the 1860's, when from incoming fire, Private First Class Herrera a terrible drought brought the rancho way of ing of Vice President Bruce Guernsey, Sec- retary J.C. Hertel, Treasurer C.A. Conrad, and moved forward and shot three German sol- life to an end. diers. Eight others surrendered. The ranchos were sold at auction to pur- Sergeant at Arms George McCormick. Under the county's governing of unincor- As the platoon continued forward, they were chasers who, in addition to ranching, sub- porated communities, there was no local body stopped by more machinegun fire. Herrera ran divided parts of them for small farming oper- officially charged with looking after the affairs toward some large rocks, intending to take ations. The section that was to become Bell- of the town. The chamber quickly filled his cover. Instead, he stepped on a landmine and flower was subjected annually to terrible flood- vacuum, ``governing'' for over 30 years it blew him into the air. When he came down, ing from the San Gabriel River. If also had through an unofficial town hall. he hit another land mine. He had lost both dense growthÐwillow, black berries, and bam- Since the Chamber had no legislative au- legs just below the knee. booÐwhich meant that only the hardiest of thority to make its decision binding, its effec- Private First Class Herrera somehow man- farmers could settle here. And they did. Within tiveness depended upon how well it served aged to hold onto his M±1 rifle. He applied a a few years, the area was renowned for its the community. Those early chamber mem- bandage to his leg and dragged himself to the large-sized crops. Fueled by the hard work bers worked hard to gain the trust and respect rocks. He braced himself and began firing at and commitment of the early settlers, Bell- of the residents. This tradition continues today. the enemy. He hit at least one of the Germans flower's poultry, dairy, horticultural, and farm- It was during the years of unincorporationÐ and forced the others to stop shooting and ing industries steadily grew. Hispanic and 1921 to 1957, when Bellflower became Cali- take cover. American farmers were soon joined by Dutch, fornia's 348th cityÐthat the area experienced Under Herrera's covering fire, his platoon Swiss, Belgian, Japanese, and Portuguese impressive growth. Through the guidance of moved in and killed the German machinegun families. the chamber, Bellflower quickly became a crew. The platoon found a path through the With the establishment by the Pacific Elec- highly respected and admired community. minefield and located a bleeding and injured tric Railway of the Somerset Station in 1902, One example of the chamber's determina- Herrera. They rushed him back to an aid sta- Bellflower farmers were able to get their crops tion to keep Bellflower strong and vital was the tion. Later, Herrera was sent to France and re- to markets and visitors were able to come to erection of the ``52 Day Miracle Building'' in mained in a hospital until the war ended. the Bellflower area via the ``Big Red Cars.'' 1938. At that time, the Los Angeles County Herrera was decorated by President Truman Soon after, land developers began laying out Building Department offices were located in on August 23, 1945, at the White House and streets and selling parcels of land near the Bellflower. However, the administrators were in March 1946, he was discharged from the Somerset Station. Soon a town grew up. considering a move to Downey where rent Army as a sergeant. Though the area was still unnamedÐsome was cheaper. The Bellflower chamber spear- Although no books or films have been writ- called it the New River Colony, others Somer- headed a drive to keep the county's offices in ten about his heroics, Herrera's deeds are set AcresÐthe residents were determined to their town. With the chamber in the lead, local heralded. In 1956, the Phoenix Elementary build a town. merchants provided funded to erect a new School District named an elementary school Following California's tradition of strong sup- building. Incredibly, the project was com- after him. Herrera's own elementary school port for education, the first thing these resi- pletedÐfrom idea to opening ceremoniesÐin district, the Pendergast School District, also dents did was to petition for a school district. just 52 days. erected a bust to honor the Congressional That was in 1908. In the next year, they asked By the 1950's, the population of Bellflower Medal winner. The bust was unveiled at for a post office. They quickly received both. became so large and varied that it could no Pendergast School in Phoenix during a Feb- The residents first asked for a post office longer be adequately governed under the old ruary reception. The bust, created by Zarco under the name of Somerset. But postal au- county charter system. With the chamber lead- Guerrero, is part of the World War II Com- thorities, wishing to prevent confusion, re- ing the way, Bellflower received its certification memorative Community Program sponsored jected the name because there already was a of incorporation on September 3, 1957. by the Department of Defense. March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E345 Fundraising for the bust was organized and TRIBUTE TO MICHAEL R. I have long supported the International Fund initiated by the Pendergast family, who have MULDERIG for Ireland and enactment of the MacBride known Herrera since childhood. Principles on a Federal level. While a member The American G.I. Forum also formed a HON. JACK QUINN of the New York City Council, I authored one Silvestre Herrera Chapter on June 23, 1995. OF NEW YORK of the first MacBride bills in this Nation and I On March 15 of this year, the G.I. Forum will IN THE HOUSE OF REPRESENTATIVES continue to strongly believe that this Nation salute Herrera on the 51st anniversary of that Wednesday, March 13, 1996 should not do business with any company fateful day in 1945. which practices religious discrimination. Like- Mr. QUINN. Mr. Speaker, I rise today to rec- wise, I support strongly the International Fund I urge my colleagues to join me in saluting ognize the distinguished community service of for Ireland. Continued economic investment in and thanking Mr. Herrera for his service to the Michael R. Mulderig, a distinguished civil serv- Northern Ireland and the border countries is country and his heroism under fire. ant and Democratic Party leader, on the occa- absolutely imperative. Enhancing the standard sion of being named the First Ward and South of living in Ireland is critical to improving the f Buffalo Democratic Association 1996 Irishman prospects for peace in that troubled part of the of the Year. HONORING ROBERT LEENEY ON world. Mr. Mulderig has served the city of Buffalo The Humanitarian Aid Corridor was enacted HIS 80TH BIRTHDAY in several capacities under former mayor, the for 1 year as part of the fiscal year 1996 for- Honorable James D. Griffin. To that end, Mr. eign operations appropriations bill. Neverthe- HON. ROSA L. DeLAURO Mulderig served as the confidential aide to the less, it is important that this provision become mayor, license director for the city of Buffalo, permanent law. Nations which restrict the flow OF CONNECTICUT and assistant director of stadium operations at of U.S. humanitarian aid to third countries IN THE HOUSE OF REPRESENTATIVES the city's ballpark. should be barred unequivocally from receiving In addition to these remarkable duties, Mike the benefit of our economic aid. This situation Wednesday, March 13, 1996 Mulderig has served western New York as a has been most blatant in the case of Turkey, Ms. DELAURO. Mr. Speaker, on May 10, former president of the South Buffalo Demo- which has blocked United States humanitarian 1996, Mr. Robert Leeney will celebrate his cratic Association. Currently, Mr. Mulderig is aid to the newly independent nation of Arme- 80th birthday. He is being honored by the the chairman of the second zone for the nia. This blatant contempt for United States board of Albertus Magnus College on March Democratic Party. policy objectives should deprive Turkey from 14, 1996. It is with great pleasure that I rise As a fellow American of Irish descent, I truly receiving assistance from our country. today to salute this incredible individual, who appreciate the contributions Mike Mulderig has I would vote for the International Fund for has contributed so much to the city of New made on behalf of the city of Buffalo, and offer Ireland, the MacBride Principles, and the Hu- Haven. my thanks and commendation to both he and manitarian Aid Corridor Act if they were in- the association for recognizing the efforts of cluded in another measure. Unfortunately, this Bob retired in 1981 as editor of the New Irish-Americans in our communities. bill, with its partisan and shortsighted attack Haven Register after a 50-year career with the Mr. Speaker, today I join with the Mulderig on the foreign policy powers of the President, paper including 11 years as executive editor family, his colleagues, friends, the First Ward is not one for which I can vote. and 9 years as editor. He had been awarded and South Buffalo Democratic Association, f the New England Associated Press News Edi- and indeed, the entire western New York com- tor Yankee Quill Award for excellence in writ- munity to honor Mr. Michael R. Mulderig for DRUGS AND GUNS: A LETHAL ing. His long tenure at the paper is distin- his dedication, hard work, and commitment to COMBINATION guished by extensive community involvement. western New York, the city of Buffalo, and the Bob grew up in the Fair Haven area and re- Irish-American community on his being named HON. WILLIAM F. GOODLING mained devoted to the improvement of the the 1996 Irishman of the Year. OF PENNSYLVANIA New Haven area throughout his career. In f IN THE HOUSE OF REPRESENTATIVES September 1994, Bob was awarded the New Wednesday, March 13, 1996 Haven Colony Historical Society Seal of the CONFERENCE REPORT ON H.R. 1561, City Award. The seal is awarded to those FOREIGN RELATIONS AUTHOR- Mr. GOODLING. Mr. Speaker, today I am whose ideas or activities contributed to the IZATION ACT, FISCAL YEARS 1996 introducing legislation which would ensure that quality of life, prosperity, or improvement of AND 1997 drug abusers who break the law do not have the New Haven region. He has also received access to firearms. My legislation, which was the Trinity Council Knights of Columbus Com- SPEECH OF part of the 103d Congress' Republican crime munity Service Award and the Chamber of HON. CAROLYN B. MALONEY bill, would impose strict penalties and fines for misdemeanor during crimes such as use or Commerce Community Service Award, which OF NEW YORK possession of an illegal substance when a is their highest honor. IN THE HOUSE OF REPRESENTATIVES firearm is present. Similar to legislation I have Bob's early career in newspaper began as a Tuesday, March 12, 1996 introduced in past years, my bill has had the theatre critic and he frequently reviewed plays Mrs. MALONEY. Mr. Speaker, I rise in op- endorsement of the Pennsylvania State Chiefs at the Shubert Theatre. He was a member of position to H.R. 1561, the Foreign Relations of Police and the National Association of the Drama Critics Outer Circle. He maintained Authorization Act of 1996. I oppose this con- Chiefs of Police. his interest in theatre throughout his life and ference report because it is an unwarranted Under current Federal law, a person con- served on the board of Long Wharf Theatre. usurpation of the President's constitutionally victed of a felony crime involving drugs and His service on the boards of local hospitals mandated foreign policy authority. It requires a firearms faces increased criminal penalties and colleges serves as a testament to his in- sweeping reorganization of U.S. foreign policy and is also prohibited from legally owning a terest in and concern for all aspects of New agencies, but fails to provide the President the firearm. This is not the case, however for indi- Haven life. After his retirement, Bob served on flexibility to undertake this reorganization in a viduals convicted of less serious drug of- the State Freedom of Information Commission. manner which he believes is consistent with fenses. Finally, Bob continues to write for the New the national security interests of this Nation. My legislation is simple: It expands current Haven Register with a weekly column entitled This bill also continues the extreme Repub- law to treat individuals who commit less-seri- `Èditor's Note.'' It is here that he continues to lican opposition to voluntary international famous drug offenses in the same manner as contribute his ideas and thoughts on a range ily planning programs, slashing them by a dev- people involved in other drug crimes, such as of issues from his boyhood memories of New astating 87 percent, and which could lead to drug-trafficking. Any person found guilty of a Haven to recent world events. He remains one tens of thousands of unwanted pregnancies drug crime not currently classified as a felony, of the most prominent representatives of the and abortions. including simple possession of a controlled New Haven Register and an important link be- I oppose this bill with some reluctance be- substance, and who possesses a firearm at tween the city's past and present. I wish Bob cause it contains some provisions which I the time of the offense, will face mandatory jail a very happy 80th birthday and it is my deep- strongly support, including authorization for the time and/or substantial fines in addition to any est hope that we will have the benefit of his International Fund for Ireland, support for the penalty imposed for the drug offense. For sec- wisdom and kindness for many more years to MacBride Principles, and a provision based on ond or subsequent offenses, jail time and fines come. the Humanitarian Aid Corridor Act. are mandated. E346 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 Furthermore, the guilty party will be prohib- colleagues to read them and take this mes- apology, attending workshops or paying a ited from owning a firearm for 5 years. Excep- sage back home. Our youth are worth it. fine or damages are among the jury’s options. tions to this rule can be made, however, de- [From the Casa Grande (AZ) Dispatch, Oct. Many of the Teen Court participants are 13, 1994] pending upon the circumstances surrounding interested in law careers themselves. Kmetz each individual's case. Present law states that PINAL TEEN COURT SUBJECTS OFFENDERS TO said that when she chose the kids to partici- a person convicted of a drug crime can peti- JURY OF THEIR CASA GRANDE PEERS pate in the first semester of Teen Court, she tion to the Secretary of the Treasury for an ex- (By Shannon L. Pantelis) did not exclude teens who had been in trou- emption to the firearms prohibition if they can The promise of trial by a jury of peers will ble themselves. prove ``that the circumstances regarding the now extend to some juvenile offenders in She said she was most impressed with one conviction, and the applicant's record and rep- Casa Grande. applicant’s answer when she asked why he utation, are such that the applicant will not be Teen Court made its Pinal County debut wanted to be a part of Teen Court. likely to act in a manner dangerous to public Wednesday night. The new program is avail- ‘‘It’s about time we (teens) got a chance to able to first- and second-time offenders, ages bring honor back to our name,’’ she said he safety and that the granting of the relief would responded. not be contrary to the public interest.'' 9 to 17. Eligible offenses include shoplifting, criminal damage, theft, assault, disorderly ‘‘That’s what it’s all about, giving them Certainly the time has come for serious ef- the chance to prove themselves and make forts to convince people who use drugs that conduct, alcohol and traffic violations. Michelle Kmetz, a probation officer with it,’’ she said. the cost of engaging in this activity is prohibi- Pinal County Juvenile Court Services who [From the Casa Grande (AZ) Dispatch, Oct. tive. If my bill becomes law, individuals owning was hired to coordinate the program, said it 13, 1994] firearms for legitimate purposes (hunting, tar- uses what is sometimes a negative influence JUDGE COULDN’T REFUSE get-shooting, collecting, or personal protection) to make a positive difference. William O’Neil did not really have much and who also engage in the use of illicit drugs, ‘‘The premise that I believe in is that peer choice about Teen Court. will think twice before participating in their pressure works both ways,’’ she said. ‘‘It can Even now as the presiding Pinal County ju- drug-related endeavors, facing the prospect of be both negative and positive. venile court judge, he still listens to his enhanced penalties and the loss of their fire- ‘‘We know peer pressure works negatively, teacher. we see that every day. Now it’s time to turn ‘‘When my first-grade teacher called me to arms. it around to work for us.’’ This legislation will not affect a law-abiding tell me about this, she said this was some- Patterned after a typical adult trial, Teen thing we needed and have to have,’’ he said citizen's right to own a firearm. By imposing Court is an official legal proceeding and the starting Teen Court. stiff penalties on people convicted of lesser sentences are enforceable. Presiding Pinal Retired teacher LaVerne Rowe had heard drug offenses where a firearm is present, we County Juvenile Court Judge William O’Neil about the program, which was started in will send a serious message that the cost of and Casa Grande City Judge Judy Ferguson Texas several years ago. She told her now-in- engaging in this activity far outweighs the ben- will take turns trying the cases. fluential pupil and told him to get going efit. Drugs and guns are a lethal combination, The defendant must admit guilt and agree with it. to accept whatever ‘‘constructive’’ sentence exacting a terrible toll on this Nation. At the same time, the education-support is determined by a group of six jurors. The group Casa Grande 2000 was learning about f defendant’s attorney pleads the case, while Teen Court and trying to get the program TEEN COURT the prosecutor argues the crime. Meanwhile started in Casa Grande. the clerk and bailiffs are busy doing their Once the two groups got together, it was jobs of keeping order. only months before Teen Court was a reality HON. JIM KOLBE The difference in Teen Court is that all in- in Casa Grande. OF ARIZONA volved—except the judge—are teens them- O’Neil said the program was on his five- IN THE HOUSE OF REPRESENTATIVES selves. year plan of programs to implement. He said Wednesday, March 13, 1996 The attorneys aren’t high-paid counselors his schedule was pushed up about 4 years at with law degrees hanging on posh office the urging of Rowe and the interest of Casa Mr. KOLBE. Mr. Speaker, I rise today to walls. The bailiffs might be worrying about Grande 2000. make my colleagues aware of a phenomenal homework or a math quiz the next day. With at least 3,000 juveniles being referred program for youth that has had a huge impact The juries eventually will have past-of- to Pinal County Juvenile Court Services in Casa Grade, AZÐTeen Court. This is a fenders serving part of their sentence on the each year, alternatives were needed. program that can and should be replicated panel, trying other kids. Juvenile Court Services Director Frank The current jury, attorneys, bailiffs and across the country. Sanders said the area is in a ‘‘state of cri- clerks are all Casa Grande Union High sis.’’ The American Legion Auxiliary's National School juniors and seniors who volunteered ‘‘Business is booming’’ he said about the President's Special Project, Teen Court, was to take part in the program. juvenile justice system. the community service project that Fred A. The program is meant to take some of the He said the Teen Court program in Casa Humphreys Unit 8 member LaVerne Rowe intimidation and alienation out of the court- Grande, which is expected to eventually ex- adopted. She called and received information room, while giving teens a chance to take re- pand to other areas in the county, was fund- from the Odessa, TX, Teen Court coordinator. sponsibility for their actions and those of ed through the Arizona Supreme Court. Then she contacted Pinal County Juvenile their peers. The $40,000 went toward hiring director Court Judge William O'NeilÐa former first ‘‘It is time that another generation started Michelle Kmetz, training and contracting making decisions for themselves,’’ O’Neil with Project Hope’s Project YES, which will grade student of hersÐand arranged for him said about the concept of his Pinal County be used to run the community service hours to meet with members of Casa Grande 2000, Juvenile Court Services program. ordered. a group organized to address community con- Last week the crew went through a mock The Casa Grande Teen Court has been pat- cerns about education and youth issues, to trial in front of family, friends and people in- terned closely on a similar program that has discuss the merits of bringing a Teen Court to volved in bringing Teen Court to Casa been working in Globe for about six years. Casa Grande. The response was overwhelm- Grande. It will be the last time anyone out- f ing and Teen Court was on the road to beside of the participants will be allowed to see coming a reality. Teen Court in action, except the parents of FEDERAL AVIATION ADMINISTRA- Mrs. Rowe took the next step by conducting those on trial. TION REVITALIZATION ACT OF Confidentiality is stressed to participants. 1995 initial interviews of Teen Court coordinator Before each case, the clerk swears in every- candidates. Judge O'Neil and Frank Sanders, one in the courtroom, committing them to SPEECH OF director of Juvenile Court Services in Pinal silence about everything and everyone in- County, ultimately chose Michelle Kmetz out volved in the trial. HON. MICHAEL F. DOYLE of five finalists. Since October 5, 1994, Ms. Defendants and Teen Court participants OF PENNSYLVANIA are forbidden to discuss the proceedings, tes- Kmetz has done an outstanding job of making IN THE HOUSE OF REPRESENTATIVES Teen Court a success in Casa Grande. timony or sentences outside the courtroom. Tuesday, March 12, 1996 Let me take a moment to say that it is very Parents and friends are included in the gag encouraging to see the American Legion take order. Mr. DOYLE. Mr. Speaker, I rise today in At the mock trial, teens trained as Teen such an interest in our youth and work to Court attorneys acted as defendants, acting support of H.R. 2276, the FAA Revitalization make an investment in the future of our coun- out real cases. Act. This bill illustrates that viable, productive try. Sentences are meant to be constructive, solutions can be achieved when both parties I would ask that the following newspaper ar- not just punitive. Community service hours, examine an issue thoughtfully and approach ticles be included in the RECORD. I urge my tutoring, Teen Court jury duty, letters of reform reasonably. In my view, H.R. 2276 March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E347 serves both to increase the safety of air travel to all of the fortunate children she has touched meters square. The plots received equal wa- while protecting the rights and needs of air through her reflections on history, famous peo- tering and weeding. The results showed that traffic personnel. Recent events at the Pitts- ple she has met, and her messages about the more diverse a given plot was in terms of burgh International Airport near my district in faith, obedience, caring for others, and belief species the more productive the plants were. western Pennsylvania showcase the difficulties in oneself. She is a living example that you The plants in diverse plots were also better which can inhibit maintaining a high degree of are never too old to learn. able to withstand stresses such as extreme air traffic safety in our country. Mr. Speaker, I know my colleagues join me weather or drought. The bottom line, accord- The development of a new procurement in honoring Mrs. Ella Miller for all she has ing to Dr. Tilman, is that regional and global system will help to ensure that air traffic per- done for our children and wish her the best of ecosystems must be diverse in order to thrive sonnel obtain proper safety equipment in a luck for her future endeavors. and produce benefits such as filtering water, more timely manner. The reduction of the f enriching the soil, and purifying our air. often overwhelmingly burdensome Federal We in Congress must recognize the impor- procurement rules will increase safety effec- CONCERT FOR DEMOCRACY: TRIB- tant policy implications of this significant plant tiveness as well as guard against increased UTE TO PRESIDENT LEE TENG- study. If Congress superimposes clearcutting costs, waste, and abuse. As I am always con- HUI, REPUBLIC OF CHINA and similar harvest practices in our forests cerned how legislation will affect the working and public lands and permits replanting of lim- men and women in Pennsylvania's 18th Con- HON. MAURICE D. HINCHEY ited species, the forests will lose their gressional District, I am pleased that H.R. OF NEW YORK biodiversity and our forest ecosystems will be- 2276 explicitly states that new FAA personnel IN THE HOUSE OF REPRESENTATIVES come less and less productive. The current moratorium on the listing of new species systems would not be exempt from whistle- Wednesday, March 13, 1996 blowers protection laws, laws prohibiting dis- under the Endangered Species Act could have crimination or strikes, workers and unemploy- Mr. HINCHEY. Mr. Speaker, on March 17, a further devastating effect on available ment compensation, retirement, labor-manage- 1996, Representative and Mrs. Benjamin Lu of biodiversity, and ecosystems will become less ment relations, and life and health insurance the Taipei Economic and Cultural Representa- durable and productive. Those policy actions, laws. The air traffic workers in my district sup- tive Office in Washington, DC, will host the which disregard science, could have severe port this legislation, and eagerly anticipate its Music for Democracy Concert at the Kennedy consequences for us and future generations. enactment so that they will be able to maxi- Center. This concert is a celebration of the We need to follow good science and steward- mize their ability to maintain the high level of Republic of China's long journey toward com- ship today for tomorrow. air traffic safety that is absolutely necessary. plete democratization. I am including with this statement a copy of I would like to conclude my remarks with The Republic of China's democratization a recent article printed in the Minneapolis Star words of encouragement for removing the has been rapid and total. Over the last 8 Tribune describing Dr. Tilman's research and Federal Airport and Airway Trust Fund from years, President Lee Teng-hui has presided its implications. I urge all my colleagues to the unified Federal budget. As a cosponsor of over economic and political liberalization, the read this informative article. H.R. 842, the Truth in Budgeting Act, I was free election of the National Assembly, three [From the Minneapolis Star Tribune] disappointed to find that off-budget provisions elections of the Legislative Yuan, the Republic BIODIVERSITY IS ROOT OF ENVIRONMENTAL GROWTH were deleted from the final language of the of China's Parliament, and the election of the (By Tom Meersman) bill. As a cosponsor, I encourage my col- Governor of Taiwan Province and mayors of Taipei and Kaohsiung, culminating in the Re- University of Minnesota ecologist David leagues to support final passage of H.R. 2276 Tilman just keeps growing things. And he today, and I look forward to debating the mer- public of China's free and direction election of just keeps learning more about the inner its of H.R. 842 in the near future. Revitalizing the President of the Republic of China on workings of nature in the process. the FAA will benefit travelers, air traffic per- March 23, 1996. His latest findings, published today in the sonnel, and the efficiency and effectiveness of President Lee Teng-hui is one of four Presi- international scientific journal Nature, indi- the overall safety of air travel. dential candidates on the March 23 ballot. Re- cate that growing a variety of plants and grasses in a given area is much better for the f gardless of the outcome of this election, Presi- dent Lee Teng-hui must be complimented and environment than having only a few species. HONORING ELLA MILLER While prevailing wisdom might dictate respected for his unwavering determination to that one or two types of plants in an area bring total democracy to his country. He alone would thrive because of minimal competi- HON. TOM DAVIS has brought to fulfillment the dreams and aspi- tion, Tilman’s research shows the opposite: OF VIRGINIA rations of the Chinese people for a free and Different plants don’t compete so much as they complement each another and function IN THE HOUSE OF REPRESENTATIVES open society. I wish to extend our best wishes to Rep- as a community. Wednesday, March 13, 1996 Tilman has been studying native Min- resentative and Mrs. Lu and to all the Chinese nesota grasslands for the past 13 years on Mr. DAVIS. Mr. Speaker, I rise today to pay people living in the Republic of China. These university land at the Cedar Creek Natural tribute to Mrs. Ella Miller for her tireless efforts are indeed trying times for them, but democ- History Area near Bethel, about 35 miles in working with the children of Fairfax County racy, as always, will most certainly prevail north of the Twin Cities. It’s one of 18 sites in the 11th Congressional District of Virginia. over any adversity. in the nation where scientists conduct long- She will be honored on March 16, 1996, at the f term ecological research. Hunter Mill District Republican Committee's In his latest study, Tilman worked with recognition dinner for African-American com- THE IMPORTANCE OF botanist David Wedin, of the University of BIODIVERSITY Toronto, and Johannes Knops, an adjunct munity-based organizations. faculty member in ecology at the University Mrs. Miller was born in 1880, a mere 15 of Minnesota. years after the end of the Civil War to parents HON. BRUCE F. VENTO In 1994 the researchers and their summer who were former slaves in rural southern Ten- OF MINNESOTA interns planted 147 plots, each 3 meters square, with one, two, four, six, eight, 12 or nessee. She was unable to attend school, but IN THE HOUSE OF REPRESENTATIVES recognized the value of education and gained 24 different prairie plants, chosen randomly what knowledge she could at night from her Wednesday, March 13, 1996 from a pool of 24 species. The plots had ho- siblings who did attend school. Mr. VENTO. Mr. Speaker, important new re- mogeneous soils, were watered equally and were weeded from elevated boardwalks at After leaving Tennessee, Mrs. Miller relo- search by University of Minnesota ecologist regular intervals. Last summer the team cated to Cincinnati, OH, where she worked as David Tilman has confirmed what many know measured how productive the plants were in a domestic for two families until she reached instinctivelyÐbiodiversity is a critical element various plots and what had happened to the the age of 107, after which time she decided of environmental and ecological health. Dr. soil chemistry. to retire and moved to Vienna, VA, where she Tilman worked in conjunction with botanist The results, Tilman said, show that ‘‘plots lives with her niece. She is now 115 years of David Wedin and Johannes Knops, and re- that are more diverse can hold more of the age and continues to be active. cently published the results of an important nutrients and sustain the fertility of the soils.’’ Plots that had few species were not as Mrs. Miller, expressing a desire to share her plant study in the scientific journal Nature. productive, he said, and their soil lost impor- life's experiences, visits with students at ele- In Dr. Tilman's recent study, researchers in tant nutrients. mentary schools in Fairfax County, VA, where Bethel, MN planted 1, 2, 4, 6, 8, 12, or 24 What this means, he said, is that diver- she has become a symbol of ``Living History'' species of prairie plants in plots measuring 3 sity—having a large number of different E348 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 plants—is critical to maintaining environ- peace, good health, and success in all of their the Department of Veterans Affairs hospital mental quality. ‘‘It strongly suggests that future endeavors. system. we could have more productive forests and f The Greater Houston area is proud of Dr. grasslands if, for example, forests weren’t cut and replanted with just one species,’’ DeBakey's accomplishments and grateful for IN HONOR OF DR. MICHAEL all that he has contributed to our community. Tilman said. DEBAKEY One of the reasons why diversity is impor- That gratitude is shared by millions of people tant, Tilman said, is because different plants around the world who have benefited either have particular niches in the ecosystem. HON. KEN BENTSEN personally from his medical care or from prod- They capture nutrients at different times of OF TEXAS ucts and knowledge derived from his medical the growing season, they have different IN THE HOUSE OF REPRESENTATIVES research. Dr. Michael DeBakey has improved kinds of root systems, and they bloom and all of our lives. mature at different stages. Wednesday, March 13, 1996 f In turn, that produces a true community of Mr. BENTSEN. Mr. Speaker, I want to com- plants that is productive, efficient and able mend Dr. Michael DeBakey of Houston for his TRIBUTE TO WILLIAM J. FLYNN to withstand extreme weather and other natural stresses, Tilman said. Two years ago he induction into the Health Care Hall of Fame on showed, in a different experiment at Cedar March 10, 1996. I am proud to represent Dr. HON. THOMAS J. MANTON Creek, that species-rich grasslands were able DeBakey, who is director of the DeBakey OF NEW YORK to recover more rapidly from drought than Heart Center at Methodist Hospital in Houston IN THE HOUSE OF REPRESENTATIVES species-poor plots. and chancellor emeritus of the Baylor College On a regional and even global scale, of Medicine, also in Houston. Wednesday, March 13, 1996 Tilman said, ecosystems must be diverse if Dr. DeBakey first emerged as a medical leg- Mr. MANTON. Mr. Speaker, I rise today to we expect them to continue filtering water, end in 1964 when he performed the first suc- producing food, decomposing waste, enrich- pay tribute to the 1996 grand marshal of the ing soil and purifying air. cessful coronary bypass surgery. However, New York City St. Patrick's Day Parade, Wil- ‘‘If we simplify nature by destroying habi- this distinguished achievement is just one of liam J. Flynn, chairman of the board of Mutual tat or by subdividing land into little frag- the many remarkable achievements during Dr. of America Life Insurance Co. ments, we lose these species. We lost what DeBakey's career. The New York City St. Patrick's Day Parade they’re best at doing in the ecosystem, and Through six decades of research, Dr. is the oldest and largest parade in the history it shows through a loss of productivity,’’ he DeBakey has fought the most indiscriminate of of New York. This year, the parade will be led said. killers: heart disease. He has operated on pa- by Grand Marshal William J. Flynn, a remark- Samual McNaughton, an ecology professor at Syracuse University, said Tilman’s work tients from international statesmen to indigent able business leader and philanthropist who is particularly significant. ‘‘Many authori- people for whom he donated his services. The has excelled in all of his undertakings. tative people say the Earth is now going doctor's patients have traveled from more than Mr. Flynn is a leader in this church, the through this ‘extinction spasm’ because of 80 countries to be healed by his expertise. All business community and the peace movement man’s activities,’’ he said, and people are told, his talent has mended more than 80,000 in Northern Ireland. He has served as a sig- asking what is going to happen to the func- human hearts. nificant architect of the peace process in tioning of the biosphere. Dr. DeBakey is a perfectionist for whom a Northern Ireland, and is steadfast in his com- ‘‘One of the important question is: ‘Do spe- 17- to 18-hour day is typical. The doctor's cies matter?’ ’’ McNaughton said. ‘‘Tilman’s mitment to a just and lasting peace in all of work shows that the number of species does medical expertise as well as these extremely Ireland. matter. And if the way ecosystems function long days have led to more than 40 pres- Mr. Speaker, William Flynn is also an active is tied to biodiversity, we need to know it.’’ tigious medical awards. leader and participant in numerous church, f Dr. DeBakey's career truly has been medi- charitable, political, and social organizations. cal history in the making. Back in 1932, while Mr. Flynn answers to the title of husband, fa- TRIBUTE TO OUR NATION’S still in Tulane Medical School, he developed ther, grandfather, chairman, president, Knight JEWISH WAR VETERANS the roller pump, an instrument that became of Malta and now grand marshal. But perhaps the pumping system for the open-heart sur- the most fitting and worthy title for William J. HON. CHARLES E. SCHUMER gery used around the world. Following serv- Flynn is that of peacemaker. OF NEW YORK ices as a surgical consultant to the U.S. Army Scripture tells us that ``Blessed are the IN THE HOUSE OF REPRESENTATIVES Surgeon General during World War II, he re- peacemakers, for they shall be called the sons turned to Tulane as an assistant professor of of God.'' William J. Flynn is truly a peace- Wednesday, March 13, 1996 surgery. maker. Mr. SCHUMER. Mr. Speaker, I rise today to In 1948, he was selected chairman of the Mr. Speaker, I am proud to recognize the salute America's Jewish war veterans as they newly formed department of surgery at Baylor. achievements of William J. Flynn, and I ask celebrate their 100th anniversary. As one of When Dr. DeBakey first arrived, Baylor did not my colleagues to join me in honoring him as our Nation's oldest and most active veterans have an affiliated hospital so he suggested we prepare to celebrate the feast of Saint Pat- organizations, the Jewish War Veterans have that Harris County's public hospital, Jefferson rick, the patron saint of Ireland. served our country with honor and distinction. Davis Hospital, serve as Baylor's teaching f We certainly owe them our praise and ac- hospital. It was at Jefferson Davis Hospital knowledgment for their bravery and patriotism that Dr. DeBakey performed the first abdomi- DO NOT IMPERIL OUR CHILDREN’S as they gather to celebrate this most signifi- nal aortic aneurysm replacement in the United FUTURE cant event. States and the first heart valve replacement in I have always admired our Jewish veterans Houston. In 1952, Dr. DeBakey again made HON. MATTHEW G. MARTINEZ for fearlessly guarding the interests of our history by developing the first Dacron artificial OF CALIFORNIA great Nation and defending democratic prin- grafts that would later serve as replacements IN THE HOUSE OF REPRESENTATIVES ciples worldwide. Thousands of Jewish-Amer- for diseased arteries. One year later, he per- ican service men and women have risked their formed the first successful endarterectomy; a Wednesday, March 13, 1996 lives for the sake of freedom and stability in procedure in which the lesion is peeled away Mr. MARTINEZ. Mr. Speaker, I rise to pro- foreign lands. Not only have they fought from an artery wall. This treatment helped re- test the new majority's plans for education. bravely, but they have also tended to the sick, duce a major cause of strokes. The appropriations legislation put forth before hopeless, and disabled in hospitals and clin- Before long, Houston was home to the the House last week would make the largest ics. Their leadership has been instrumental in world's largest cardiovascular center in terms cut in education in our history. My home State guiding our country in times of strife. Ameri- of heart surgeries performed. of California stands to lose almost $400 mil- ca's Jewish veterans have certainly done Dr. DeBakey has played a role in nearly lion. Programs that serve the neediest children much to improve the lives of people every- every aspect of health care. He has been an were not even spared. A large share of the cut where and will continue to do so in times adviser to almost every President and was in- in funding for CaliforniaÐ$122.3 millionÐis a ahead. fluential in some of the most important mile- reduction in education for disadvantaged chil- I urge all my colleagues to join me in salut- stones of health policy. He was instrumental in dren. Both the safe and drug-free schools and ing this important group as they celebrate their establishing the National Library of Medicine, bilingual education programs are cut by 60 100th anniversary. I wish them continued mobile army surgical hospitals [MASH], and percent. March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E349 Members on the other side of the aisle OPPOSITION TO REDUCTIONS IN FEDERAL close friends; and Uncle and Aunt, Dr. and argue that we must balance our budget for the EDUCATION ASSISTANCE Mrs. Robert Richard of Bloomfield Hills, MI, I future of our children and our children's chil- (Adopted by the Los Angeles City Board of am pleased to convey their pride and deepest dren. However, how can we guarantee them Education, December 4, 1995) contentment of his outstanding achievement. any future if we cut education to do this? This Whereas, The United States Congress is We must commend not only Jeffrey's private is not just talk from a politician trying to save cutting Federal support for local education endeavor but, also, those Michigan educators, a bureaucracy, as some alleged that my col- programs in an unprecedented manner, with elementary through post-secondary, for their leagues were doing during debate last Thurs- the deepest reductions affecting California schools; interest and commitment which shaped a day. Students, parents, educators, and local Whereas, These cuts may result in the Los bright young mind into perpetual curiosity and school officials have called upon us to protect Angeles Unified School District (LAUSD) tenacity of purpose, and provided him with the the Federal investment in education and our losing over $72 million in assistance for dis- foundation to find delight in the complex. His children. advantaged students, the single largest cut accomplishment is a testament to their suc- Dr. Gary Rapkin, superintendent of the in funding to Los Angeles schools since Fed- cess and the success of the public educational Mountain View School district in El Monte as- eral support for education began 30 years system. serted that: ago; Mr. Speaker, it is indeed an honor and Whereas, The poverty rate among students Federal education programs are strongly pleasure for me to rise today to pay tribute to supported by the very people responsible for in LAUSD averages about 60 percent and Title I, a Federal program which helps low- this outstanding student. I know that Jeffrey implementing local control, including school Wharff will pursue his interests with the same board members, school administrators, income students learn basic reading and teachers, and other education employees, math skills, may be cut in Los Angeles by zeal as he did his academic achievements. I parents, and students. The loss of these funds over $24 million; wish him well in his future endeavors. can not be easily replaced, either by local Whereas, 57 percent of students who attend tax increases, tuition increases or private ef- LAUSD schools speak English as a second f forts. Please support America’s students by language, and Federal assistance to help stu- opposing cuts in Federal education programs dents learn English may be cut by the Con- TRIBUTE TO ROBERTA CALVERT and providing students and schools the re- gress by $104 million nationwide; and HEYER sources they need to extend educational and Whereas, Additional cuts to Federal pro- economic opportunity to every American. grams which help reduce drug abuse and dropout rates, prevent violence in schools, HON. BOB FILNER Miss Clyle J. Alt, president of the and help provide students with vocational Montebello Teachers Association, recently skills have already been made by the House OF CALIFORNIA stated: of Representatives: Now, therefore, be it IN THE HOUSE OF REPRESENTATIVES Cuts that hurt education, and therefore Resolved, That the Board of Education of Wednesday, March 13, 1996 children are misguided. The budget should the City of Los Angeles oppose Federal cuts not be balanced on the backs of children. I in education assistance, and urge our Con- Mr. FILNER. Mr. Speaker, and colleagues, I urge you to oppose any proposal, whether gressional delegation to vote against any rise today to honor a great friend and commu- regular appropriations or continuing resolu- education reductions; and be it tions, that would cut education in fiscal year nity leader who passed away recentlyÐRo- Resolved further, That the Board urge the berta Calvert Heyer. 1996. President of the United States to oppose Dr. Terry J. Larsen, the K±12 special these cuts and veto any legislation that re- Roberta Heyer was an accomplished paint- projects coordinator for the Alhambra School duces the Federal government’s obligation to er, landscape artist, educator, civil rights activ- district, wrote: provide education assistance to the coun- ist, and civic leader. try’s neediest students. I understand that education is facing a cut A San Diego State University graduate with of $3 billion or 20 percent—the largest in his- f a master of arts degree in art history, Roberta tory. That is unacceptable. A strong edu- taught elementary school in the 1950's, and cational system is the backbone of a strong IN HONOR OF JEFFREY WHARFF art history at Cuyamaca and Mesa Community nation. These cuts must not stand. Colleges from 1976 to 1989. Her knowledge Mr. Ronald W. Johnson, the director of fi- HON. DALE E. KILDEE and expertise in art and historical architecture led to her appointment to the Old Town nancial aid at UCLA, attested that: OF MICHIGAN Planned District Review Board, where she In this era of increased technology, that IN THE HOUSE OF REPRESENTATIVES will usher in the new millennium, the edu- served for 5 years. cational preparation for our precollege youth Wednesday, March 13, 1996 A resident of the Encanto community since must be supported as a critical funding pri- 1958, Roberta organized workshops at her ority. The inappropriateness of funding re- Mr. KILDEE. Mr. Speaker, I rise today before my colleagues in the U.S. House of Rep- neighborhood school, Encanto Elementary ductions to elementary and secondary School, to provide art education to students. schools is exacerbated by the dramatic in- resentatives to pay tribute to a student of out- creases in expenditures for prisons in many standing academic achievement, Jeffrey In the 1960's, Roberta served as vice presi- States across the Nation. The cost for incar- Wharff. It is my deepest pleasure to bring to dent of the local Citizens for Racial Equality. cerating one felon is approximately $23,000 a your attention good news, Mr. Jeffrey Craig Her work in establishing human relations pro- year. It is inexcusable that such expendi- Wharff of Rochester Hills, MI, was conferred grams in San Diego schools to foster racial tures would be considered a priority, rather the honor of a Doctorate of Philosophy in the harmony and understanding was recognized than the proactive investment to K–12 edu- discipline of economics by The American Uni- by an appointment as the city of San Diego's cation, higher education, health care sys- representative to the County Human Relations tems, and human resource systems. Your versity on January 28, 1996. continued support for educational funding Mr. Wharff graduated from Rochester Commission. will provide economic opportunity and inclu- Adams High School in 1980. He then went on Roberta won the respect and admiration of sive participation in our society, which is vi- to attend Oakland Community College in Au- her friends, family, and community for her tally important to our national interest. burn Hills, MI. After four semesters he, en- sense of humor, her community involvement, Finally, I am including in the RECORD this couraged by his success, applied and earned and her dedication to our democratic prin- resolution adopted by the Los Angeles City entrance to the American University in Wash- ciples and values. Board of Education last December. It ex- ington, DC. Immediately, Jeffrey found his in- In this lifetime, we come across a small presses the board's `òpposition to reductions tellectual passion for economics. Following number of special peopleÐthose who touch in Federal education assistance'' and, I be- completion of his undergraduate degree in our minds, hearts, and souls with their activ- lieve graphically illustrates the impact that pro- 1987, he swiftly earned his Masters of Arts ism, optimism, and dedication to making ev- posed education appropriations will have on and has now demonstrated his devotion to the eryone's life richer. Roberta was one of those one of the largest school districts in the Na- field with a Ph.D. chosen few. My thoughts and prayers go out tion. On behalf of his parents, Mr. and Mrs. to her husband, Warren, and her family, I urge my colleagues to heed their con- Donovan Wharff of Rochester Hills, MI; broth- friends, and the community. This world needs sciences and do what is right for America's er Bradley Wharff of Rochester Hills, MI, wife more people like Roberta Calvert HeyerÐshe children. Terri; James Lambert and Mary Matson, his will be missed. E350 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1996 SENATE COMMITTEE MEETINGS Governmental Affairs ment, and demonstration of hydrogen Title IV of Senate Resolution 4, Permanent Subcommittee on Investiga- as an energy carrier, and a demonstrations tion-commercialization project which agreed to by the Senate on February 4, To hold hearings to examine the asset produces hydrogen as an energy source 1977, calls for establishment of a sys- forfeiture program, focusing on issues produced from solid and complex waste tem for a computerized schedule of all relating to the Bicycle Club Casino. for on-site use fuel cells, and H.R. 655, meetings and hearings of Senate com- SD–342 to authorize the hydrogen research, de- mittees, subcommittees, joint commit- Judiciary velopment, and demonstration pro- tees, and committees of conference. To hold hearings on proposed legislation grams of the Department of Energy. This title requires all such committees authorizing funds for programs of the SD–366 to notify the Office of the Senate Daily Hate Crimes Statistic Act. Digest—designated by the Rules Com- SD–226 MARCH 21 2:30 p.m. mittee—of the time, place, and purpose Environment and Public Works 9:30 a.m. of the meetings, when scheduled, and To hold hearings to examine comparative Energy and Natural Resources any cancellations or changes in the risk assessment. Parks, Historic Preservation and Recre- meetings as they occur. SD–406 ation Subcommittee As an additional procedure along To hold hearings on S. 305, to establish with the computerization of this infor- MARCH 20 the Shenandoah Valley National Bat- mation, the Office of the Senate Daily 9:30 a.m. tlefields and Commission in the Com- Digest will prepare this information for Armed Services monwealth of Virginia, H.R. 1091, to printing in the Extensions of Remarks Acquisition and Technology Subcommittee improve the National Park System in the Commonwealth of Virginia, S. 1225, section of the CONGRESSIONAL RECORD To resume hearings on proposed legisla- to require the Secretary of the Interior on Monday and Wednesday of each tion authorizing funds for fiscal year 1997 for the Department of Defense and to conduct an inventory of historic week. sites, buildings, and artifacts in the Meetings scheduled for Thursday, the future years defense plan, focusing on technology base programs. Champlain Valley and the upper Hud- March 14, 1996, may be found in the SR–232A son River Valley, including the Lake Daily Digest of today’s RECORD. Governmental Affairs George area, S. 1226, to require the Sec- MEETINGS SCHEDULED Permanent Subcommittee on Investiga- retary of the Interior to prepare a tions study of battlefields of the Revolution- To resume hearings to examine global MARCH 15 ary War and the War of 1812, and to es- proliferation of weapons of mass de- tablish an American Battlefield Pro- 9:30 a.m. struction. tection Program, and S.J. Res. 42, des- Armed Services SD–342 ignating the Civil War Center at Lou- Airland Forces Subcommittee Labor and Human Resources isiana State University as the United To hold hearings on proposed legislation Business meeting, to mark up S. 1578, In- States Civil War Center, making the authorizing funds for fiscal year 1997 dividuals With Disabilities Education for the Department of Defense, focus- center the flagship institution for plan- Act, H.R. 849, Age Discrimination in ning the sesquicentennial commemora- ing on tactical aviation programs. Employment Amendments, and pro- SR–222 tion of the Civil War. posed legislation authorizing funds for SD–366 Labor and Human Resources the Older Americans Act. 10:30 a.m. To hold hearings on S. 581, to repeal SD–430 Small Business those provisions of Federal law that re- Rules and Administration To hold hearings on HUBZones: Revital- quire employees to pay union dues or To hold hearings on proposed legislation izing inner cities and rural America. fees as a condition of employment. authorizing funds for fiscal year 1997 SD–430 for the Congressional Research Service. SR–428A 10:00 a.m. SR–301 2:00 p.m. Armed Services 10:00 a.m. Energy and Natural Resources Acquisition and Technology Subcommittee Appropriations To hold hearings on S. 1605, to amend the To hold hearings on proposed legislation Defense Subcommittee Energy Policy and Conservation Act to authorizing funds for fiscal year 1997 To hold hearings on proposed budget es- manage the Strategic Petroleum Re- for the Department of Defense and the timates for fiscal year 1997 for the De- serve more effectively. future years defense plan, focusing on partment of Defense, focusing on the SD–366 emerging battlefield concepts for the ballistic missile defense program. 21st century and the implications of SD–192 MARCH 26 these concepts for technology invest- Appropriations 2:00 p.m. ment decisions. Foreign Operations Subcommittee Commerce, Science, and Transportation SR–232A To hold hearings on proposed budget es- Science, Technology, and Space Sub- timates for fiscal year 1997 for foreign committee MARCH 19 assistance programs. To hold hearings on the proposed budget 9:00 a.m. SD–138 request for fiscal year 1997 for the Na- Armed Services Armed Services tional Aeronautics and Space Adminis- SeaPower Subcommittee Personnel Subcommittee tration (NASA), and to examine recent To hold hearings on proposed legislation To resume hearings on proposed budget developments in the Space Station pro- authorizing funds for fiscal year 1997 estimates for fiscal year 1997 for the gram. for the Department of Defense and the Department of Defense and the future SR–253 future years defense program, focusing years defense plan, focusing on man- on the Department of the Navy expedi- power, personnel, and compensation MARCH 27 tionary warfare programs. programs. SR–232A SR–222 9:30 a.m. 9:30 a.m. Budget Commerce, Science, and Transportation Commerce, Science, and Transportation To hold hearings on the President’s fiscal To hold hearings to examine Spectrum’s To hold oversight hearings on activities year 1997 budget proposals. use and management. of the Federal Communications Com- SD–608 SR–253 mission. Veterans’ Affairs Governmental Affairs SR–253 To resume hearings to examine the re- Permanent Subcommittee on Investiga- 10:00 a.m. form of health care priorities. tions Armed Services SR–418 To resume hearings to examine global To hold hearings on proposed legislation 2:00 p.m. proliferation of weapons of mass de- authorizing funds for fiscal year 1997 Energy and Natural Resources struction. for the Department of Defense and the Energy Research and Development Sub- SD–342 future years defense program, focusing committee Rules and Administration on the unified commands military To hold hearings on S. 1077, to authorize To hold hearings to review certain issues strategies and operational require- research, development, and demonstra- with regard to the Government Print- ments. tion of hydrogen as an energy carrier, ing Office. SR–222 S. 1153, to authorize research, develop- SR–301 March 13, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E351 Veterans’ Affairs Act of 1971 to provide for a voluntary SEPTEMBER 17 To hold joint hearings with the House system of spending limits and partial 9:30 a.m. Committee on Veterans’ Affairs to republic financing of Senate primary and Veterans’ Affairs view the legislative recommendations general election campaigns, to limit To hold joint hearings with the House of the Veterans of World War I, contributions by multicandidate politi- Committee on Veterans’ Affairs to re- AMVETS, the American Ex-Prisoners cal committees, and to reform the fi- view the legislative recommendations of War, the Vietnam Veterans of Amer- nancing of Federal elections and Sen- ica, and the Military Order of the Pur- of the American Legion. ate campaigns. ple Heart. 335 Cannon Building SR–301 345 Cannon Building APRIL 18 MARCH 28 POSTPONEMENTS 9:00 a.m. 9:30 a.m. Commerce, Science, and Transportation Indian Affairs MARCH 14 To hold oversight hearings on the recent To resume hearings to examine Spec- settlement and accommodation agree- trum’s use and management. 9:30 a.m. ments concerning the Navajo and Hopi SR–253 Labor and Human Resources land dispute. Business meeting, to mark up S. 1477, to SR–485 MAY 1 improve the Federal regulation of food, 9:30 a.m. drugs, devices, and biological products. APRIL 17 Rules and Administration SH–216 9:30 a.m. To resume hearings on issues with regard Rules and Administration to the Government Printing Office. To resume hearings on proposals to SR–301 amend the Federal Election Campaign Wednesday, March 13, 1996 Daily Digest

HIGHLIGHTS House Committees ordered reported 14 sundry measures. Senate Rejected: Chamber Action Biden Amendment No. 3483 (to Amendment No. Routine Proceedings, pages S1905–S2003 3466), to provide funding for community oriented Measures Introduced: Three bills and one resolu- policing services. (By 52 yeas to 48 nays (Vote No. tion were introduced, as follows: S. 1610–1612, and 31), Senate tabled the amendment.) Pages S1935±54 S. Con. Res. 46. Pages S1969±70 Gramm Modified Amendment No. 3490 (to Amendment No. 3466), to eliminate the emergency Continuing Appropriations: Senate continued con- designation provisions. (By 55 yeas to 45 nays (Vote sideration of H.R. 3019, making appropriations for No. 32), Senate tabled the amendment.) fiscal year 1996 to make a further downpayment to- Pages S1955±61, S1962±63 ward a balanced budget, taking action on amend- Pending: ments proposed thereto, as follows: Pages S1907±67 Hatfield Modified Amendment No. 3466, in the Adopted: nature of a substitute. Page S1907 (1) Reid Amendment No. 3478 (to Amendment Lautenberg Amendment No. 3482 (to Amend- No. 3466), to restore funding for and ensure the ment No. 3466), to provide funding for programs protection of endangered species of fish and wildlife. necessary to maintain essential environmental protec- Page S1933 tion. Pages S1915±26 (2) Hutchison/Kempthorne Amendment No. 3479 Grams Amendment No. 3492 (to Amendment (to Amendment No. 3478), to reduce funding for No. 3466), to establish a lock-box for deficit reduc- endangered species listings. (By 49 yeas to 51 nays tion and revenues generated by tax cuts. (Vote No. 30), Senate earlier failed to table the Pages S1961±26 amendment.) Pages S1907±11, S1912±15, S1933 A unanimous-consent agreement was reached pro- (3) Dole (for McConnell) Modified Amendment viding for further consideration of the bill and cer- No. 3480 (to Amendment No. 3466), to provide tain amendments to be proposed thereto. economic reconstruction funds to Bosnia and Pages S1966±67 Herzegovina subject to compliance with the Dayton Senate will continue consideration of the bill on Accord’s requirement for withdrawal of foreign Thursday, March 14, 1996. troops. Pages S1911±12, S1933±35, S1945 (4) Dole (for McConnell) Modified Amendment Whitewater Investigation—Cloture Vote: By 53 No. 3481 (to Amendment No. 3466), to provide yeas to 47 nays (Vote No. 29), three-fifths of those economic assistance to Bosnia and Herzegovina sub- Senators duly chosen and sworn not having voted in ject to certain conditions. the affirmative, Senate failed to agree to close further Pages S1911±12, S1933±35, S1945 debate on the motion to proceed to the consideration (5) Gregg (for Gorton) Amendment 3489 (to of S. Res. 227, to authorize the use of additional Amendment No. 3466), to require the FCC to pay funds for salaries and expenses of the Special Com- the travel-related expenses of the Federal-State Joint mittee to Investigate Whitewater Development Cor- Board on Universal Service. Page S1954 poration and Related Matters. Pages S1926±33 (6) Gregg (for Biden) Amendment No. 3491 (to A vote on a third cloture motion to close further Amendment No. 3466), to provide funds for the es- debate on the motion to proceed to consideration of tablishment of Boys and Girls Clubs in public hous- the resolution will occur on Thursday, March 14, ing facilities and other areas in cooperation with 1996. Page S2003 State and local law enforcement. Page S1961 Communications: Pages S1968±69 D186 March 13, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D187

Executive Reports of Committees: Page S1969 Smith, Assistant to the Secretary of Defense for Nu- Statements on Introduced Bills: Pages S1970±77 clear, Chemical and Biological Defense; Victor S. Rezendes, Director, Energy, Resources and Science Additional Cosponsors: Pages S1977±78 Issues, General Accounting Office; Joan B. Rohlfing, Amendments Submitted: Pages S1978±89 Director, Office of Non-Proliferation and National Security; Siegfried S. Hecker, Director, Los Alamos Notices of Hearings: Page S1989 National Laboratory, C. Bruce Tarter, Director, Law- Authority for Committees: Pages S1989±90 rence Livermore National Laboratory, and C. Paul Additional Statements: Pages S1990±99 Robinson, President, Sandia National Laboratories, Record Votes: Four record votes were taken today. all of the Department of Energy; Ambrose L. Schwallie, Westinghouse/Savannah River Co., Aiken, (Total–32) Pages S1933, S1954, S1963 South Carolina; Karen K. Clegg, Allied Signal, Kan- Recess: Senate convened at 9:15 a.m., and recessed sas City, Missouri; F.P. Gustavson, Lockheed Martin at 8:45 p.m., until 9:30 a.m., on Thursday, March Energy System, Oak Ridge, Tennessee; and William 14, 1996. (For Senate’s program, see the remarks of A. Weinreich, Pantex Plant, Amarillo, Texas. the Acting Majority Leader in today’s Record on Subcommittee recessed subject to call. page S2003.) BUSINESS MEETING Committee Meetings Committee on Energy and Natural Resources: Committee ordered favorably reported the following business (Committees not listed did not meet) items: S. 1271, to amend the Nuclear Waste Policy Act AUTHORIZATION—DEFENSE of 1982 to direct the Secretary of Energy to develop Committee on Armed Services: Committee continued an integrated management system for spent nuclear hearings on proposed legislation authorizing funds fuel and high-level nuclear waste, with an amend- for fiscal year 1997 for the Department of Defense ment in the nature of a substitute; and the future years defense plan, receiving testi- S. 1596, to convey to the State of California cer- mony from Togo D. West, Jr., Secretary of the tain land specified for the Ward Valley Low level Army; and Gen. Dennis J. Reimer, USA, Chief of Radioactive Waste facility; Staff of the Army. S. 1467, authorizing funds for the Federal portion Hearings continue tomorrow. of a rural water supply system within the service area of the Fort Peck Rural Water County District AUTHORIZATION—DEFENSE in Montana; and Committee on Armed Services: Subcommittee on Person- The nominations of Thomas Paul Grumbly, of nel held hearings on proposed legislation authorizing Virginia, to be Under Secretary of Energy, Alvin L. funds for fiscal year 1997 for the Department of De- Alm, of Virginia, to be Assistant Secretary of Energy fense and the future years defense program, focusing for Environmental Management, and Charles Wil- on manpower, personnel, and compensation pro- liam Burton, of Texas, and Christopher M. Coburn, grams, receiving testimony from Edwin Dorn, Under of Ohio, each to be a Member of the Board of Direc- Secretary of Defense for Personnel and Readiness; tors of the United States Enrichment Corporation. Sara E. Lister, Assistant Secretary of the Army for CONVENTION ON CHEMICAL WEAPONS Manpower and Reserve Affairs; Bernard Rostker, As- sistant Secretary of the Navy for Manpower and Re- Committee on Foreign Relations: Committee resumed serve Affairs; and Rodney A. Coleman, Assistant Sec- hearings on the Convention on the Prohibition of retary of the Air Force for Manpower and Reserve Development, Production, Stockpiling and Use of Affairs, Installations and Environment. Chemical Weapons and on Their Destruction, Subcommittee will meet again on Wednesday, opened for signature and signed by the United States March 20. at Paris on January 13, 1993 (Treaty Doc. 103–21), receiving testimony from Amoretta Hoeber, former ENERGY DEFENSE PROGRAMS Deputy Under Secretary of the Army, Arlington, Committee on Armed Services: Subcommittee on Strate- Virginia; Baker Spring, Heritage Foundation, Wash- gic Forces held hearings to examine Department of ington, D.C.; J.D. Crouch, Southwest Missouri State, Energy atomic energy defense programs, focusing on Branson, former Principal Deputy Assistant Secretary nuclear stockpile stewardship and management, re- of Defense for International Security Policy; and Mi- ceiving testimony from Charles B. Curtis, Deputy chael L. Moodie, Chemical and Biological Arms Secretary of Energy; Victor H. Reis, Assistant Sec- Control Institute, Alexandria, Virginia. retary of Defense for Defense Programs; Harold P. Hearings were recessed subject to call. D188 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1996

WEAPONS PROLIFERATION nel, improving the verification system for employer Committee on Governmental Affairs: Permanent Sub- sanctions, increasing penalties for alien smuggling committee on Investigations held hearings to exam- and for document fraud, reforming asylum, exclu- ine the status of United States efforts to improve nu- sion, and deportation law and procedures, instituting clear material controls in the Newly Independent a land border user fee, and reducing the use of wel- States, receiving testimony from John F. Sopko, fare by aliens, and S. 1394, to reform the legal im- Deputy Chief Counsel to the Minority, and Alan migration of immigrants and nonimmigrants to the Edelman, Counsel to the Minority, both of the Per- United States, but did not complete action thereon, manent Subcommittee on Investigations; Harold J. and will meet again tomorrow. Johnson, Associate Director, International Relations and Trade Issues, National Security and International CAMPAIGN FINANCE REFORM Affairs Division, General Accounting Office; Glenn Committee on Rules and Administration: Committee re- E. Schweitzer, Director, Office for Central Europe sumed hearings on proposals to amend the Federal and Eurasia, National Research Council; Graham Al- Election Campaign Act of 1971 to provide for a vol- lison, Harvard University, Cambridge, Massachu- untary system of spending limits and partial public setts; William C. Potter, Monterey Institute of Inter- financing of Senate primary and general election national Studies, Monterey, California; Sarah A. campaigns, to limit contributions by multicandidate Mullen, Center for Strategic and International Stud- political committees, and to reform the financing of ies, and Joshua Handler, Greenpeace, both of Wash- Federal elections and Senate campaigns, receiving ington, D.C.; Gary Bertsch, University of Georgia, testimony from Representatives Shays, Meehan, and Athens; and Andrei Y. Glukhov, Battelle Pacific Linda Smith; David N. O’Steen, National Right to Northwest National Laboratory, Richland, Washing- Life Committee, and Becky Cain, League of Women ton. Voters of the United States, both of Washington, Hearings continue on Wednesday, March 20. D.C.; John Dye, Lebanon, Virginia, on behalf of the IMMIGRATION REFORM Virginia Rural Letter Carriers’ Association; James Committee on the Judiciary: Committee ordered favor- Bopp, Jr., Terre Haute, Indiana, on behalf of the ably reported the nominations of Joseph A. Free Speech Coalition; Charles R. Serio, Linthicum Greenaway, to be United States District Judge for Heights, Maryland; Col. Billie M. Bobbitt, USAF the District of New Jersey, Ann D. Montgomery, to (Ret.), Sidney, Ohio; and Linda DeVries, Louisville, be United States District Judge for the District of Kentucky. Minnesota, James P. Jones, to be United States Dis- Hearings continue on Wednesday, April 17. trict Judge for the Western District of Virginia, and Gary A. Fenner, to be United States District Judge INTELLIGENCE for the Western District of Missouri. Select Committee on Intelligence: Committee held closed Also, committee resumed markup of S. 269, to in- hearings on intelligence matters, receiving testimony crease control over immigration to the United States from officials of the intelligence community. by increasing border patrol and investigator person- Committee recessed subject to call. h House of Representatives during the proceedings of the House under the five- Chamber Action minute rule: Committees on Banking and Financial Bills Introduced: 8 public bills, H.R. 3074–3081; Services, Commerce, Government Reform and Over- 1 private bill, H.R. 3082; and 2 resolutions, H.J. sight, International Relations, National Security, Re- Res. 163, and H. Res. 381 were introduced. sources, and Transportation and Infrastructure. Pages H2223±24 Page H2129 Speaker Pro Tempore: Read a letter from the Anti-Terrorism Act: House completed all general Speaker wherein he designates Representative Everett debate and began consideration of amendments to to act as Speaker pro tempore for today. Page H2125 H.R. 2703, to combat terrorism. Consideration of Committees to Sit: The following committees and amendments will resume on Thursday, March 14. their subcommittees received permission to sit today Pages H2137±93 March 13, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D189 Agreed To: study possible impact of internationally-produced The Hyde amendment that changes the knowl- counterfeit U.S. currency on domestic crime and ter- edge requirement to make it illegal for an individual rorist activity; and adds offenses involving the use of to provide material support to a foreign organization biological weapons to those crimes punishable under that the individual has reasonable cause to believe, Federal law; Pages H2176±79 rather than should have known, is terrorist in nature; The DeLauro amendment requiring the U.S. Sen- deletes provisions which allow law enforcement to tencing Commission to issue increased penalties for use ‘‘pen register’’ and ‘‘trap-and-trace devices’’ in individuals convicted of crimes involving the use of foreign counterintelligence operations; permits the firearms equipped with laser sighting devices; FBI to access certain personal transaction records, Pages H2179±81, H2183 such as consumer credit reports, airline or bus pas- The Schumer amendment that authorizes such sengers records, or vehicle rental information; modi- sums as may be necessary for fiscal years 1996 fies provisions allowing U.S. citizens to file a lawsuit through 2000 for the FBI to hire personnel and pur- against terrorist states by requiring pre-trial arbitra- chase equipment to support expanded investigations tion between parties to the lawsuit if the terrorist of domestic and international terrorism; to establish act occurred in the boundaries of the country being a Domestic Counterterrorism Center within the FBI sued and provides a ten-year statute of limitations in to coordinate and centralize Federal, State, and local which a U.S. citizen may file a lawsuit against an- law enforcement efforts in response to major inci- other country; requires courts to provide victims ac- dents of terrorism; and to cover costs of providing cess to trial coverage via closed-circuit television if law enforcement coverage of public events that may the trial is moved outside of, or a significant dis- be targeted by domestic or international terrorists; tances from, the State where the victim lives or Page H2181 where the trial was to have taken place; adds a new The Bartlett amendment that creates a five-mem- provision allowing the FBI to provide training to ber commission to study whether Federal law en- foreign law enforcement officers in order to assist de- forcement agencies are complying with existing law veloping nations to acquire skills and resources nec- and constitutional protections and to report its find- essary to conduct effective law enforcement; and de- ings to Congress within two years; Pages H2185±87 letes the provisions allowing the U.S. Attorney Gen- The Bryant of Tennessee amendment that pro- eral to provide rewards to persons giving information hibits the payment of unusually high fees to court- to the government leading to a felony conviction; appointed legal counsel in death penalty appeals Pages H2164±66 cases; codifies a $75 to $125 range in the judiciary’s The Barr amendment that extends to one year a policies and procedures guide with respect to death study of law enforcement safety issues including a penalty cases; and requires public disclosure of study of law enforcement officer deaths due to acci- amounts awarded in fees and expenses; dents, non-felony causes, felony firearm use, and the Pages H2187±88, H2194 use of ‘‘armor piercing’’ ammunition; strikes provi- The Martini amendment that makes it a Federal sions to allow Federal law enforcement access to crime, punishable by death, to intentionally kill or consumer credit, public accommodation, and com- attempt to kill more than one person in a single mon carrier information; strikes the ‘‘good faith’’ ex- criminal act; Pages H2188±90, H2194 ceptions to the statutory exclusionary rule for admit- The Doolittle amendment that authorizes State ting in court certain evidence gathered by wiretaps; and local law enforcement agencies to arrest and de- strikes provisions allowing aliens to be excluded or tain illegal aliens who have been convicted of a fel- denied asylum in the United States based on their ony in the United States and who subsequently left membership in a suspected or known terrorist orga- the country or were deported after such conviction; nization; and strikes language requiring telephone provides that, before arrest, State and local law en- companies to allow Federal authorities access to bill- forcement agencies confirm the INS status of indi- ing records, and to maintain their records for 90 viduals; and provides that the Justice Department days to assist in Federal criminal investigations cooperate with States to ensure relevant information (agreed to by a recorded vote of 246 ayes to 171 is furnished to States; and Pages H2190±92 noes, Roll No. 61); Pages H2166±76 The McCollum amendment that establishes a The Hyde en bloc amendment, as modified, that criminal penalty for anyone who engages in a finan- adds a number of specific acts to the list of punish- cial transaction with a terrorist organization or a able offenses which quality as providing ‘‘material country which supports terrorist activities. support to a terrorist organization’’; requires Federal Pages H2192±93 authorities to purchase only American-made equip- Earlier, rejected the Volkmer motion that the ment with funds authorized; creates a task force to Committee of the Whole House on the State of the D190 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1996 Union rise and report the bill back to the House, INTERIOR APPROPRIATIONS striking out all after the enacting clause. Committee on Appropriations: Subcommittee on Interior Pages H2184±85 held a hearing on the National Endowment for the H. Res. 380, the rule under which the bill was Arts. Testimony was heard from Jane Alexander, considered, was agreed to earlier by a yea-and-nay Chairman, National Endowment for the Arts, Na- vote of 251 yeas to 157 nays, Roll No. 60. tional Foundation on the Arts and the Sciences. Pages H2129±37 Subsequently, it was made in order that H. Res. LABOR-HHS-EDUCATION 376, the rule which had provided for general debate APPROPRIATIONS only, be laid on the table. Page H2137 Committee on Appropriations: Subcommittee on Labor, Product Liability Litigation: By unanimous con- Health and Human Services, and Education held a sent, the Chair appointed Representative Markey as hearing on the following: the National Mediation a conferee on H.R. 956, to establish legal standards Board; the Railroad Retirement Board; the Armed and procedures for product liability litigation, to re- Forces Retirement Home; the Physician Payment Review Commission; and the Prospective Payment place Representative Wyden. Page H2190 Assessment Commission. Testimony was heard from Further Continuing Appropriations: It was made Magdalena G. Jacobsen, Chairwoman, National Me- in order that the Committee on Appropriations be diation Board; Glen L. Bower, Chairman, Railroad discharged from further consideration of H.J. Res. Retirement Board; Dennis W. Jahnigan, M.D., 163, making further continuing appropriations for Chairman, Armed Forces Retirement Home; Gail R. the fiscal year 1996, when called up; that it be in Wilensky, Chair, Physician Payment Review Com- order at any time to consider the joint resolution in mission; and Stuart Altman, Chairman, Prospective the House; that the joint resolution be debatable for Payment Assessment Commission. not to exceed one hour, to be equally divided and controlled by Chairman Livingston and Representa- MILITARY CONSTRUCTION tive Obey; that all points of order against the joint APPROPRIATIONS resolution and against its consideration be waived; Committee on Appropriations: Subcommittee on Mili- and that the previous question be considered as or- tary Construction held a hearing on the Navy. Testi- dered on the joint resolution to final passage without mony was heard from the following officials of the intervening motion, except one motion to recommit, Department of the Navy: Robert B. Pirie, Jr., Assist- with or without instructions. Page H2193 ant Secretary (Installations and Environment); Use of the Capitol Rotunda: House agreed to S. RAdm. David J. Nash, USN, Civil Engineer Corps, Con. Res. 45, authorizing the use of the Capitol Ro- Commander, Naval Facilities Engineering Command; tunda on May 2, 1996, for the presentation of the Brig. Gen. Thomas A. Braaten, USMC, Assistant Congressional Medal of Honor to Reverend and Mrs. Deputy Chief of Staff, Installations and Logistics (Fa- cilities); and Capt. John F. Brunelli, USN, Executive Billy Graham. Page H2193 Assistant, Director, Naval Reserve. Senate Message: Message received from the Senate today appears on page H2127. NATIONAL SECURITY APPROPRIATIONS Quorum Calls—Votes: One yea-and-nay vote and Committee on Appropriations: Subcommittee on Na- one recorded vote developed during the proceedings tional Security met in an executive session to hold of the House today and appear on pages H2136–37 a hearing on Commander in Chief, U.S. Pacific and H2175–76. Command and the Commander in Chief, U.S. Forces Korea. Testimony was heard from the following offi- Adjournment: Met at 11 a.m. and adjourned at cials of the Department of Defense: Adm. Joseph W. 9:45 p.m. Prueher, USN, Commander in Chief, U.S. Pacific Command; and Gen. Gary E. Luck, USA, Com- Committee Meetings mander, United Nations Command/Combined Forces AGRICULTURE, RURAL DEVELOPMENT, Command/U.S. Forces Korea. FDA, AND RELATED AGENCIES TRANSPORTATION APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Trans- Committee on Appropriations: Subcommittee on Agri- portation held a hearing on Federal Railroad Admin- culture, Rural Development, FDA, and Related istration and AMTRAK. Testimony was heard from Agencies held a hearing on Inspector General Over- Jolene M. Molitoris, Administrator, Federal Railroad view. Testimony was heard from Roger C. Viadero, Administration, Department of Transportation; and Inspector General, USDA. Thomas M. Downs, President and Chairman, Board March 13, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D191 of Directors, National Railroad Passenger Corpora- Governors; Marvin T. Runyon, Postmaster General tion (AMTRAK). and CEO; and Kenneth J. Hunter, Inspector General RISK ASSESSMENT—BANKS and Chief Postal Inspector, U.S. Postal Inspection Service; Edward J. Gleiman, Chairman, Postal Rate Committee on Banking and Financial Services: Held a Commission; and Michael E. Motley, Associate Di- hearing on the Risk Assessment of Banks. Testimony rector, Government Business Operations Issues, was heard from Rich Spillenkothen, Director, Divi- GAO. sion of Banking Supervision and Regulation, Federal Reserve System; the following officials of the Depart- ARMS TRANSFERS TO JORDAN ment of the Treasury: Eugene A. Ludwig, Comptrol- Committee on International Relations: Held a hearing on ler of the Currency; and Jonathan L. Flechter, Acting Arms Transfers to Jordan. Testimony was heard from Director, Office of Thrift Supervision; Ricki Helfer, Peter Martinez, Director, Lebanon, Jordan, Syria Af- Chairman, FDIC; Aida Alvarez, Director, Office of fairs, Office of Near Eastern Affairs, Department of Federal Housing Enterprise Oversight, Department State; and the following officials of the Department of Housing and Urban Development; and public of Defense; Bruce Reidel, Deputy Assistant Secretary, witnesses. Near East and South Asia; and H. Diehl McKalip, GENERATIONAL ACCOUNTING Deputy Director Defense Security Assistance Agency. The Committee also approved Budget Views and Committee on the Budget: Held a hearing on Estimates for submission to the Committee on the Generational Accounting and Long-term Fiscal Pros- Budget. pects. Testimony was heard from June E. O’Neill, Director, CBO; Paul Posner, Director, Federal Budg- RESOLUTIONS—HUMAN RIGHTS IN et Issues, GAO; and public witnesses. CAMBODIA; AND MILITARY STABILITY OF TAIWAN STRAITS MISCELLANEOUS MEASURES Committee on International Relations: Subcommittee on Committee on Commerce: Ordered reported the follow- Asia and the Pacific approved for full Committee ac- ing bills: H.R. 2596, to extend energy conservation tion the following resolutions: H. Res. 345, express- programs under the Energy Policy and Conservation ing concern about the deterioration of human rights Act through fiscal year 1999; H.R. 2967, amended, in Cambodia; and H. Con. Res. 148, amended, ex- to extend the authorization of the Uranium Mill pressing the sense of the Congress that the United Tailings Radiation Control Act of 1978; H.R. 2501, States is committed to the military stability of the amended, to extend the deadline under the Federal Taiwan Straits and United States military forces Power Act applicable to the construction of a hydro- should defend Taiwan in the event of invasion, mis- electric project in Kentucky; H.R. 2630, amended, sile attack, or blockade by the People’s Republic of to extend the deadline for commencement of con- China. struction of a hydroelectric project in the State of Il- linois; H.R. 2695, amended, to extend the deadline SLAVERY IN MAURITANIA AND SUDAN under the Federal Power Act applicable to the con- Committee on International Relations: Subcommittee on struction of certain hydroelectric projects in the State International Operations and Human Rights and of Pennsylvania; H.R.2773, amended, to extend the Subcommittee on Africa held a joint hearing on deadline under the Federal Power Act applicable to Slavery in Mauritania and Sudan. Testimony was the construction of 2 hydroelectric projects in North heard from William H. Twaddell, Deputy Assistant Carolina; H.R. 2816, to reinstate the license for, and Secretary, African Affairs, Department of State; extend the deadline under the Federal Power Act ap- former Representative Mervyn M. Dymally of Cali- plicable to the construction of, a hydroelectric fornia; and public witnesses. project in Ohio; H.R. 2869, amended, to extend the DEFENSE AUTHORIZATION deadline for commencement of construction of a hydroelectric project in the State of Kentucky; and Committee on National Security: Continued hearings on H.R. 1663, amended, Waste Isolation Pilot Land fiscal year 1997 national defense authorization re- Withdrawal Amendment Act. quest. Testimony was heard from the following officials of the Department of Defense: Gen. Dennis J. U.S. POSTAL SERVICE Reimer, USA, Chief of Staff, Army; Adm. J.M. Committee on Governmental Reform and Oversight: Sub- Boorda, USN, Chief of Naval Operations; Gen. C.C. committee on the Postal Service held on oversight Krulak, USMC, Commandant of the Marine Corps; hearing on the U.S. Postal Service. Testimony was and Gen. Ronald R. Fogelman, USAF, Chief of Staff, heard from the following officials of the U.S. Postal Air Force. Service: Tirso del Junco, M.D., Chairman, Board of Hearings continue tomorrow. D192 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1996 DEFENSE AUTHORIZATION URUGUAY ROUND AGREEMENTS Committee on National Security: Subcommittee on Mili- IMPLEMENTATION AND WORLD TRADE tary Installations and Facilities began hearings on ORGANIZATION the fiscal year 1997 national defense authorization Committee on Ways and Means: Subcommittee on request, with emphasis on the recapitalization and Trade held a hearing on implementation of Uruguay modernization of facilities. Testimony was heard Round Agreements and World Trade Organization. from the following officials of the Department of Testimony was heard from Michael Kantor, U.S. Defense: Maj. Gen. Frank Miller, USA, Deputy Trade Representative; JayEtta Hecker, Associate Di- Chief of Staff, Installation Management, Department rector, International Relations and Trade Issues, of the Army; RAdm. Louis M. Smith, USN, Direc- GAO; Clayton K. Yeutter, former U.S. Trade Rep- tor, Shore Activities Division, Office of the Chief of resentative; and public witnesses. Naval Operations, Department of the Navy; Brig. f Gen. Thomas A. Braaten, USMC, Assistant Deputy Chief of Staff, Installations and Logistics, U.S. Ma- NEW PUBLIC LAWS rine Corps; and Maj. Gen. Eugene A. Lupia, USAF, (For last listing of Public Laws, see DAILY DIGEST, p. D167) Air Force Civil Engineer, Department of the Air H.R. 927, to seek international sanctions against Force. the Castro government in Cuba, and to plan for sup- MISCELLANEOUS MEASURES port of a transition government leading to a democratically elected government in Cuba. Signed March Committee on Resources: Ordered reported the following 12, 1996. (P.L. 104–114) bills: H.R. 1823, amended, to amend the Central H.R. 3021, to guarantee the continuing full in- Utah Project Completion Act to direct the Secretary vestment of Social Security and other Federal funds of the Interior to allow for prepayment of repayment in obligations of the United States. Signed March contracts between the United States and the Central 12, 1996. (P.L. 104–115) Utah Water Conservancy District dated December f 28, 1965, and November 26, 1985; H.R. 2824, Snowbasin Land Exchange Act of 1995; H.R. 1965, COMMITTEE MEETINGS FOR THURSDAY, amended, to reauthorize the Coastal Zone Manage- MARCH 14, 1996 ment Act of 1972; H.R. 2160, amended, to author- (Committee meetings are open unless otherwise indicated) ize appropriations to carry out the Interjurisdictional Fisheries Act of 1966 and the Anadromous Fish Senate Conservation Act; and H.R. 1527, amended, to Committee on Armed Services, to continue hearings on amend the National Forest Ski Area Permit Act of proposed legislation authorizing funds for fiscal year 1997 1986 to clarify the authorities and duties of the Sec- for the Department of Defense and the future years de- retary of Agriculture in issuing ski area permits on fense plan, 10 a.m., SR–222. National Forest System lands and to withdraw lands Subcommittee on Readiness, to hold hearings on current and future military readiness as the armed forces pre- within ski area permit boundaries from the operation pare for the 21st century, 2 p.m., SR–232A. of the mining and mineral leasing laws. Committee on the Budget, to hold hearings to examine the The Committee began markup of H.R. 2107, Vis- budgetary and economic implications of alternative spec- itor Services Improvement and Outdoor Legacy Act trum use policies, 10 a.m., SD–608. of 1995. Committee on Commerce, Science, and Transportation, Sub- Will continue March 28. committee on Aviation, to hold hearings on international The Committee also approved a motion to go to aviation relations, 10 a.m., SR–253. conference for all bills previously reported. Committee on Energy and Natural Resources, to hold hearings on S. 1425, to recognize the validity of rights-of-way COMMITTEE BUSINESS granted under section 2477 of the Revised Statutes, 9:30 Committee on Standards of Official Conduct: Met in ex- a.m., SD–366. ecutive session to consider pending business. Committee on Environment and Public Works, to hold oversight hearings on wetland mitigation banking under sec- AIRPORT IMPROVEMENT PROGRAM tion 404 of the Clean Water Act, 2 p.m., SD–406. Committee on Governmental Affairs, Subcommittee on Committee on Transportation and Infrastructure: Sub- Post Office and Civil Service, to hold hearings to examine committee on Aviation continued hearings on the issues relating to United States Postal Service customers, Airport Improvement Program, with emphasis on 9:30 a.m., SD–342. Airport Needs. Testimony was heard from public Committee on the Judiciary, business meeting, to continue witnesses. markup of S. 269 and S. 1394, bills to reform the United Hearings continue tomorrow. States immigration system, 9 a.m., SD–G50. March 13, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D193

Committee on Veterans’ Affairs, to hold joint hearings sense of the Congress that the United States is committed with the House Committee on Veterans’ Affairs to review to the military stability of the Taiwan Straits and United the legislative recommendations of the Paralyzed Veterans States military forces should defend Taiwan in the event of America, the Jewish War Veterans, the Retired Offi- of invasion, missile attack or blockade by the People’s cers Association, the Association of the U.S. Army, the Republic of China, 10 a.m., 2172 Rayburn. Non-Commissioned Officers Association, and the Blinded Subcommittee on Asia and the Pacific, hearing on Cri- Veterans Association, 9:30 a.m., 345 Cannon Building. sis in the Taiwan Strait: Implications for U.S. Foreign Policy, 2 p.m., 2172 Rayburn. NOTICE Committee on the Judiciary, Subcommittee on Courts and For a listing of Senate Committee Meetings sched- Intellectual Property, hearing on H.R. 1989, Federal uled ahead, see pages E350–51 in today’s Record. Courts Improvement Act of 1995, 10 a.m., B–352 Ray- burn. House Committee on National Security, to continue hearings on Committee on Appropriations, Subcommittee on Agri- fiscal year 1997 national defense authorization request, culture, Rural Development, FDA, and Related Agencies, 9:30 a.m., 2118 Rayburn. on Farm Credit Administration, 10 a.m., and on Com- Committee on Resources, Subcommittee on Fisheries, modity Futures Trading Commission, 1 p.m., 2362A Wildlife and Oceans, to mark up the following bills: Rayburn. H.R. 1772, to authorize the Secretary of the Interior to Subcommittee on Interior, public witnesses on Natural acquire certain interests in the Waihee Marsh for inclu- Resources, 10 a.m. and 1:30 p.m., B–308 Rayburn. sion in the Oahu National Wildlife Refuge Complex; Subcommittee on Labor, Health and Human Services, H.R. 1836, to authorize the Secretary of the Interior to and Education, on the Corporation for Public Broadcast- acquire property in the town of East Hampton, Suffolk ing, the U.S. Institute of Peace, 10 a.m., and the Na- County, New York, for inclusion in the Amagansett Na- tional Education Goals Panel and the NLRB, 2 p.m., tional Wildlife Refuge; H.R. 2660, to increase the 2358 Rayburn. amount authorized to be appropriated to the Department Subcommittee on Military Construction, on congres- of the Interior for the Tensas River National Wildlife sional and public witnesses, 9:30 a.m., B–300 Rayburn. Refuge; and H.R. 2679, to revise the boundary of the Subcommittee on National Security, executive, on North Platte National Wildlife Refuge, 10 a.m., 1334 Commander in Chief, Special Operations Command, 10 Longworth. a.m. and, executive, on Commander in Chief, U.S. Committee on Rules, to consider H.R. 2202, Immigration Central Command, 1:30 p.m., H–140, Capitol. in the National Interest Act of 1995, 10:30 a.m., H–313 Subcommittee on Transportation, on Office of the Sec- Capitol. retary, 10 a.m., 2358 Rayburn. Committee on Science, Subcommittee on Energy and Envi- Subcommittee on Treasury, Postal Service, and General ronment, hearing on U.S. Energy Outlook and Implica- Government, on tax systems modernization, 10 a.m. and tions for Energy R&D, 9:30 a.m., 2318 Rayburn. on IRS operations, 2 p.m., 2360 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Commerce, Subcommittee on Health and committee on Aviation, to continue hearings on the Air- Environment, to mark up H.R. 3070, Health Coverage port Improvement Program, 1 p.m., 2167 Rayburn. Availability and Affordability Act of 1996, 10 a.m., 2123 Committee on Veterans’ Affairs, to consider Budget Views Rayburn. and Estimates for submission to the Committee on the Committee on Economic and Educational Opportunities, to Budget, 3 p.m., 334 Cannon. mark up the following: H.R. 2570, Older Americans Amendments of 1995; a measure amending section 326 Committee on Ways and Means, to mark up H.R. 3074, of title III of the Higher Education Act of 1965; a meas- to amend the United States-Israel Free Trade Area Imple- ure amending section 1505 of the Higher Education mentation Act of 1985 to provide the President with ad- Amendments of 1986; and a measure to authorize the ditional proclamation authority with respect to articles of Native Americans Program Act of 1974, 9:30 a.m., 2175 the West Bank or Gaza Strip or a qualifying industrial Rayburn. zone; and to consider Budget Views and Estimates for Committee on Government Reform and Oversight, Sub- submission to the Committee on the Budget, 10 a.m., committee on Human Resources and Intergovernmental 1100 Longworth. Relations, to mark up H.R. 2086, Local Empowerment and Flexibility Act of 1995, 10 a.m., 2154 Rayburn. Joint Meetings Committee on International Relations, to mark up the fol- Joint Hearing: Senate Committee on Veterans Affairs, to lowing resolutions: H. Res. 345, expressing concern about hold joint hearings with the House Committee on Veter- the deterioration of human rights in Cambodia; H. Res. ans’ Affairs to review the legislative recommendations of 379, expressing the sense of the House of Representatives the Paralyzed Veterans of America, the Jewish War Vet- concerning the eighth anniversary of the massacre of over erans, the Retired Officers Association, the Association of 5,000 Kurds as a result of a gas bomb attack by the Iraqi the U.S. Army, the Non-Commissioned Officers Associa- Government; H. Con. Res. 102, concerning the emanci- tion, and the Blinded Veterans Association, 9:30 a.m., pation of the Iranian Baha’i community; H.J. Res. 158, 345 Cannon Building. to recognize the Peace Corps on the occasion of its 35th Commission on Security and Cooperation in Europe, to hold anniversary and the Americans who have served as Peace hearings to examine the challenges to democracy in Alba- Corps volunteers; and H. Con. Res. 148, expressing the nia, 11 a.m., 311 Cannon Building. D194 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 14 10 a.m., Thursday, March 14

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Complete consideration of H.R. of H.R. 3019, Continuing Appropriations, 1996. 2703, Effective Death Penalty and Public Safety Act of At 2 p.m., Senate will vote on a third cloture motion 1996; and to close further debate on the motion to proceed to S. Possible consideration of a continuing resolution exten- Res. 227, Whitewater Investigation Extension. sion.

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E343 Pastor, Ed, Ariz., E340, E344 Hinchey, Maurice D., N.Y., E347 Pelosi, Nancy, Calif., E336 Abercrombie, Neil, Hawaii, E336 Hoke, Martin R., Ohio, E332 Pickett, Owen B., Va., E335 Ackerman, Gary L., N.Y., E329 Horn, Stephen, Calif., E339, E344 Pombo, Richard W., Calif., E341 Bentsen, Ken, Tex., E348 Hoyer, Steny H., Md., E334 Poshard, Glenn, Ill., E335 Browder, Glen, Ala., E340 Jacobs, Andrew, Jr., Ind., E329 Quinn, Jack, N.Y., E345 Castle, Michael N., Del., E343 Kennelly, Barbara B., Conn., E333 Radanovich, George P., Calif., E337 Christensen, Jon, Nebr., E340 Kildee, Dale E., Mich., E349 Ramstad, Jim, Minn., E342 Clinger, William F., Pa., E341 Kleczka, Gerald D., Wis., E337 Ros-Lehtinen, Ileana, Fla., E330 Coyne, William J., Pa., E332 Knollenberg, Joe, Mich., E337 Roukema, Marge, N.J., E332 Davis, Thomas M., Va., E347 Kolbe, Jim, Ariz., E346 Schumer, Charles E., N.Y., E330, E348 DeLauro, Rosa L., Conn., E336, E340, E345 Lazio, Rick, N.Y., E335 Solomon, Gerald B.H., N.Y., E334 Dellums, Ronald V., Calif., E338 Lofgren, Zoe, Calif., E341 Stark, Fortney Pete, Calif., E331 Doyle, Michael F., Pa., E346 McDermott, Jim, Wash., E338 Upton, Fred, Mich., E332, E342 Fazio, Vic, Calif., E330 Maloney, Carolyn B., N.Y., E345 Vento, Bruce F., Minn., E347 Filner, Bob, Calif., E349 Manton, Thomas J., N.Y., E348 Walker, Robert S., Pa., E331 Frank, Barney, Mass., E333 Martinez, Matthew G., Calif., E348 Goodling, William F., Pa., E345 Pallone, Frank, Jr., N.J., E336

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