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

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

Vol. 141 WASHINGTON, THURSDAY, JULY 20, 1995 No. 118 House of Representatives

The House met at 10 a.m. and was last day’s proceedings and announces tions in need of its support. The con- called to order by the Speaker pro tem- to the House his approval thereof. gregation generously provides to these pore [Mr. EMERSON]. Pursuant to clause 1, rule I, the Jour- groups whatever it can. Reverend f nal stands approved. Hobbs and his congregation help to f bridge a critical gap to those who do DESIGNATION OF THE SPEAKER not qualify for State and Federal aid, PRO TEMPORE PLEDGE OF ALLEGIANCE and yet still require assistance. The SPEAKER pro tempore laid be- The SPEAKER. Will the gentleman I salute the generous efforts of Rev- fore the House the following commu- from Kansas [Mr. TIAHRT] come for- erend Hobbs and Hamden’s Spring Glen nication from the Speaker: ward and lead the House in the Pledge Church for their selfless service to the of Allegiance. community. I thank them for their WASHINGTON, DC, Mr. TIAHRT led the Pledge of Alle- July 20, 1995. continuing commitment to these ongo- I hereby designate the Honorable BILL EM- giance as follows: ing efforts. ERSON to act as Speaker pro tempore on this I pledge allegiance to the Flag of the It is our distinct pleasure to have the day. United States of America, and to the Repub- Reverend Hobbs with us today, and we NEWT GINGRICH, lic for which it stands, one nation under God, indivisible, with liberty and justice for all. thank you, Reverend Hobbs, for joining Speaker of the House of Representatives. with us today and for your blessing. f f f PRAYER A WARM WELCOME FOR REV. BILL HOBBS ANNOUNCEMENT BY THE SPEAKER The Reverend Dr. William Hobbs, (Ms. DELAURO asked and was given PRO TEMPORE Spring Glen Church, Hamden, CT, of- permission to address the House for 1 fered the following prayer: The SPEAKER pro tempore. The minute and to revise and extend her re- Sovereign God, holy and gracious, be Chair announces that 1-minutes will be marks.) known in this Chamber where men and limited to 20 today, 10 to each side. Ms. DELAURO. Mr. Speaker, it women wield authority with far-reach- f brings me great pleasure to welcome ing implications. Make these servants here this morning the Reverend Bill who were clever enough to get elected THE NATIONAL DIALOG ON Hobbs, my constituent, to the House of wise enough to serve the public good, MEDICARE Representatives, to the people’s House. and both fair and compassionate Reverend Hobbs indeed serves the (Mr. BARTLETT of Maryland asked enough to address the needs of all the people. He is from Hamden, CT, where and was given permission to address people, placing people above politics, he presides over the community’s larg- the House for 1 minute and to revise regarding them as neighbors to be est Protestant congregation at the and extend his remarks.) served and joined in service. Spring Glen Church. Mr. BARTLETT of Maryland. Mr. Protect them from the terrible temp- Since arriving in 1984, Reverend Speaker, it has been several weeks now tation of the love of power so they may Hobbs has led his congregation in since the Board of Trustees of Medicare know the power of love. Let them see countless community service efforts. issued their report saying that by 2002 across these aisles not enemies to be Among their many projects are the Medicare will be broke. We are now en- ridiculed and defeated, but compatriots food and fuel bank programs. These are gaged in a national dialog on this sub- to join in common enemies of poverty, critical efforts. The Spring Glen ject. And where have we come in this fear, insecurity, and injustice. Church has willingly accepted the re- dialog? So let Your reign of peace with jus- sponsibility of feeding its community’s I think that the little plate here tice find support here and everywhere, hungry. This, along with helping to shows it very well. Are we talking most gracious and almighty God. provide heat to low-income households about Medicare, or are we talking Amen. during the cold Connecticut winters, is about MediScare. The last thing this f a testament to the congregation’s com- country needs, Mr. Speaker, is all of mitment to those in need. the half-truths and untruths that are THE JOURNAL The church is a valuable community issuing from the other side of the aisle, The SPEAKER pro tempore. The resource. It has opened its doors to sev- that are meant to frighten our senior Chair has examined the Journal of the eral civic and community organiza- citizens.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 7261 H 7262 CONGRESSIONAL RECORD — HOUSE July 20, 1995 What we need is a considered debate Mr. Speaker, I would like to tell my formation on the safest use of chemi- on this subject. Apparently my col- liberal colleagues, let us forget the cals and he would not benefit from his leagues on the other side of the aisle MediScare tactics. Let us channel our required participation in the crop in- are content to maintain the status quo energy into something productive. surance program. by these scare tactics, and let Medicare Work with us to save Medicare, and But the Durbin amendment goes far- go bankrupt. please stop scaring our senior Ameri- ther. In fact, it would not just affect Mr. Speaker, the Republican major- cans. the farmer, it would affect us all. This ity will not let this happen. We are f provision has the potential to prevent committed to preserving, protecting, a buy-out of the program which could and strengthening Medicare for this WE NEED SPECIFICS ON CHANGES cost the taxpayers of this country an generation and future generations. IN MEDICARE unbelievable $1 billion. f (Mr. DOGGETT asked and was given If you do not want to throw a permission to address the House for 1 blindsided knockout punch to family ARBITRARY CUTS IN MEDICARE minute and to revise and extend his re- farmers and to rural districts of Amer- ARE IMPRUDENT marks.) ica then I urge you to vote ‘‘no’’ on the (Mr. DOYLE asked and was given Mr. DOGGETT. Mr. Speaker, I be- Durbin amendment. permission to address the House for 1 lieve it was old Will Rogers who said f minute and to revise and extend his re- all I know is what I read in the papers, marks.) MEDICARE CUTS TO FUND TAX and were he around today, he would BREAKS Mr. DOYLE. Mr. Speaker, I rise have a great deal in common with the today to speak on behalf of our com- seniors and the people who care about (Mrs. SCHROEDER asked and was munities, hospitals, and the health of seniors, who are concerned about Medi- given permission to address the House today’s and tomorrow’s senior citizens. care. for 1 minute and to revise and extend If we are to bring about Medicare re- Because you see, all that our Repub- her remarks.) form which will prove to be truly bene- lican colleagues have had to say about Mrs. SCHROEDER. Mr. Speaker, in- ficial, we must first reach a consensus their specific plan to change and alter deed there is a MediScare, and there is that reforms must achieve specified and reform and refine Medicare is that a MediScare because the seniors know goals without creating new, more dif- they think that ought to be done. If the truth about what is happening. ficult problems American seniors or Will Rogers were They know that the new Republican In the Pittsburgh area alone, there to have read the Times on Monday, majority has found this little piggy are seven hospitals which would face they would have learned one of the spe- bank, this little piggy bank that had almost certain shutdown as a result of ‘‘Medicare Trust Fund’’ written on it, cifics of this particular secret plan, these proposed cuts. It is neither pru- and they have crossed out ‘‘Trust that the Republicans think that Medi- dent nor logical to make devastating Fund’’ and they are not using the Med- care beneficiaries should be discour- cuts to Medicare in such an arbitrary icare piggy bank to pay for the crown aged from buying insurance to cover fashion. The sound-thinking, hard- jewel of their contract. what Medicare does not cover already. What is the crown jewel of their con- working people of western Pennsylva- The Republicans evidently believe nia and across this country will tell tract? Tax breaks for people who make that MediGap coverage insulates pa- you that putting the cart before the over $350,000 a year. Seniors think that tients from the cost of care; in essence, horse will get Medicare nowhere fast. is unfair, when they also hear that A recent national poll shows that 72 that our seniors are not paying enough Medicare is going broke. Let me tell percent of the American public oppose for the care that they receive today. you how much faster it is going to go We have had two Members this morn- Medicare cuts being made to pay for broke if you keep using it as a piggy ing come up and talk about Medicare. tax breaks. One has to question how bank to pay for tax cuts. They have failed to outline one specific making major cuts to Medicare in part When you look at the Medicare tax change. They should be talking about to fund tax breaks could be construed cut and you look at what it is going to by anyone as fiscally conservative. MediScare, because they are scared to cost to give everybody who makes I urge my colleagues to oppose these death to tell the American people how more than $350,000 a year a $20,000 a ill-conceived and reckless cuts which they are going to increase the cost of year per person tax cut, it almost looks not only shake the current foundation, Medicare to every senior in this land. identical. but cause irreparable damage to the fu- f That is why there is MediScare, and they ought to absolutely be believing ture stability of the Medicare system. DURBIN HARASS-THE-TOBACCO- there is a MediScare. We ought to stop f FARMER AMENDMENT it. ACT NOW TO SAVE MEDICARE, (Mr. CHAMBLISS asked and was f NOT LATER given permission to address the House (Mr. TIAHRT asked and was given for 1 minute and to revise and extend TAX CUTS AND TAX INCREASES permission to address the House for 1 his remarks.) HAVE NO IMPACT ON MEDICARE minute and to revise and extend his re- Mr. CHAMBLISS. Mr. Speaker, I urge TRUST FUND marks.) my colleagues to oppose what I call the (Mr. HOKE asked and was given per- Mr. TIAHRT. Mr. Speaker, the lib- Durbin harass-the-tobacco-farmer mission to address the House for 1 erals are continuing their scare cam- amendment to the Agriculture appro- minute.) paign against the seniors of our coun- priations bill. Having lived in Georgia’s Mr. HOKE. Mr. Speaker, I think that try, telling them that Republicans are farm belt all my adult life, I under- the Members on the other side of the going to take away their Medicare ben- stand farm programs. Representing the aisle do not understand how Medicare efits. In fact, Mr. Speaker, the liberals 10th largest tobacco producing district is funded. It is funded by a 1.45-percent sound like they want to change the in the country, I understand the impor- payroll tax that is levied on employees name from Medicare to MediScare. tance of the tobacco program to family and matched by employers, and if that But I would like to tell you some- farmers in my State and across this tax is not paid, it will not be funded at thing: I like Medicare, I like providing country. all. It does not come from the general seniors with crucial medical security. Now there is a big difference between revenues of the Federal Government, it And let me tell you what else I like. I improving farm programs and comes from a trust fund. like the idea of Medicare lasting a harassing farm families. The Durbin It does not matter if we raise one long, long time, so that future genera- amendment is clearly downright har- penny of taxes other than the 1.45 per- tions will also enjoy medical security. assment of tobacco farm families. cent. It does not matter if we raise But the President’s Board of Trustees It does not improve the program, it those or if we cut them. It has no im- on Medicare tells us the system is strangles the farmers who participate. pact whatsoever. The trust fund will go going bankrupt in 7 years. Unless we For example, if the Durbin amendment bankrupt completely in 7 years, regard- act now, the future looks bleak. passes, the farmer would not have in- less of what we do with those taxes. So July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7263 tax cuts and tax increases in the gen- excise tax, sales tax, beer tax, tobacco to be cut off Drug Free School Pro- eral revenue have absolutely no impact tax, cable tax, telephone tax, gasoline grams. on the Medicare trust fund. tax, hotel tax, surtaxes, taxes on taxes, Now, unless you have got a lobbyist f and, don’t forget when you die, inherit- around here, sometimes it means that ance tax. But also how about tolls, user you do not fair very well. Let’s cut the TAX BREAK DETRIMENTAL TO fees, service charges, licenses, trans- space station. Let’s cut B–2 bombers. NATION fers. And some experts around the Let’s not cut something our children (Mr. HILLIARD asked and was given country are saying we don’t need tax desperately need. permission to address the House for 1 reform. f minute and to revise and extend his re- Beam me up, Mr. Speaker. Maybe, just maybe, these so-called experts are INTRODUCTION OF THE GOVERN- marks.) MENT ACCOUNTABILITY ACT Mr. HILLIARD. Mr. Speaker, we can- so dumb, we could throw them at the not allow the extreme right wing agen- ground and they would probably miss. (Mr. MARTINI asked and was given da of the Republican party to ruin this f permission to address the House for 1 Nation in order to give a shameless tax minute and to revise and extend his re- REAL CUTS BEING MADE IN break to their wealthy supporters. How marks.) FEDERAL EXPENDITURES can the Republicans cut programs like Mr. MARTINI. Mr. Speaker, I rise Medicare and Medicaid for seniors, and (Mr. EHLERS asked and was given today to express my concern over the health programs for mothers and in- permission to address the House for 1 Supreme Court’s recent decision in fants, and, yes, still propose this ob- minute and to revise and extend his re- Hubbard versus United States. In that scene tax break for the rich? marks.) decision the high court overturned a Mr. Speaker, this shameless tax Mr. EHLERS. Mr. Speaker, I am very Federal statute that has been used to break is bad for the working men and disappointed once again this morning prosecute Members of Congress and women of America, and, if it is bad for to hear the other side of the aisle talk- others who intentionally and know- them, it is bad for Americans. And, ing about imaginary cuts to Medicare, ingly release false or deceptive infor- yes, Republican are bad for America. cuts which have never been proposed mation to Congress. The current law by the Republicans and which we never no longer is applicable to such situa- f plan to implement. I want to show you tions. REPUBLICANS HAVE HEEDED the cuts that the Republicans are im- As a former Federal prosecutor, I WARNINGS ON MEDICARE CAPS plementing, and this chart shows the know that section 1001 of 18 U.S. Code beginning of that effort. is a critical provision of law, which (Mr. LEWIS of Kentucky asked and We might call it a Sav-O-Meter. The protects the Federal Government from was given permission to address the legislative branch we have cut by $150 potential waste, fraud, and abuse. House for 1 minute and to revise and million; foreign aid by $1.5 billion; the That’s why in response to the Su- extend his remarks.) energy and water budget by $1.6 billion; preme Court’s decision, I have intro- Mr. LEWIS of Kentucky. Mr. Speak- the Interior budget by $1.6 billion. duced the Government Accountability er, I do not know what we are talking We are just starting. We are only Act (H.R. 1678) which will extend the about here when the other side is talk- partway through the appropriations false statement statute to all three ing about cuts in Medicare. It seems to process, and we have already cut $5 bil- branches of the Federal Government. me that going from $4,800 per recipient lion out of the Federal budget com- If Congress fails to act, unscrupulous per year to $6,700 is an increase. pared to last year. We expect to go up public officials, contractors, and pri- Mr. Speaker, unlike the liberals on to about $21 billion. vate citizens will be able to engage in the other side of the aisle, Republicans What does this mean to Mr. and Mrs. acts of fraud and misconduct against have heeded the warnings of the Medi- Taxpayer of America? Roughly at this the Federal Government without fear care Trustees Report. That report con- point about $50 per family in cuts al- of punishment. cluded that immediate action is needed ready. We expect to get up in the Mr. Speaker, we are here to serve the to save Medicare for future genera- neighborhood of $210 to $250 in cuts for American people not ourselves. tions. the average American family. Those In closing, I urge my colleagues to Republicans are fully aware that mil- are real cuts. Those are cuts the people cosponsor H.R. 1678 which brings ac- lions of Americans rely on Medicare to will notice. They are not the imaginary countability back to the Federal Gov- help meet their health care needs. That cuts the other side talks about. ernment. is why it is called Medi-Care, because f f it provides care for our parents and b grandparents. PROGRAMS DESPERATELY 1020 On the other hand, liberal Democrats NEEDED BY CHILDREN BEING CUT TAX BREAKS FOR THE WEALTHY want to exploit this issue. To them this (Mr. ROEMER asked and was given (Mr. BROWN of California asked and is MediScare. They want to scare peo- permission to address the House for 1 was given permission to address the ple into believing something that is minute and to revise and extend his re- House for 1 minute.) not true. Their tactics are fear, and marks.) Mr. BROWN of California. Mr. Speak- their goal is to divide the American Mr. ROEMER. Mr. Speaker, just this er, I have a modern day Robin Hood people. week Columbia University released a story to tell. Except this one, unlike Mr. Speaker, Medicare is too impor- poll where they asked our Nation’s the original story, does not have a tant a program to be allowed to go children what is your biggest fear or noble ending. You see, the Robin Hood bankrupt. The American people must concern in school today, in 1995? of Capitol Hill has it backward: He is know that Republicans intend to pro- Well, what would you guess they an- stealing from the poor to give to the tect and preserve Medicare. We will swered? Was it an equation in an alge- rich. protect it for current and future bene- bra test? That would have been my big- Of course, Republicans do not want ficiaries, and we will not allow Medi- gest worry. No. Was it a biology test? to admit this. But how else can we de- care to become MediScare. No. Was it drugs in school? Yes. scribe the Republican plan to cut Medi- f By a 2-to-1 margin, our children are care to pay for tax breaks for the more worried about drugs in school wealthy? TAXES, TAXES, TAXES than algebra, biology, or even guns in Consider this: The median income of (Mr. TRAFICANT asked and was school. So what are we doing about senior citizens in 1993 was about $15,000 given permission to address the House that? What did the Republicans do with for males and $8,500 for females. About for 1 minute and to revise and extend our Drug Free School Program, which 3.8 million seniors lived below the pov- his remarks.) has received bipartisan support erty level in that year. Mr. TRAFICANT. Mr. Speaker, re- through the years? They cut it by 60 It is this group of citizens—27 million tirement tax, income tax, property tax, percent; 23 million children are going of them—that will have about $1,060 H 7264 CONGRESSIONAL RECORD — HOUSE July 20, 1995 per year in Medicare benefits taken the concerns that some have raised help our schools, cut; Eisenhower Pro- from each of them in order to give 1.1 about affirmative action. gram for teacher training, cut; and million of America’s richest people a I agree with the President that fraud adult and vocational training, cut. And $20,000 tax break. and abuse, fronts and pass-throughs, in why? To give tax breaks for the rich. Now if the Republicans want to have affirmative action programs should not What will this mean to middle class a substantive debate about how to im- and will not be tolerated. America? More students per class, and prove Medicare and rein in its costs to I also agree with the President that local and State property taxes increas- ensure future solvency, then let us reverse discrimination, quotas, and ing. Student loans were taken away have that talk. But the Republicans’ promoting unqualified individuals has from our children by the Republicans, current effort is not about that. It is no place in our society. and now, on top of Medicare, they are about finding ways to pay for tax cuts The President’s words went a long going to cut education again. for the wealthy under the guise of sav- way to begin the important process of These are middle-class kids that are ing Medicare. healing in America—urging us to going to suffer. Eighty-nine percent of Mr. Speaker, Republicans are not so ‘‘reach beyond our fears and our divi- jobs created in this country require stealthy that their Robin Hood-in-re- sions’’. postsecondary training. What are the verse crusade will go unnoticed by sen- The President pointed out that, Republicans doing for that? Cut again. iors. ‘‘When affirmative action is done right, We have a plan. It is a plan of compassion. Let us fix what needs to be f it is flexible, it is fair, and it works.’’ While we begin to debate the issues fixed, but let us not cut and rob our MEDICARE surrounding affirmative action we children’s future. (Mr. LARGENT asked and was given must not get caught up in the political f rhetoric and fervor that plays on fears permission to address the House for 1 FRAUD IN MEDICARE minute and to revise and extend his re- and insecurities. We must focus on the marks.) realities and the meaningful, produc- (Mr. STEARNS asked and was given Mr. LARGENT. Mr. Speaker, Medi- tive, work left to be done. permission to address the House for 1 minute and to revise and extend his re- care is not a Republican issue—it is not f a Democrat issue—it is an American marks.) Mr. STEARNS. Mr. Speaker, Medi- issue. Recently, a bipartisan group ap- WHERE IS THE DEMOCRAT’S care was established to help our sen- pointed by both Republican and Demo- MEDICARE PLAN? iors, not to make unscrupulous compa- crat administrations reported to the (Mr. KIM asked and was given permission to address the House for 1 nies wealthy at their expense. Congress that Medicare will go bank- Today I am talking about the fraud minute and to revise and extend his re- rupt within 7 years if we take no ac- in Medicare. Listen to the items that marks.) tion. ABC Home Health Care put on their I believe we must prevent bank- Mr. KIM. Mr. speaker, I would like to Medicare tab: Maid service payments ruptcy by simplifying and strengthen- talk about Medicare this morning. Let for condominiums; golf pro shop ex- ing Medicare. We must simplify the us take a look at this chart closely. penses; airplane and automobile ex- system so that Medicare patients can The red one is the existing plan which penses for personal trips; and lobbying more easily understand the program. is leading to bankruptcy. The red one, bottom, is trust fund balance. As you expenses. In addition, we must strengthen Medi- They use promotional and marketing can see, in the year 2002 the money will care to make it financially safe and se- gimmicks such as gourmet popcorn, be totally depleted. cure for both current and future bene- golf tees, earrings, cufflinks, combs, The blue one is the Republican plan. ficiaries. and sewing kits to recruit new mem- What we are trying to do is slow down We must work to ensure that senior bers. Americans have the same rights to the increase, slow down the rate of in- This is not a club but a home health health care services as Members of crease. care service. We should all be con- Right above is the green plan, which Congress. cerned. In response to critics who are already is the Clinton plan. As you can see, the Taxpayers are footing the bill for claiming that this reform is a cut in Clinton plan, the Republican plan, these luxury items. the Medicare Program, I say this is there are not that many differences. Money was no object because ABC simply not true. By enacting these The only difference is the Republican Home Health Care put it on the Medi- modest reforms, Medicare will con- plan tries to save Medicare, which is 7 care tab. Medicare was billed to the tinue to increase—just at a slower rate. years, and the Clinton plan is stretch- tune of $14 million for just 1 year. In fact, costs per beneficiary will ing out to 10 years. We cannot allow this to happen, this continue to increase from $4,800 per My colleagues from the other side are fraud to continue in the Medicare Pro- participant in 1995, to $6,400 per recipi- complaining and bashing and attacking gram. ent in 2002. Now you tell me, how is us. Let us see what their plan is. f this a cut? Here it is. Nothing. They have abso- To play politics with this issue does lutely no plan, no idea, no vision, ex- MEDICARE FRAUD AND ABUSE not help in finding a solution to this cept attack and attack and bash. I (Ms. ESHOO asked and was given per- problem. To do nothing is totally irre- think it is silly. mission to address the House for 1 sponsible, and unacceptable. f minute and to revise and extend her re- f marks.) LET US NOT ROB OUR CHILDREN’S Ms. ESHOO. Mr. Speaker, yesterday AFFIRMATIVE ACTION FUTURE the GAO issued a report outlining (Mrs. CLAYTON asked and was given (Mr. ENGEL asked and was given charges against ABC Home Health Care permission to address the House for 1 permission to address the House for 1 for defrauding American taxpayers minute.) minute.) through the Medicare Program. The Mrs. CLAYTON. Mr. Speaker, I want Mr. ENGEL. Mr. Speaker, there go Democrats want to reform the Medi- to commend President Clinton for his our Republican friends again. First care system, but you do not do it by eloquent, thoughtful, and perceptive they cut Medicare to give tax breaks to picking the seniors’ health care pock- statement on a very sensitive and dif- the rich, and now they are cutting edu- ets dry. ficult subject—affirmative action. cation, our children’s future, to give What we want to do is to scrap the The President outlined an approach tax breaks to the rich. tax break plan and stop this private to this issue which not only conforms A subcommittee today is cutting $3.9 sector ripoff of the public sector. to the state of the law, including the billion off education, robbing Ameri- The GAO said that this Georgia com- Adarand case, but takes into account ca’s children. Goals 2000, setting edu- pany did do this: $140,000 for airplane the muddied history of discrimination cation standards, cut; safe and drug- costs; $21,000 for a pilot’s salary; $16,000 in this Nation, and takes into account free schools, cut; chapter 1 funding to for alcohol at a leadership conference. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7265 Get this one: $84,000 for gourmet pop- SEC. 2. After disposition of H.R. 2058, it 2058, the House may proceed to the con- corn. My mother and father have never shall be in order to consider in the House the sideration in the House of House Joint done this. This is, again, a ripoff by the joint resolution (H.J. Res. 96) disapproving Resolution 96, introduced by the gen- providers and the private sector of the the extension of nondiscriminatory treatment (most-favored-nation treatment) to the tleman from Virginia [Mr. WOLF], dis- public sector. Scrap the tax break plan products of the People’s Republic of China. approving the extension of most-fa- and stop picking at our senior citizens. The joint resolution shall be debatable for vored-nation status to the products of f one hour equally divided and controlled by the People’s Republic of China. Representative Wolf of Virginia and Rep- The rule provides for 1 hour of gen- PERMISSION FOR SUNDRY COM- resentative Archer of Texas or their des- eral debate, divided equally between MITTEES AND THEIR SUB- ignees. Pursuant to sections 152 and 153 of the gentleman from Virginia and the COMMITTEES TO SIT TODAY the Trade Act of 1974, the previous question chairman of the Committee on Ways DURING THE 5-MINUTE RULE shall be considered as ordered on the joint resolution to final passage without interven- and Means, the gentleman from Texas Mr. SOLOMON. Mr. Speaker, I ask ing motion except one motion to table, if of- [Mr. ARCHER]. unanimous consent that the following fered by Representative Wolf or his designee. Pursuant to the terms of the fast committees and their subcommittees The provisions of sections 152 and 153 of the track procedures, the previous question be permitted to sit today while the Trade Act of 1974 shall not apply to any is considered as ordered to final pas- House is meeting in the Committee of other joint resolution disapproving the ex- sage on the joint resolution, except the Whole House under the 5-minute tension of most-favored-nation treatment to that one motion to table the resolution rule: The Committee on Banking and the People’s Republic of China for the re- is in order, if offered by the gentleman Financial Services, the Committee on mainder of the first session of the One Hun- dred Fourth Congress. from Virginia [Mr. WOLF] or his des- Commerce, the Committee on Eco- ignee. The SPEAKER pro tempore. The gen- nomic and Educational Opportunities, Finally, the rule provides that the tleman from New York [Mr. SOLOMON] the Committee on Government Reform fast track procedures of the Trade Act and Oversight, the Committee on Inter- is recognized for 1 hour. Mr. SOLOMON. Mr. Speaker, for the shall not apply to any other dis- national Relations, the Committee on purposes of debate only, I yield 30 min- approval resolution relating to MFN the Judiciary, the Committee on Re- utes to the gentleman from California for China for the remainder of this ses- sources, the Committee on Small Busi- sion of Congress. [Mr. BEILENSON]. During the consider- ness, the Committee on Transportation Mr. Speaker, before I turn to the pol- ation of this resolution, all time yield- and Infrastructure, and the Permanent icy aspects of the measures before us, I Select Committee on Intelligence. ed is for the purpose of debate only. (Mr. SOLOMON asked and was given just want to comment on the coopera- It is my understanding that the mi- tion we have received from the parties nority has been consulted and that permission to revise and extend his remarks and include extraneous mate- on all sides of the issue involved here there is no objection to these requests. in crafting this rule. As I mentioned The SPEAKER pro tempore (Mr. EM- rial.) Mr. SOLOMON. Mr. Speaker, I yield earlier, this was reported from the ERSON). Is there objection to the re- Committee on Rules on a unanimous quest of the gentleman from New myself such time as I may consume. Mr. Speaker, this rule was unani- vote, thanks to the gentleman from York? California [Mr. BEILENSON] who is man- Mr. MCNULTY. Reserving the right mously adopted by the Committee on Rules, and I am proud to say that the aging for the minority. This was also to object, Mr. Speaker, my colleague due in no small part to the cooperation from New York is correct. We have arrangement worked out by this rule was unanimously agreed to on a bipar- and compromise among all concerned consulted with the ranking members of that has taken place in crafting the these committees, and we have no ob- tisan basis by the principal parties involved with the legislation. legislative bill made in order by the jection to the request. rule. Mr. Speaker, I withdraw my reserva- What the rule does is to first make in I especially want to pay tribute to tion of objection. order in the House the bill, H.R. 2058, the gentleman from Nebraska [Mr. BE- The SPEAKER pro tempore. Is there the China Policy Act of 1995, as intro- REUTER] for his open-mindedness and objection to the request of the gen- duced by the gentleman from Nebraska willingness to listen to other Members. tleman from New York. [Mr. BEREUTER]. There was no objection. The rule provides for 90 minutes of I also commend the gentleman from Virginia [Mr. WOLF] and the gentle- f general debate, equally divided between the chairman and the ranking woman from California [Ms. PELOSI] PROVIDING FOR THE CONSIDER- minority member of the Committee on who have labored for so long in these ATION OF H.R. 2058, CHINA POL- International Relations. While we vineyards, for their accommodating at- ICY ACT OF 1995, AND HOUSE originally considered limiting this to 1 titudes in reaching agreement on a JOINT RESOLUTION 96, DIS- hour of debate, we expanded the debate consensus bill. APPROVING EXTENSION OF time at the request of the bipartisan I would be remiss if I did not single MOST-FAVORED-NATION TREAT- group that had negotiated a com- out the distinguished chairman of the MENT TO THE PRODUCTS OF promise with Mr. BEREUTER. Committee on Ways and Means, the CHINA The rule further provides for one mo- gentleman from Texas [Mr. ARCHER], Mr. SOLOMON. Mr. Speaker, by dition to recommit the bill, which, if and the ranking minority member of rection of the Committee on Rules, I containing instructions, may be offered the committee, the gentleman from call up House Resolution 193 and ask by the minority leader or his designee. Florida [Mr. GIBBONS], and the Com- for its immediate consideration. I would point out to my colleagues mittee on International Relations The Clerk read the resolution, as fol- that this latter provision is in keeping chairman, the gentleman from New lows: with the new House rule adopted on York [Mr. GILMAN], and the gentleman H. RES. 193 January 4 of this year which guaran- from Indiana [Mr. HAMILTON] for all Resolved, That upon the adoption of this tees to the minority the right to offer their work on this issue. resolution it shall be in order to consider in a motion to recommit with instruc- Mr. Speaker, this is a good rule, a the House the bill (H.R. 2058) establishing tions, and I quote from rule XI, clause fair rule and a bipartisan rule that will United States policy toward China. The bill 4(b), ‘‘if offered by the minority leader enable us to debate the issues and vote shall be debatable for ninety minutes equal- or his designee.’’ That is what is con- on two distinct yet related propo- ly divided and controlled by the chairman tained in the House rules. sitions relating to the People’s Repub- and ranking minority member of the Com- This is a guarantee we Republicans lic of China. I hope that we will adopt mittee on International Relations. The pre- were denied on numerous occasions this rule. vious question shall be considered as ordered Turning now, Mr. Speaker, to the on the bill to final passage without interven- when we were in the minority but ing motion except one motion to recommit. which we promised to give the minor- substance of the issue itself, I cannot The motion to recommit may include in- ity if we became the majority. avoid making the observation that two structions only if offered by the minority Mr. Speaker, the rule goes on to pro- things have remained constant since leader or his designee. vide that after the disposition of H.R. the House began having this annual H 7266 CONGRESSIONAL RECORD — HOUSE July 20, 1995 China MFN debate 5 years ago. Those citizen, whose only crime was to tell a surprise. For years now the United two constants are simply these: Our the world the truth about China’s States has seen how China treats its trade deficit with China keeps going gulag and the prison labor system. own citizens.’’ up, and the conditions within China it- That is his only crime. Yet, he is being Mr. Speaker, I would simply close self keep going down, keep getting detained. God knows what is going to this portion of my remarks by noting worse. happen to him. that no Member of this body should be Is there a single problem that trou- Mr. Speaker, the list of abuses goes bles the United States-China relation- on and on and on. Every one of these surprised by the current state of Unit- ship which has gotten better in the last problems has gotten worse during a pe- ed States-China relations. If Members 5 years? I ask all of my colleagues lis- riod of time in which China’s exports do not think about anything else tening to this debate today to answer to the United States have gone up, lis- today, I hope that they will at least that question. Has anything gotten ten to this, have gone up 233 percent. ponder this: A China which is not at better since we debated this 1 year ago? And our trade deficit against China has peace with its own people will not be at The Chinese Communists’ brutal dis- gone up by a staggering 377 percent peace with the United States or any regard for human rights, how about since 1989, and we sit here and allow other country in the world. That is that? The severe restrictions on free- this to continue to happen, putting why human rights have to be at the dom of speech, press and assembly and Americans out of work. center of the United States-China rela- association, have they gotten better? That is what is wrong with giving an tionship, because American interests Members know the answer. The contin- outlaw regime MFN status. The trade are ultimately inseparable from our ued denial of prison visits by inter- becomes a one-way street. In 1989, the American values. Anything and every- national observers, has that improved? year of Tiananmen Square, about 23 thing we do should be to promote those No. The continued jamming of Voice of percent of China’s total exports came American values. America, still going on. The ongoing to the United States, 23 percent. By Mr. Speaker, we will be conducting sales of missiles and weapons of mass last year, that figure had risen to near- the MFN debate this year under a dif- destruction to terrorist regimes, still ly 37 percent, and yet the Chinese Com- ferent format from what we have used going on. The unrestrained use of pris- munist regime continues to thumb its in previous years. The whole point of on labor in the manufacture of export nose at everything our country stands what this House will be doing today is products, in competition to the shirt for. America, the leader of democracy to send a united and unmistakable that I am wearing, made by Americans throughout the world, they thumb message to China that the freely-elect- in the United States of America, has their nose at us. ed representatives of the American I would just ask the proponents of that gotten better? No, it has gotten people are putting human rights and MFN, when do the benefits start? When worse, and the proof is out there. American values back into the central The massive military buildup, par- can we expect to see a change in Chi- focus of the United States-China rela- ticularly in offensive weapons systems. nese behavior? The hometown news- tionship. I mention again, offensive weapons sys- paper of the gentlewoman from Califor- tems, which threaten the peace of the nia [Ms. PELOSI] said it best. Reasonable men and women can have entire East Asian region. A recent editorial in the San Fran- an honest disagreement over the rel- Do my colleagues know that the Peo- cisco Examiner said that our current ative merits of MFN, and there are ple’s Republic of China has more than approach to China proves that ‘‘Once good people on both sides of this argu- doubled its defense budget in the last 5 you get rolled, it’s easier to get rolled ment, Republicans and Democrats years while other countries, like the again. The Chinese have little reason alike. However, let there be no mistake United States of America and all of our to think the United States will make about it, Members of this Congress are NATO allies, all countries around the good on any threat,’’ because we never unanimous in our determination to see world have decreased their military follow through. an end to the abuses that China’s Com- spending? Continuing to read from the Exam- munist regime is perpetrating on its iner editorial: ‘‘Instead of calling the b own people and on the world at large. 1040 shots, the United States is treated by There is China’s continued reliance the Chinese as a bothersome Mr. Speaker, I ask all of the Members on predatory trade practices, and I supplicant.’’ Is that not something, to think about this point as we debate could just go on and on. To top it all this great Nation? this issue over the next 3 hours. off, the Chinese regime has arrested a Continuing to read: ‘‘Such back-of- Mr. Speaker, I include for the man named Harry Wu, an American the-hand treatment should not come as RECORD the following material: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of July 19, 1995]

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

Open/Modified-open 2 ...... 46 44 36 72 Modified Closed 3 ...... 49 47 12 24 Closed 4 ...... 9 9 2 4 Totals: ...... 104 100 50 100 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 July 19, 1995]

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). July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7267 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of July 19, 1995]

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

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) 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 ...... H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... 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. Speaker, I reserve the balance of repressed. Scholars and intellectuals an expert, and I will be interested in my time. are imprisoned, and women are often hearing what he has to say. Mr. BEILENSON. Mr. Speaker, I forced to have abortions if they try to (Mr. DREIER asked and was given yield myself such time as I may have more than one child. permission to revise and extend his re- consume. In 1989 the world was horrified when Mr. Speaker, we support the rule. As the Chinese killed their own students marks.) my colleague on the other side of the at Tiananmen Square. Now, 6 years Mr. DREIER. Mr. Speaker, I thank aisle has indicated, this rule will pro- later, not much has changed. China the chairman of the Committee on vide for the debate on two measures, continues to violate basic human Rules for his very kind remarks. As I H.R. 2058, the China Policy Act of 1995, rights of its own people, and those liv- look in the Chamber here, it was, be- and House Joint Resolution 96, the res- ing in Tibet as well. It also routinely lieve it or not, exactly 1 year old olution disapproving the extension of contributes to nuclear weapon and mis- today, July 20, 1994, that my colleague, most favored nation treatment to the sile proliferation among terrorist the gentlewoman from California, Ms. People’s Republic of China. The rule al- states. PELOSI, my colleague, the gentleman lows 90 minutes of debate on the China Many of us in the Congress believe from Virginia, Mr. WOLF, my colleague, Policy Act and also provides for 1 hour that tough economic sanctions by the the gentleman from New York, Mr. of debate on the resolution disapprov- United States is the only way to con- SOLOMON, the gentleman from Mary- ing MFN to China. vince China to stop its human rights land, Mr. HOYER, the gentlewoman This is not an unusual rule for this violations. By denying MFN status and legislation, which has critical implica- reversing China’s $30 billion trade sur- from Texas, Ms. EDDIE BERNICE JOHN- tions for United States policy toward plus, we may get some concessions. If SON, our colleague, the gentleman from China. In the past, the Committee on the Chinese Government refuses to Arizona, Mr. KOLBE, and the gentleman Rules has brought two measures to the hear the protests of those who respect from Oregon, Mr. Kopetski, our former floor under one rule. My colleagues on basic human dignity, perhaps it will colleague, joined in the first biparti- both sides of the aisle are in total listen if money is at stake. san, bicameral debate on a very impor- agreement with the rules resolution, We are glad Mr. Speaker, that we will tant question that came forward. That and many of my colleagues, including have a chance to debate this issue and question was, should U.S. trade policy the distinguished author of the dis- to bring the bill of the gentleman from be used to enforce human rights? approval resolution, the gentleman Nebraska [Mr. BEREUTER] to the floor, I would say to my colleagues who from Virginia, Mr. WOLF, as well as the the so-called China Policy Act, which participated in that, they remember gentlewoman from California, Ms. addresses some of the serious flaws in very well that we had a difficult time PELOSI, and the gentleman from Ne- our current policy toward China. Again determining exactly what the exact braska, DOUG BEREUTER, have worked we reiterate; we support this rule, and many hours to reach agreement on the we urge our colleagues to join us in question was going to be. We all proper legislative approach. They have voting for it. It is a fair and a good agreed, we all agreed that U.S. trade done an excellent job. They deserve, as rule. policy should be used to promote the gentleman from New York already Mr. Speaker, I reserve the balance of human rights, but we decided to take has, they deserve to be commended. I my time. the negative position, that U.S. trade am glad we will have a chance to de- Mr. SOLOMON. Mr. Speaker, I yield 5 policy should not be used to enforce bate this issue. minutes to the gentleman from Califor- human rights. That is for a very simple The Chinese have one of the worst nia [Mr. DREIER], the vice chairman of and basic reason. I remain convinced human rights records in the world. In- the Committee on Rules. Even though that trade promotes private enterprise, dividual rights of people are routinely he and I disagree on this matter, he is which creates wealth, which improves H 7268 CONGRESSIONAL RECORD — HOUSE July 20, 1995 living standards, which undermines po- across the economic spectrum who are TER]; and we had the Wolf-Pelosi legis- litical repression. benefiting from the kind of engage- lation, which we believed was the If we look at the very serious chal- ment that we have going on today. The strongest possible message on human lenges that lie ahead for the most pop- benefits have been very, very great: rights for this Congress. We have, I ulous Nation on the face of the Earth, black and white TV’s are even appear- think happily, been able to merge the a country which has five times the pop- ing in caves in China. When one thinks Bereuter bill and the Wolf-Pelosi bill ulation of the world’s only complete about that kind of exposure to the into the product we have here. superpower, the United States of Amer- West, we are clearly, clearly on a path Indeed, we were very pleased to have ica, we clearly have an obligation to toward improving the situation there. many of the provisions in the bill of remain engaged. I hope very much that we will be able the gentleman from Virginia [Mr. Right here in the United States, we to now move ahead in a bipartisan way. WOLF] and the bill of the gentleman know full well that there are thousands This is a new day, because there is rec- from California [Mr. BEREUTER], but I and thousands of jobs that depend on ognition that while we can never toler- commend the gentleman from Califor- our exports to the People’s Republic of ate the reprehensible human rights vio- nia for having initiatives that were China. In fact, 360,000 jobs hinge on our lations, the violation of Harry Wu’s even stronger than some of ours and exports, so clearly, cutting off trade rights and others’ rights, we need to do with which we were very pleased to as- with China would jeopardize economic everything that we possibly can to sociate ourselves. growth right here in the United States. move ahead with this very important As with any compromise, some peo- Quite frankly, I believe that it is ex- policy of engagement. I thank my ple may not be happy with it, but as I traordinarily important for us to look friends for working in a very close bi- say on this China issue, if it is good at the gains which have been made in partisan way with the gentleman from enough for the gentleman from Vir- China over the past several years, since California [Mr. BEREUTER], and others ginia [Mr. WOLF] it should be good we worked to deal with this issue of en- to bring this about. enough for the rest of us. gagement. As my friends here on the Mr. BEREUTER. Mr. Speaker, I yield Why is it that we need to come here House floor know full well, I take a such time as she may consume to the again to discuss this issue and to back seat to no one when it comes to distinguished gentlewoman from Cali- present a policy for China in the Con- demonstrating outrage at the issue of fornia [Ms. PELOSI]. gress of the United States? Our col- human rights violation. Ms. PELOSI. Mr. Speaker, that is leagues who have spoken before me, The gentlewoman from California music to my ears. I thank the gen- the gentleman from New York [Mr. [Ms. PELOSI], and I joined with the gentleman from California [Mr. BEILEN- SOLOMON] taking the lead, have spoken tleman from Virginia [Mr. WOLF] and SON] from the Committee on Rules for of some of the concerns that this Con- others in marching, following the being so generous in yielding, and also gress has with China. They fall into Tiananmen Square massacre from the chairman of the Committee on three categories, by and large: human right here in the Capitol up to the Chi- Rules, my good friend, the gentleman rights, proliferation of weapons of mass nese Embassy to protest the from New York [Mr. SOLOMON], for destruction, and, obviously, unfair Tiananmen Square massacre. The fact bringing this rule to the floor, and for trade practices; and MFN is related to of the matter is we have to realize that his championing the cause of freedom trade. It is appropriate that we are if we are going to continue to deal with throughout the world, and his relent- here. the improvement of human rights, less advocacy for human rights in The reason this debate comes up an- there is nothing, nothing that we could China. do to jeopardize it in a greater way It is with a great deal of pleasure, nually, and the gentleman from Cali- than to bring to an end, bring to an end Mr. Speaker, that I rise in support of fornia [Mr. DREIER] said we were 1 year the engagement policies that we have the Bereuter legislation, H.R. 2058, talking about this, 1 year to the day, is had over the past several years. which is designed to move United because the President must request a Mr. Speaker, last year I went with States-China policy in the right direc- special waiver to grant MFN to China; my father and traveled throughout tion by sending a strong message to hence, the proposed motion of the gen- China, and had fascinating experiences the Chinese Government that the Unit- tleman from Virginia [Mr. WOLF] to there. As I talked to people who ed States Congress is concerned about deny the President’s request. worked, peasants and others, clearly human rights in China and Tibet. In those three areas of human rights, they carried the strong message that I have been pleased to work in this trade, and proliferation, in this past as the old leaders of China fade from endeavor with my distinguished col- year there has been no progress. In- the scene, they do not want to see us league, the gentleman from Virginia deed, the Chinese continue to violate leave their country economically dev- [Mr. WOLF]. With all due respect to the international standards and norms, and astated. It is for that reason that they previous speaker, the gentleman from the missile technology control regime, encouraged us to maintain MFN with California [Mr. DREIER], we should all in transferring technology to Pakistan, China. take a back seat to the gentleman from to Iran, and making the Middle East a As we also look at the situation Virginia as an advocate for human very dangerous neighborhood, as well which exists there, it is very clear that rights throughout the world, in his ad- as the world a less safe place. there are many things that we as a vocacy for human rights. Mr. WOLF is If there were no other consideration, country can continue to do to improve an inspiration to this Congress, and it the issue of the proliferation of nuclear the quality of life of the people of is a privilege to work with him. technology to unsafeguarded countries China. Just this week we received a I was particularly pleased that the would be enough reason for us to deal letter from Jack Valenti, our friend leadership of this Congress, the office with this MFN issue on this floor. with the Motion Picture Association of of the Speaker, and of the Democratic What is dismaying about all of this is America, in which he talked about that leader worked to help us merge our that instead of addressing this issue, to near record crowds; the movie ‘‘For- bills, forge a compromise under the the Clinton administration on June rest Gump’’ is playing in China. Let us leadership of the gentleman from Cali- 30—this notice was in the CONGRES- think about the movie ‘‘Forrest fornia [Mr. BEREUTER], and I am grate- SIONAL RECORD on June 30: ‘‘Notice of Gump,’’ that great American drama, ful to him for his leadership and his re- termination of the suspensions of li- set with the backdrop of 20th century ceptiveness to our ideas. censes for the export of cryptographic American history. What an amazing As many Members know, and I ad- items to the People’s Republic of message to have moving throughout dress the mechanics of this because we China—Message from the President.’’ the country of 1.2 billion people living are on the rule, as many know, we had It is in the June 22, 1995, CONGRES- today under political repression. three options out there. We had the SIONAL RECORD. I have it available for My hometown newspaper, the Los motion offered by the gentleman from our colleagues. Angeles Times, just this week had a Virginia [Mr. WOLF] for total revoca- This is all to say, Mr. Speaker, that very important article talking about tion; we had the legislation of the gen- there is a double standard with this ad- individuals within China from all tleman from California [Mr. BEREU- ministration when it comes to China. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7269 We have defined Iran as a rogue coun- ments, but in addition to the lack of government for the promotion of polit- try. We have made a strong point of market access for American products ical, economic and religious freedom. saying we will not trade with them. We into China, which is also a trade viola- Finally, the Bereuter bill requires have chastised, and more, Russia for tion. the administration to get Radio Free their trade with Iran. b Asia up and running. This important We have looked the other way when 1100 initiative has been stalled for too long. China has done the same, and indeed, What does the administration do? The bill mandates that within 90 days and indeed, in the same time frame, we The administration not only gave them of enactment, Radio Free Asia shall have lifted—the President has gotten a MFN but this past January gave the commence broadcasting to China. blanket waiver against the prohibition Chinese the same trade privileges, re- I urge my colleagues to give a strong of sale of encryption technologies to ductions in tariffs, that World Trade vote on the Bereuter bill, on the China China. This is, I think, a big mistake. Organization members have, even Policy Act, because it will allow the The human rights violations continue, though China is not a member of the United States Congress to send a uni- highlighted, of course, by the arrest of World Trade Organization and living up fied message to the Chinese govern- Harry Wu, a champion of democracy, a to any of the standards or requirement that its continuing violations of scholar at the Hoover Institution at ments of the WTO. internationally recognized human Stanford University, a distinguished Again, our concern is with China. rights are not acceptable. American, an internationally recog- The disappointment is with the admin- The reason that I am pleased with nized champion of human rights, and istration in the way they respond to this bill and one of the reasons I sup- his release must be immediate, as the human rights, trade and proliferation port the bill is because it does hold the bill calls for. violations. President accountable. Last year when However, I would also like to say This China Policy Act that the gen- the President did not abide by the Ex- that Harry’s plight is not only that of tleman from Nebraska [Mr. BEREUTER] ecutive order he had issued the year be- an individual, but representative of the has authored establishes a framework fore, he instead proposed some initia- thousands and thousands and thou- for diplomatic relationships between tives, a code of conduct for businesses, sands of people who are in prison labor the United States and China. It calls funding for Radio Free Asia. The list camps in China who Harry’s advocacy upon the President to undertake inten- goes on and on. The fact is that the ad- was for. He had been arrested for 19 sified diplomatic initiatives to per- herence to it was zero. years for criticizing the Soviet inva- suade the Chinese Government to un- It is important, I think, for us to sion of Hungary. He knew of what he conditionally and immediately release hold the administration accountable. A spoke in terms of brutality in slave Harry Wu. vote for the China Policy Act will do labor camps. It continues. His telling The provisions of the legislation are that. I think it is very important for the truth about that has landed him in available to our colleagues, but since it this Congress. We have been engaged in a Chinese jail. As an American citizen is new I will just touch on a few: advocacy for a long time. We will al- he deserves our fullest support. I urge Adhere to prevailing international ways be engaged in advocacy for the our colleagues to avail themselves of standards regarding proliferation of causes of concern to us. But absent a our yellow ribbons on his behalf. weapons of mass destruction, including coherent China policy that maybe the He is not the only one, obviously, in halting the export of ballistic missile State Department proposes, the Com- prison that we are concerned about. technology and the provision of other merce Department appears to dispose, I There are thousands who are; in par- weapons of mass destruction to Iran, think it then behooves the Congress to ticular, Wei Jing Cheng, Bao Pong, Pakistan, and other countries of con- set forth a framework that will have a Chen Zeming, some of the champions cern; respect internationally-recog- positive impact on our relationship of Chinese democracy. Indeed, in the nized human rights—we know what with China. last few months, many leaders and in- they are—press, freedom of religion, as- I think the message should be very tellectuals in China have been arrested sembly, et cetera; releasing all politi- clear that a prosperous, strong and for merely signing petitions asking for cal prisoners and dismantling the Chi- democratic China is in the best inter- an end of corruption and more demo- nese gulag and forced labor system; est of the United States. We look for- cratic reforms in China. Obviously, my ending coercive birth control practices; ward to a great future with the Chinese colleagues know I could go on all day respecting the rights of the people of people, but in doing so we want to do it about the violations of human rights in Tibet and ethnic minorities; curtailing on the basis of recognition of inter- China. excessive modernization and expansion national norms and indeed norms that On the subject of trade, when we first of its military capabilities. It goes on the Chinese government has signed on started this debate in 1989, for that to more on that. to but has not abided by. year, for 1989, China had a $6 billion Adhere to rules of international By supporting the Bereuter bill, we trade surplus with the United States. trade regime; comply with the prohibi- can speak with one voice on behalf of That means, as Members know, within tion on all forced labor products com- those fighting for freedom in China. I our trade relationship they profited by ing into the United States; and reduce urge my colleagues to vote for the bill. $6 billion. This past year, it was $30 bil- tension with Taiwan through dialog In closing, I wish once again to com- lion. It went $6, $9, $12, $18, $24, $30. and confidence-building. mend my colleagues on that side, the This year it will be closer to a $40 bil- The bill specifies the administration gentleman from New York [Mr. SOLO- lion trade surplus, inching closer year should undertake diplomatic initia- MON], the gentleman from Virginia [Mr. by year to the same kind of deficit that tives bilaterally with China and multi- WOLF], and particularly in this case we have with Japan, but absent the laterally in the United Nations, the the gentleman from Nebraska [Mr. BE- same kind of allowing of products into World Bank, the World Trade Organiza- REUTER] for his leadership in bringing their markets that even Japan does. tion and in our bilateral relations with this legislation to the floor. I once Then Members know what our com- other countries. again thank the leadership of the plaint is with Japan. In order to hold the President ac- House for accommodating our con- I do not want to bring up the issue of countable for undertaking these initia- cerns. Taiwan in terms of recognition, but tives, the bill requires a report to Con- Mr. HALL of Ohio. Mr. Speaker, I just in terms of this one figure. In gress within 30 days of enactment and yield 3 minutes to the gentleman from China there are 1.2 billion people. In at least every 6 months thereafter. Ohio [Mr. TRAFICANT]. Taiwan there are approximately 19 mil- H.R. 2058 also places Congress firmly (Mr. TRAFICANT asked and was lion people, and Taiwan imports from on the record in support of the pro-de- given permission to revise and extend the United States twice as much as mocracy movement in China. For the his remarks.) mainland China imports from the Unit- first time we commend the men and Mr. TRAFICANT. Mr. Speaker, I am ed States, so the trade issue must be women working in the democracy not here today to talk about Harry Wu addressed, not only in terms of slave movement, particularly those people or Tiananmen Square or human rights. labor and violations of trade agree- who so bravely petitioned the Chinese Those issues should be addressed. But I H 7270 CONGRESSIONAL RECORD — HOUSE July 20, 1995 think commerce and trade should be the tireless champion for human rights least some progress with the well- looked at in a little bit of a different throughout the world; the gentle- thought-through and negotiated legis- vein here, folks. woman from California [Ms. PELOSI] lation presented by the gentleman Let me say this: America does not who has distinguished herself in her ca- from Nebraska [Mr. BEREUTER]. But need to go bankrupt trying to effect reer for her advocacy on behalf of de- this is an issue that will not go away some social reforms in China. mocracy and human rights in China; until China truly is normal. Then we Let us look at the record. China has the gentleman from New York [Mr. can tell the world community they are been convicted of dumping in American SOLOMON], my chairman and dear not a rogue regime. They are normal. markets, placing phony ‘‘made in friend; the gentleman from New Jersey Mr. HALL of Ohio. Mr. Speaker, I America’’ labels on cheap Chinese im- [Mr. SMITH] who is here and who has yield 2 minutes to the gentleman from ports, violating international prison worked so tirelessly on this issue as Maryland [Mr. CARDIN]. labor law, violating United States has the gentleman from Illinois [Mr. Mr. CARDIN. Mr. Speaker, we should copyright law, closing Chinese mar- HYDE] and others. not be timid in using trade with the kets, and that is only the tip of the ice- Mr. Speaker, this is a fair rule. I rise United States to stand up for human berg. Their average wage is 17 cents an in support of it. I would prefer today to rights. This Nation has stood tall, hour. They still employ slave labor. see a vote on the denial of the exten- sometimes alone, for the rights of peo- Let us look at some facts. Right now sion of MFN to China. But I will supple around the world against some very China enjoys a one-way street, a $37 port the Bereuter legislation. I think it strong governments. billion trade surplus with America, sec- is a fair, well-thought-out piece of leg- Some of the proudest moments in the ond only to Japan. At least Japan islation. history of this Nation were when we makes us some promises. China makes What we are dealing with, Mr. Speak- watched Soviet emigres settle in new us threats. China says if you mess with er, here today on this issue really I homes around the world. We saw the MFN, they will crack down on soy- think is related to the following ques- destruction of the Berlin Wall, the his- beans, corn, aircraft, grain. They will tion: What is the goal, or what should toric elections in South Africa, know- not tolerate it. Unbelievable, ladies be the goal of our public policy? The ing full well the role that we played in and gentlemen. maximization of profit for our busi- the United States to bring about these I believe that a Congress that will nesses at all costs, even at the cost of historic moments. allow China to dictate trade terms is ignoring, of not even mentioning the Trade was a critical tool in those the same Congress that has destroyed Orwellian nature of the Chinese re- changes. MFN and denying it to the many American jobs. gime? Soviet Union played a critical role in Let us talk some business. How do I know, Mr. Speaker, the geopolitics the actions of the Soviet Union in you compete with foreign imports with involved when we analyze China. I Eastern Europe. Trade sanctions a wage factor so limited and low? Then know that China is the historical ad- against South Africa was a critical tool they rip off our markets illegally and versary of Russia, and I know the size in bringing about the changes in South we extend the red carpet treatment, of China and the great number of Africa. talking about all the great business we human beings that reside there. The current conditions in China, as it May I recommend to our colleagues are going to attain. relates to respect for human rights, is the book by our colleague, the gen- This is a dream world. The Constitu- outrageous. We should not be timid in tleman from North Carolina [Mr. tion is very clear on this: Congress taking economic action as it relates to FUNDERBURK], written with regard to shall regulate commerce with foreign China. It will work. China, as the So- his experience when he was United nations. One of the main problems fi- viet Union of the pre-1990’s before it, States Ambassdaor to Romania under nancially in America is the Congress of Ceausescu, his brilliant synthesis of should not be granted unrestricted the United States talking about bal- how those rogue regimes look to most- MFN. We should stand tall for human anced budgets and all of these other favored-nation status as legitimization rights against these nations. It will sideline issues and missing the whole of their conduct. They know who they work. boat. You cannot balance the budget of are, but they want to be told by the Mr. HALL of Ohio. Mr. Speaker, I the United States buying much more leader of the free world, the United yield 2 minutes to the gentleman from than you sell. That is what we are States in effect, and we do that with Georgia [Mr. LEWIS]. Mr. LEWIS of Georgia. Mr. Speaker, doing, and it is our trade problem, MFN, ‘‘You’re normal. We are ignoring folks. your rogue status. We are ignoring the I thank my friend and colleague for I am going to oppose any more most- nature of your brutality.’’ yielding me the time. favored-nation trade status for China That is what MFN is. When we deny Mr. Speaker, I strongly support this for one reason: They do not deserve it. MFN, there are no tariffs involved. It is rule. I want to thank the gentleman It is time to regulate trade with China. simply a political statement which from New York [Mr. SOLOMON], the One last thing, ladies and gentleman. tells rogue regimes, in this case the chairman, the gentleman from Virginia We are either going to take on the Chinese regime, that they are not what [Mr. WOLF], the gentlewoman from trade issue in America or we will con- they really are. That, in effect, is what California [Ms. PELOSI] and the gen- tinue to have huge budget deficits and MFN is. tleman from Nebraska [Mr. BEREUTER] tremendous loss of jobs. You cannot I think that we have to realize and for all their good work. We must send separate them. ask this question about ourselves: Are a very strong message to China. Mr. SOLOMON. Mr. Speaker, I yield we willing to go through the trouble of Mr. Speaker, we must send a strong 31⁄2 minutes to the gentleman from at least mentioning, of at least telling message to China. We must let China Florida [Mr. DIAZ-BALART], another the tyrants in China, ‘‘We know who know that if they want to join the outstanding member of the Committee you are’’ or ‘‘We know your genuine community of nations, they must treat on Rules who formerly served on the nature.’’ their people with respect and dignity. Committee on Foreign Affairs and is ‘‘We know that you murder prisoners We must tell them that selling arms to certainly very knowledgeable on this and that you sell their organs. We Iran, a terrorist nation, is unaccept- issue. know that you use slave labor. We able. Mr. DIAZ-BALART. Mr. Speaker, I know that you force women to have Harry Wu’s arrest is only the most thank the gentleman, the chairman of abortions.’’ recent reminder of China’s longstand- the Committee on Rules, for yielding By not extending MFN, we would ing human rights abuses. We cannot me the time. simply be telling the Chinese tyrants, forget the day the tanks rolled into Mr. Speaker, I want to thank our dis- ‘‘We know who you are and we’re tell- Tiananmen Square. Terrible human tinguished colleagues who have worked ing the world who you are. Recognizing rights abuses continue to this day. so diligently and so exhaustively on the geopolitics, which we are not ignor- Political prisoners in China and this issue: The gentleman from Ne- ing, we’re telling you who you are.’’ Tibet are brutally tortured. Religious braska [Mr. BEREUTER]; of course the I wish that we would have that vote leaders are imprisoned. Democratic re- gentleman from Virginia, [Mr. WOLF], today. If not, I think we are making at formers are jailed. There is no freedom July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7271 of speech, no freedom of press, no free- significantly worse. Li Peng issued two Mr. Speaker, she went on to say, dom at all. sweeping decrees, 144 and 145, to crack ‘‘Considering human rights in China, We have a moral obligation and a down on the house church movement we suffer more than any other coun- mandate to tell China to change its and on the fledgling Catholic church in tries, if we don’t have the right even to ways. As a Congress and as a nation, the People’s Republic of China. One get birth to a baby. What’s the use of we cherish freedom, and we must speak could be part of the officially govern- any other rights? Please don’t mention out. ment-sanctioned, government-run my name in public since I could be se- We cannot stand by while China sti- church, but if they dared to worship verely punished.’’ And she went on in fles dissent and disagreement. We can- God and read their Bible in their home, her letter to talk about what some of not stand by while the Chinese Govern- or assemble to praise God, they are her friends have gone through. ment tortures its prisoners. We cannot going to have their door broken down Mr. Speaker, on gulag labor, on reli- stand by while China exports goods and the public security police are going gious repression, on forced abortion, all made in slave labor camps. We cannot to yank them off to prison for interro- of these human rights abuses, the stand by while China detains an Amer- gation and for beatings. Tiananmen Square and other dissidents ican citizen, Harry Wu, and threatens The situation of Harry Wu, I think, who continue to be rounded up. Wei him with the death penalty. crystallizes what is going on in China Jing Cheng, who met with Assistant I truly believe that if you do not today. Here is a man who spent 19 Secretary John Shattuck and 2 weeks stand for something, you will fall for years in the Laogai, was in the gulag later was dragged into prison. Here is anything. We cannot have trade at any system, faced unbelievable repression, the hero to the Democracy Wall move- cost. We must not let the democracy the use of hunger as a means of tor- ment who had the audacity to meet movements in China and Tibet fall. We ture. with the Assistant Secretary for must stand with the people who are He spoke at a subcommittee hearing. Human Rights. He met with me 2 fighting for freedom. I urge my col- I am the chairman of the International weeks earlier in Beijing and because he leagues to support this Rule. Operations and Human Rights Sub- met, he was dragged off and we have b 1115 committee, and Harry and other survi- not heard from him since. Mr. SOLOMON. Mr. Speaker, I yield vors of the Laogai system came for- This is a very cruel regime, Mr. ward and talked about their terrible Speaker. To be dealing with the Chi- 41⁄2 minutes to the gentleman from New Jersey [Mr. SMITH] who has been one of experiences in that gulag system. nese today, and to act as if there is the leaders for human rights through- Many of those products which end up nothing going on human rights wise, is out this world for many, many years in in our stores. They are being sold in like dealing with the Nazis back in the this body, and we just admire and re- our supermarkets and in our stores 1930’s. This is a cruel dictatorship. Let spect him so much. across the country. us not forget that. Their people do not Mr. HALL of Ohio. Mr. Speaker, I We have what we call a memorandum have rights. yield 2 minutes to the gentleman from of understanding with the People’s Re- And when we talk about New Jersey [Mr. SMITH]. public of China, to check out the use of empowerment, empowerment has not Mr. SMITH of New Jersey. Mr. gulag labor for export, and it is a farce. worked. Yes, trains may run on time Speaker, let me say that the gen- They do not allow us access to those. and we may be having this robust trad- tleman from New York [Mr. SOLOMON], The gentleman from Virginia [Mr. ing relationship, but they have had re- especially on the issues related to WOLF] and I went to Beijing Prison No. gression in human rights. They have China, has been a stalwart and it is so 1 and saw socks and jelly shoes being gone in the opposite direction. Rather good to be working with him and the made, but it was one of those rare in- than liberalization, they have become gentleman from Virginia [Mr. WOLF] stances when we were actually able to more repressive. and the gentlewoman from California see what was being made with pris- There is a compromise piece of legis- [Ms. PELOSI] and many others. oners and other people who were held lation that will be offered. I think it is China is one of the worst, most egre- in incarceration. a good start. I would have hoped that gious abusers of human rights in the Harry Wu, Mr. Speaker, should tell we would have revoked MFN. The world today. In report after report is- us all what can happen when an Amer- President shamelessly delinked it, sued by our own State Department, and ican citizen traveling on a duly issued after making all the right noises for numerous human rights organizations, visa and passport, is held incommuni- months. He delinked it when human examples of wide-ranging abuses of cado and denied access by our own Em- rights got worse in China. For years to human rights indicate that no aspect bassy, against all the rules, and now come, that will be seen as one of the of human life is free from the repres- continues to languish in China against worst decisions this President has ever sive and the insidious control of the his will. It tells us that the human made and another indication of the butchers of Beijing. rights situation is abysmal. vacillation of the Clinton Presidency. Mr. Speaker, last year, a year and a He has been a tremendous witness to Mr. Speaker, I urge Members to vote half ago, I thought the President had it the sorriest state of human rights in for the Bereuter legislation. I do think right. He issued an Executive order. He China and, thankfully, we are today be- it makes a strong statement. Radio laid down very clear, nonambiguous ginning to bring some focus on what is Free Asia is needed now more than markers. Significant progress in actually occurring there. ever and language in this legislation human rights had to be achieved or On the issue of forced abortion, Mr. admonishes the President to do that. It MFN was a goner. He stated this and Speaker, which I know Members have is a good bill. We could have had bet- made very, very much about it. As a heard me talk about since 1979 when it ter, but I urge support for it. matter of fact, during his race for the was first initiated in that country, just Mr. HALL of Ohio. Mr. Speaker, I Presidency, he accused Mr. Bush of the other day I received a letter from a yield 51⁄2 minutes to the gentleman coddling dictators. woman in China who heard me talking from Connecticut. [Mr. GEJDENSON]. But I am very sorry to say that as we about it on Voice of America and she Mr. GEJDENSON. Mr. Speaker, we saw a deterioration of the human wrote me this letter: ‘‘I’ve been hesi- have today an opportunity to take a rights situation in China and a signifi- tating to write you until today. At the small step forward on behalf of human cant regression, this President, Bill end of May I heard a report on V.O.A. rights for the people of China. In is a Clinton, blinked. He did a complete about your concern over China’s cruel very small step. It takes very little flip-flop, backed off a very principled policy of forced abortion.’’ courage on our part, for we risk noth- stand, and then coddled the dictators, ‘‘As a Chinese woman who has just ing, either economically or our own the very butchers of Beijing that he been forced to have an abortion at that personal freedom. was so rightfully critical of during the time, I really agree with you. What is There is must more that has to be campaign and during the early months a real woman without the personal done. For people listening to this de- of his Presidency. right to have one more child, espe- bate, it must often be difficult to rec- It is shameless. The situation in cially when she is expecting a baby and oncile a country of a billion people China on religious freedom has gotten obliged by the state to kill that baby.’’ with a focused discussion on only one H 7272 CONGRESSIONAL RECORD — HOUSE July 20, 1995 or two individuals: Harry Wu, an Amer- Lithuanian Jew at the time, was hiding Chrysler, and I hope one day eventu- ican citizen who had all the proper doc- from the Nazis. The borders have ally that will happen. What we have to uments to enter China, sitting in pris- moved so often, it is hard to tell. It was do is to keep open the channels of com- on; a handful of others that are occa- Poland at that time; today it is Lith- munication. sionally mentioned. uania. To deny MFN status would be to What we do here today, and focusing She took this man in at risk of losing close that avenue. on Harry or one or two others, it to try their eight children. When I think of President Nixon said in a letter to to get across to people what is going on courage, I think of this woman. To President Bush in 1989, that ‘‘in the today in China. I first met Harry Wu 3 save an individual’s life, not a family current emotion of the moment our na- or 4 years ago. He came to testify member, she risked not only her own tions seem to be forgetting an impor- about slave labor and prison labor. He life, but she risked the lives of her tant point: A modernized, unified, and had with him a hidden camera as he eight children. effectively governed China that has met with Chinese officials. That courage that is asked of us here good relations with us is by far the pre- Posing as an American businessman, on this floor as American citizens does ferred solution for advancing American Harry asked how could he be guaran- not come to the same chart even. We security interests in East Asia.’’ It was teed the quality that he wanted in his are protected by civil rights and civil true in 1989; it is true in 1995. Let us products being made in a prison. In a liberties. We live in the greatest de- move forward and recognize that 60 free market, in a factory where work- mocracy in the world. But together we percent of all world trade is occurring ers come voluntarily, their pay and can help, without risk, the lives of in the Pacific rim. benefits have an impact on the prod- those today imprisoned in China. Mr. SOLOMON. Mr. Speaker, as I uct. But he asked, how could he be Join us in boycotting Chinese-made yield to the next speaker, let me thank guaranteed the product make by people products. Write to legislators and sen- the gentleman from Ohio [Mr. HALL]. who were enslaved by the Chinese gov- ators who oppose the Chinese Govern- He has taken over on his side of the ernment could have that quality? And ment’s continued oppression, and we aisle as the manager of this rule. He is the Chinese official, on camera, took will make a small difference in the truly one of the outstanding Members her hands and said, ‘‘We beat them. We lives of Chinese citizens. A billion peo- of this body, who has stood up for the beat them.’’ ple in China have a right to expect that oppressed people around this entire American consumers are out here they can live with some dignity and world. And we admire him and respect today purchasing products made by without oppression from their own gov- him as well. men and women who are in prison and ernment. Mr. Speaker, I yield 33⁄4 minutes to beaten to keep up the quality that Today we in the Congress will make the gentleman from Virginia [Mr. international corporations demand of a small step in sending a message to WOLF], the gentleman who has led the the products they sell across the globe. the Chinese Government. The Amer- fight for human rights all over this We are going to take a small step ican citizenry together can send a world. here today, but there is an opportunity much larger message. Let us not forget Mr. WOLF. Mr. Speaker, I want to for American citizens to take a much Harry Wu and the millions like him in personally thank the gentleman from larger step in the message to the Chi- China. Let us stand together for free- New York [Mr. SOLOMON] for his faith- nese tyrants. dom and individual rights. Let us not fulness over the years; also the gentle- When you buy something, take a forget the heroes of Tiananmen Square. woman from California [Ms. PELOSI] for look at where it is made. If you have Let us do our small part in fighting for her faithfulness on this. She was like an opportunity to buy something made freedom. Margaret Thatcher on this, and I also in the United States or a country that f want to thank the gentleman from Ne- respects human rights, make the pur- braska [Mr. BEREUTER] for his willing- chase from that country. There are b 1130 ness to kind of work this out, and I products at the same price. New Bal- Mr. SOLOMON. Mr. Speaker, I yield 2 want to thank the Speaker personally ance sneakers made in the United minutes to the very distinguished gen- because his involvement made a dif- States cost the same as those sneakers tleman from Illinois [Mr. MANZULLO], a ference. made by people enslaved in China. Buy member of the Committee on Inter- So much I want to say. I tell the gen- the American product. national Relations. tleman from Illinois [Mr. MANZULLO] If the Chinese officials see their per- Mr. MANZULLO. Mr. Chairman, the that, if we had traded with Hitler, I do centage of sales in the United States Bereuter resolution moves this country not think it would have made any dif- drop, we will not have to wait for a in the direction of putting additional ference, and I went to the Holocaust Congress or an administration to take pressure on China in terms of human Museum and saw the documents where sufficient steps to get that message rights violations. We can do that, and they said it would just have more busi- across to the Chinese Government. we can also have MFN status with ness with Hitler, he will change, and he We, as citizens in this country, to- China. did not change. gether have the ability to have an im- This country exports more than $9 There is a lot bad going on in China. pact on the policies within China. The billion a year of goods to China. That This is a good resolution, it is a good tens of billions of dollars worth of is close to 200,000 jobs in this country. bill, and I support it, but keep in mind, products that are sold in this country If we do not have MFN status with I will tell the gentleman when he talks each and every year provide the financ- China, that will be only one of eight about business, there are Catholic ing to sustain their system of govern- countries with which we have no MFN priests in jail that we now have in jail ment. status with in the entire world. in China. How much business is it Together, we can make that dif- Last year, I spent an entire day with worth for our Catholic priest to be in ference. Every time you go out to the Counsel General Wang Li from China in jail? There are Protestants who have store, take a look at where the product the 16th district in Illinois, which has been arrested in church. How much is made. If the product is made in a 1,500 factories. He told me there are 300 money in trade and factories is it country that oppresses human rights, cities in China that have in excess of 1 worth for that American? Harry Wu, an as China does, try not to buy that prod- million people. Seventy-five percent of American prisoner, is in jail. They uct. Maybe you cannot make it 100 per- those cities do not have an airport, and have more gulags and slave labor cent of the time. If you do it once in a he said that China is in the process of camps. while, if you do it twice, whatever time building over 200 airports. This is the The gentleman met with a Chinese you can do that, you will help people time to expand our trade with China. counselor. How about going into slave like Harry Wu who have risked their Look what happened this past week. labor camps? That is the problem. lives to take this action. China signed a $1 billion agreement When our people go to China and meet, When I grew up as a young man, I with Mercedes-Benz in a joint partner- they have dinner with Li Peng. They was told of an old Polish lady who ship to build the minivan in China. do not go into the house churches and saved my father’s life. My father, a That could have been signed with into the slave labor camps. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7273

Do not forget they are trading nu- from New York [Mr. SOLOMON] for his for 1994, there continue to be ‘‘widespread clear weapons with Iran and Iraq. Do faithfulness, and the gentlewoman and well-documented human rights abuses in not forget the missile violations, the from California [Ms. PELOSI] for her China, in violation of internationally accepted norms...(including) arbitrary and lengthy chemical war violations. Do not forget doggedness in staying with this issue. incommunicado detention, torture, and mis- they are plundering Tibet. Do not for- The SPEAKER pro tempore (Mr. EM- treatment of prisoners.... The regime contin- get they have arrested the men and ERSON). The gentleman from New York ued severe restrictions on freedom of speech, women connected with the Dalai Lama. [Mr. SOLOMON] is recognized for 15 sec- press, assembly and association, and tight- There are a lot of bad things that onds. ened control on the exercise of these rights China has done, and we should recog- Mr. SOLOMON. Mr. Speaker, let me during 1994. Serious human rights abuses nize this. just say this rule was negotiated with persisted in Tibet and other areas populated Although this resolution is good, be- the minority, the Democratic and Re- by ethnic minorities.’’. publican leadership. It is a good rule, it (10) The Government of the People’s Re- cause it finally gets the Congress in a public of China continues to detain political bipartisan way to come together, my is a fair rule, and I hope Members come prisoners and continues to violate inter- last comment is this: over here and vote for it. As a matter nationally recognized standards of human People talk about MFN. We would of fact, I hope there is not even a re- rights by arbitrary arrests and detention of not have granted MFN to the Soviet corded vote on it. persons for the nonviolent expression of Union. When Shcharansky was in Mr. Speaker, I yield back the balance their political and religious beliefs. Prime Camp 35, we would not have of my time, and I move the previous (11) The Government of the People’s Re- granted MFN to the Soviet Union, and question on the resolution. public of China does not ensure the humane treatment of prisoners and does not allow both sides know it. When Sakharov was The previous question was ordered. The resolution was agreed to. humanitarian and human rights organiza- under house arrest in Gorky, we all tions access to prisons. stood together, Republicans, Demo- A motion to reconsider was laid on (12) The Government of the People’s Re- crats, Liberals, and Conservatives, be- the table. public of China continues to harass and re- cause there was pressure to do it, and f strict the activities of accredited journalists God bless Ronald Reagan, and where is and to restrict broadcasts by the Voice of CHINA POLICY ACT OF 1995 he when we need him now? He stood America. (13) In the weeks leading to the 6th anni- firm and called them the Evil Empire. Mr. BEREUTER. Mr. Speaker, pursuant to House Resolution 193, I call up versary of the June 1989 massacre, a series of We would not have granted MFN to petitions were sent to the Chinese Govern- Czechoslovakia when Havel was under the bill (H.R. 2058) establishing United ment calling for greater tolerance, democ- arrest. No way we would have done it. States policy toward China, and ask for racy, rule of law, and an accounting for the A Member would have been embar- its immediate consideration in the 1989 victims and the Chinese Government re- rassed to come down to the floor and House. sponded by detaining dozens of prominent in- say, ‘‘Havel is in jail, let’s give him The Clerk read the title of the bill. tellectuals and activists. (14) The unjustified and arbitrary arrest, MFN.’’ The text of H.R. 2058 is as follows: H.R. 2058 imprisonment, and initiation of criminal And I thank the gentleman from proceedings against Harry Wu, a citizen of Be it enacted by the Senate and House of Rep- Georgia [Mr. LEWIS], who is not here. the United States, has greatly exacerbated resentatives of the United States of America in We would not have lifted sanctions and the deterioration in relations between the Congress assembled, done anything for South Africa when United States and the People’s Republic of Nelson Mandela was in. SECTION 1. SHORT TITLE. China, and all charges against him should be This Act may be cited as the ‘‘China Policy So this is a good resolution. It puts dismissed. Act of 1995’’. (15) China has failed to release political the Congress on record. But let us not SEC. 2. FINDINGS. drip with sour grapes and say China is prisoners with serious medical problems, The Congress makes the following findings: such as Bao Tong, and on June 25, 1995, re- going to build all these airports, and (1) The People’s Republic of China com- voked ‘‘medical parole’’ for Chen-Ziming they are going to do all these wonder- prises one-fifth of the world’s population, or reimprisoning him at Beijing No. 2 Prison, ful things. 1,200,000,000 people, and its policies have a and Chinese authorities continue to hold Wei How about what the gentleman from profound effect on the world economy and Jingsheng incommunicado at an unknown Ohio [Mr. TRAFICANT] and the gentle- global security. location since his arrest on April 1, 1994. woman from Ohio [Ms. KAPTUR] will (2) The People’s Republic of China is a per- (16) The Government of the People’s Re- tell us? We have lost millions of jobs, manent member of the United Nations Secu- public of China continues to engage in dis- rity Council and plays an important role in criminatory and unfair trade practices, in- millions of jobs. regional organizations such as the Asia-Pa- cluding the exportation of products produced This is a trade issue. Their imbalance cific Economic Cooperation Forum and the by prison labor, the use of import quotas and is almost $40 billion, a trade imbal- ASEAN Regional Forum. other quantitative restrictions on selected ance. We have lost a million jobs. It is (3) The People’s Republic of China is a nu- products, the unilateral increasing of tariff a slave labor issue. It is a persecution clear power with the largest standing army rates and the imposition of taxes as sur- of religious faith, Catholic, Protestant, in the world, and has been rapidly moderniz- charges on tariffs, the barring of the impor- Buddhist. It is all these other issues. ing and expanding its military capabilities. tation of certain items, the use of licensing They sold weapons to Iraq that were (4) The People’s Republic of China is cur- and testing requirements to limit imports, rently undergoing a change of leadership and the transshipment of textiles and other used against American men and women which will have dramatic implications for items through the falsification of country of to kill people in the gulf. the political and economic future of the Chi- origin documentation. Having said that though, I just did nese people and for China’s relations with (17) The Government of the People’s Re- not want the reports to go off that ev- the United States. public of China continues to employ the pol- erything was wonderful. Having said (5) China’s estimated $600,000,000,000 econ- icy and practice of controlling all trade that, the Bereuter resolution is a good omy has enjoyed unparalleled growth in re- unions and continues to suppress and harass resolution, and it is my prayer that we cent years. members of the independent labor union could come together and solve this (6) Despite increased economic linkages be- movement. problem. Every night I pray that tween the United States and China, bilateral (18) The United States-Hong Kong Policy relations have deteriorated significantly be- Act of 1992 states that Congress wishes to see China, in my prayers that China, will cause of fundamental policy differences over the provisions of the joint declaration imple- be free, and hopefully with the work a variety of important issues. mented, and declares that ‘‘the human rights that the gentleman from Nebraska [Mr. (7) The People’s Republic of China has vio- of the people of Hong Kong are of great im- BEREUTER] has done and coming to- lated international standards regarding the portance to the U.S. Human Rights also gether, we put pressure on, there will nonproliferation of weapons of mass destruc- serve as a basis for Hong Kong’s continued be freedom, and 10 years from now tion. prosperity,’’. This together with the rule of there will be freedom in Tiananmen (8) The Government of the People’s Repub- law and a free press are essential for a suc- Square, freedom in China, and democ- lic of China, a member of the United Nations cessful transition in 1997. Security Council, is obligated to respect and (19) The United States currently has nu- racy, and I want to again thank the uphold the United Nations Charter and Uni- merous sanctions on the People’s Republic of gentleman from Nebraska [Mr. BEREU- versal Declaration of Human Rights. China with respect to government-to-govern- TER]. I will be eternally grateful to the (9) According to the State Department ment assistance, arms sales, and other com- Speaker for his help, the gentleman Country Report on Human Rights Practices mercial transactions. H 7274 CONGRESSIONAL RECORD — HOUSE July 20, 1995 (20) It is in the interest of the United (A) the United Nations and other inter- States national interest. It would not States to foster China’s continued engage- national organizations; serve our security goals; nor would it ment in the broadest range of international (B) the World Bank and other inter- serve our human rights objectives. It fora and increased respect for human rights, national financial institutions; and would not advance our trade and eco- democratic institutions, and the rule of law (C) the World Trade Organization and in China. other international trade fora; and nomic objectives. Simply put, I empha- SEC. 3. UNITED STATES DIPLOMATIC INITIA- (3) the progress achieved with respect to size to my colleagues today that what TIVES. each of the United States objectives identi- we do here today should not aim to iso- (a) UNITED STATES OBJECTIVES.—The Con- fied in section 3(a). late or demonize China or foster the at- gress calls upon the President to undertake Such reports may be submitted in classified titude in this country that China is an intensified diplomatic initiatives to persuade and unclassified form. enemy. They are not an enemy. We the Government of the People’s Republic of SEC. 5. COMMENDATION OF DEMOCRACY MOVE- should have the objective of improving China to— MENT. the Chinese-American relationship (1) immediately and unconditionally re- The Congress commends the brave men and lease Harry Wu from detention; while, at the same time, always acting women who have expressed their concerns to in our national interest. These goals (2) adhere to prevailing international the Government of the People’s Republic of standards regarding the nonproliferation of China in the form of petitions and commends are not incompatible. weapons of mass destruction by, among the democracy movement as a whole for its Having said that however, this Mem- other things, immediately halting the export commitment to the promotion of political, ber steadfastly believes that the United of ballistic missile technology and the provi- economic, and religious freedom. States must remain engaged with sion of other weapons of mass destruction as- SEC. 6. RADIO FREE ASIA. China. This does not mean that we sistance, in violation of international stand- should ignore the many legitimate dif- ards, to Iran, Pakistan, and other countries (a) PLAN FOR RADIO FREE ASIA.—Section of concern; 309(c) of the United States International ferences between our two nations. It is (3) respect the internationally-recognized Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is entirely proper that we make weapons human rights of its citizens by, among other amended to read as follows: proliferation, human rights, and the ‘‘(c) SUBMISSION OF PLAN.—Not later than things— proper treatment of U.S. nationals, (A) permitting freedom of speech, freedom 30 days after the date of enactment of the China Policy Act of 1995, the Director of the such as Harry Wu, our foreign policy of press, freedom of assembly, freedom of as- objectives of the highest order. H.R. sociation, and freedom of religion; United States Information Agency shall submit to the Congress a detailed plan for the 2058, the China Policy Act of 1995, does (B) ending arbitrary detention, torture, precisely that. It fills a crucial gap by forced labor, and other mistreatment of pris- establishment and operation of Radio Free oners; Asia in accordance with this section. Such setting forth both clear policy objec- (C) releasing all political prisoners, and plan shall include the following: tives for the United States-China rela- dismantling the Chinese system of jailing ‘‘(1) A description of the manner in which tionship and appropriate directions to political prisoners (the gulag) and the Chi- Radio Free Asia would meet the funding lim- the executive branch. nese forced labor system (the Laogai); itations provided in subsection (d)(4). Mr. Speaker, this Member has care- (D) ending coercive birth control practices; ‘‘(2) A description of the numbers and fully and painstakingly worked to and qualifications of employees it proposes to hire. draft legislation that accurately and (E) respecting the legitimate rights of the comprehensively describes the House of people of Tibet, ethnic minorities, and end- ‘‘(3) How it proposes to meet the technical ing the crackdown on religious practices; requirements for carrying out its respon- Representatives’ objectives and our (4) curtail excessive modernization and ex- sibilities under this section.’’. concerns with regard to the Govern- pansion of China’s military capabilities, and (b) INITIATION OF BROADCASTING TO CHINA.— ment of the People’s Republic of China. adopt defense transparency measures that Not later than 90 days after the date of en- With significant contributions from will reassure China’s neighbors; actment of this Act, Radio Free Asia shall the gentleman from Virginia [Mr. commence broadcasting to China. Such (5) end provocative military actions in the WOLF], the gentlewoman from Califor- South China Sea and elsewhere that threat- broadcasting may be undertaken initially by means of contracts with or grants to existing nia [Ms. PELOSI], and with the support en China’s neighbors, and work with them to of the House leadership as well as bi- resolve disputes in a peaceful manner; broadcasting organizations and facilities. partisan staff assistance from the (6) adhere to a rules-based international The SPEAKER pro tempore. Pursu- House International Relations Com- trade regime in which existing trade agree- ant to House Resolution 193, the gen- mittee, we have crafted bipartisan leg- ments are fully implemented and enforced, tleman from Nebraska [Mr. BEREUTER] islation that nearly every Member, in and equivalent and reciprocal market access and the gentleman from Indiana [Mr. is provided for United States goods and serv- good conscience, can support. ices in China; HAMILTON] will each be recognized for The China Policy Act of 1995 con- (7) comply with the prohibition on all 45 minutes. cisely states the United States’ foreign forced labor exports to the United States; The Chair recognizes the gentleman policy grievances with the People’s Re- and from Nebraska [Mr. BEREUTER]. public of China. This legislation very (8) reduce tensions with Taiwan by means Mr. BEREUTER. Mr. Speaker, I yield specifically calls upon the President of of dialogue and other confidence building myself 71⁄2 minutes. the United States to undertake the fol- measures. (Mr. BEREUTER asked and was lowing diplomatic initiatives, to report (b) VENUES FOR DIPLOMATIC INITIATIVES.— given permission to revise and extend The diplomatic initiatives taken in accord- on their progress, and to use every ance with subsection (a) should include ac- his remarks.) Mr. BEREUTER. Mr. Speaker, my available diplomatic means to cause tions by the United States— China to accomplish the following re- (1) in the conduct of bilateral relations colleagues, make no mistake about it. United States relations with the Peo- forms: with China; First, permit freedom of assembly, (2) in the United Nations and other inter- ple’s Republic of China have deterio- freedom of association, freedom of national organizations; rated to a very troubled level. Cur- press, and freedom of religion. (3) in the World Bank and other inter- rently, United States-China relations national financial institutions; Second, end arbitrary detention, tor- are cool and formal, and are dominated ture, forced labor, and other mistreat- (4) in the World Trade Organization and by a series of disputes. In this environ- other international trade fora; and ment of prisoner. (5) in the conduct of bilateral relations ment, animosities and grievances—on Third, release all political prisoners, with other countries in order to encourage both sides—could boil over and cause including Harry Wu, and dismantle the them to support and join with the United an irreparable breach. Indeed, a new Chinese gulag and forced labor system. States in taking the foregoing actions. cold war, this time with the PRC, is Fourth, end coercive birth control SEC. 4. REPORTING REQUIREMENTS. not entirely impossible—but it is practices. The President shall report to the Congress avoidable. We must all approach this Fifth, respect the legitimate rights of within 30 days after the date of enactment of debate today with a deep sense of grav- ethnic minorities and the people of this Act, and no less frequently than every 6 ity and care regarding the long-term months thereafter, on— Tibet. (1) the actions taken by the United States importance and fragility of Sino-Amer- Sixth, curtail excessive moderniza- in accordance with section 3 during the pre- ican relations. tion and expansion of China’s military ceding 6-month period; Clearly, Mr. Speaker, a further, un- capabilities. (2) the actions taken with respect to China necessary deterioration in Chinese- Seventh, halt provocative military during the preceding 6-month period by— American relations is not in the United actions in the South China Sea. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7275 Eighth, implement, and enforce lowing economic liberalization has general desire to embrace our free- international trade agreements. been the norm rather than the excep- doms. Ninth, comply with prohibitions on tion. Mr. Speaker, I urge my colleagues to all forced labor exports to the United Second, we support the development speak out forthrightly about our con- States. of a Chinese Government that can pro- cerns, but to do it in a fashion that will Tenth, reduce tensions with Taiwan. tect the civil and political rights of its ultimately bring us closer to the de- Finally, this legislation commends own people with stable and accountable sired goals of freedom and human the petition and democracy movement institutions. rights for all people, and a growing rap- in China of brave men and women who Fragmentation or chaos of the Chi- port and trust between our two govern- are committed to the promotion of po- nese Government is neither in the in- ments. It must be clear that we speak litical, economic, and religious free- terest of the United States or the peo- with deep and serious conviction, but dom. And, it also attempts to assist ple of China. Human rights abuses with friendship and constructive ends. them and all Chinese in their endeav- occur in China not only because of I urge adoption of H.R. 2058, the ors by requiring the speedy implemen- failed official policies of the Chinese China Policy Act of 1995, and yield tation of the already authorized Radio government but also because of the back the balance of my time. Free Asia initiative. corruption and lack of respect for the b 1145 Mr. Speaker, this legislation is both rule of law. Stable institutions which an alternative to a damaging MFN de- abide by the rule of law are essential to Mr. Speaker, I reserve the balance of nial for China and also a positive state- provide the proper protection that the my time. Mr. HAMILTON. Mr. Speaker, I yield ment of congressional concerns. It is Chinese people necessarily demand and 3 minutes to the gentleman from Flor- the beginning, hopefully, of a process should enjoy. of formulating a clearer and more com- ida [Mr. GIBBONS], the distinguished Third, we respect a China that can prehensive policy toward China. Since ranking member of the Committee on defend itself, but we must demand a we don’t have a clear statement of pol- Ways and Means. China that adheres to its international icy emanating from the executive Mr. GIBBONS. Mr. Speaker, I thank commitments to coexist peacefully, re- branch, we will begin the U.S. effort the gentleman for yielding time to me. spect international legal norms, and here today. Mr. Speaker, I rise here to support Of course, this legislation and the refrain from aggressive military ac- the Bereuter proposal. I think it is a tion. criticisms of China that it outlines, sound, constructive proposal. I want to will not be welcomed by Beijing’s lead- As chairman of the Asia and Pacific commend the gentleman from Ne- ers, but it will give hope to millions of Subcommittee of the House Inter- braska [Mr. BEREUTER] and every Mem- Chinese who suffer from a denial of national Relations Committee, this ber, Democrat and Republican, who co- fundamental rights. Moreover, it states Member would note that cooperation operated in putting together this sound U.S. concerns forthrightly. Unlike a with China has been an important key piece of public policy. denial of normal trade status, which is to preventing an explosive, perhaps nu- I love the stem winding, desk thump- really what MFN treatment entails, clear, confrontation with North Korea. ing speeches that some of our col- this legislation is not as likely to fuel And while we have very grave concerns leagues give, but when you ask your- the recent downward cycle of action about a number of China’s transactions self what is the solution, the solution and reaction that has gravely endan- with countries like Iran and Pakistan, really is the Bereuter proposal. We gered U.S. interests. it is important to note that we have have a terrible condition in China, but Mr. Speaker, China is in the midst of been actively engaged with the PRC on let me let you in on a secret. It has a prolonged succession struggle. This proliferation issues. We have succeeded been that way for 6,000 years. power struggle has enormous implica- in preventing a number of dangerous When I first went to China shortly tions for China’s future and its rela- sales, and we continue to press on before we began any kind of relation- tions with the United States, and for other matters of concerns. I would tell ship with them at all over a 40-year pe- global security and the world economy. my colleagues—no, I warn my col- riod, they were just finishing the cul- Since the triumph of the Communists leagues—that if we disengage from tural revolution, in which millions of in 1949 China had been dominated by China, we will have absolutely no influ- Chinese had been displaced and rooted two leaders, Mao Tse-tung and Dung ence over what China exports, or to out of their families and their homes Xiaoping. What leader or what collec- whom. and transported around the country tive leadership will next succeed to In closing, Mr. Speaker, I urge my and hundreds of thousands of Chinese that mantle of power in the PRC? What colleagues to pause for a moment to had been slaughtered. Fortunately, no will be their ideology, values, and poli- consider the importance of our long- Americans lost their lives in there be- cies? We cannot discern or determine term interests with China. Let me re- cause we did not have an American na- that, but we can and must make sure mind everyone, in all candor, that tional in the whole country of China at that we do not give advantage to those China will be one of the two or three that time. who would take China backward eco- most important strategic relationships China has never experienced the nomically or make it more aggressive this Nation will have in the coming types of freedoms that we in the West- and assertive internationally. decades. China will be one of the two or ern world have developed so tortur- By extending normal trade status three most important countries in the ously over so many thousands of years. while simultaneously stating and act- world early in the next century. Quite They have never had religious freedom ing upon our serious concerns with the simply, China is too big, and too dy- or freedom of speech. They have never practices and policies of the People’s namic, and too strategically important had the freedom of assembly or any of Republic of China we are making sev- to ignore or push to an enemy status. the freedoms we cherish. They need eral very important points. I raise this point not to alarm this them, they want them, and they will First, we want to see a prosperous body, for we should never be intimi- eventually get them, but we have to Chinese people. dated from promoting human rights lead the way, and we should never go The American system of free enter- and market economies. At the same to the same disastrous type of program prise is the envy of the world, includ- time, however, we must focus on build- that we carried out for about 40 years ing China. In fact, many dissidents in ing a positive relationship with the in which we threw ourselves out of China support extension of most fa- Chinese people and their Government. China and isolated ourselves from vored nation or normal trade status to We must not let our very real and sub- China. China because they know that eco- stantial current problems with the Our trade situation with China is not nomic freedom often precedes other PRC damage the fundamentally friend- good, but it is better than the terrible freedoms as well. In Taiwan, for exam- ly attitude of the Chinese people to- situation that we had in the past. It is ple many people will soon vote for a ward the United States. The people of going to improve. I love all this discus- President for the first time. In other China are favorably predisposed toward sion about slave labor, and I hope some Asian countries, political freedoms fol- the United States, and they share a of the people are listening to this. I do H 7276 CONGRESSIONAL RECORD — HOUSE July 20, 1995 not know of any State in the United from Nebraska [Mr. BEREUTER] and the Mr. BEREUTER. Mr. Speaker, it is States that does not have slave labor. gentleman from Indiana [Mr. HAMIL- my pleasure to yield 3 minutes to the All of us in our States produce goods TON], the two cosponsors of this legisla- gentleman from New York [Mr. GIL- that are sold in commerce that we tion, and certainly to the gentleman MAN], the distinguished chairman of Americans consume that were made by from Virginia [Mr. WOLF] and the gen- the Committee on International Rela- slave labor in our own prisons. It has tlewoman from California [Ms. PELOSI], tions. been against the law so long as I can who actually worked very closely with (Mr. GILMAN asked and was given remember to import any of those kinds both cosponsors to put together this permission to revise and extend his re- of goods in the United States. legislation in a way I believe that all of marks.) So we have tried to keep them out. I us will be able to support; second, what am sorry some of them slip in, but it is Mr. GILMAN. Mr. Speaker, I thank I believe is important, to send a signal the gentleman for yielding time to me. against the law and anybody that is to the Chinese that is unified that convicted of importing those kinds of truly represents the true feelings of Mr. Speaker, I want to thank the goods is going to be penalized. We are this Nation. So I would like to thank chairman and ranking minority mem- doing our best to penalize Americans them for making this debate very com- ber of Asia and Pacific Subcommittee, for knowingly doing that kind of thing. fortable for all of us in this House of Mr. BEREUTER and Mr. BERMAN, for But I doubt that there is a Member of 435 Members. bringing this important compromise Congress here that has not slept on a I would have to say, and I believe I resolution before us today. And I want bed or sat at a desk or used a filing will just reiterate what the gentleman to commend my colleague from Vir- cabinet that was not made by prison from Nebraska [Mr. BEREUTER] has ginia, Mr. WOLF, and the gentlelady labor in the United States. said, that the United States-China re- from California, Ms. PELOSI, for their Mr. Speaker, I am sorry that my lationship will probably be the most hard work and participation in this time is up, but support the Bereuter important relationship that the United issue. Their struggle on behalf of amendment. It is a good, constructive States will have for the next 20 years. human rights in China is exemplary. proposal. That is whether China is viewed by this It has been 6 years since the Mr. BEREUTER. Mr. Speaker, I yield country as our enemy, or whether this Tiananmen Square Massacre and a full 1 minute to the gentleman from Ari- country views China as an ally, or per- 10 years since his holiness, the Dalai zona, Mr. MATT SALMON, a new member haps something in between. Lama, visited the Congress and told us of the Committee on International Re- China has 22 percent of the world about the repression in Tibet. During lations, who not only has lived in population, 1.2 billion people. Their this time period, whenever the Con- China for a substantial period of time, economic growth rate is over 10 per- gress attempted to bring about a but speaks Chinese. change in Beijing’s egregious behavior Mr. SALMON. Mr. Speaker, I am cent per year, and probably will grow proud to be a cosponsor of H.R. 2058. I much greater than that. Lloyd Bent- we were admonished, in so many words, believe it is a big bold step in the right sen, before he left as Secretary of the by State Department experts that direction. I am really pleased that the Treasury, said that for the next 15 ‘‘now is not the time. There is a political transition period underway in gentleman from Nebraska [Mr. BEREU- years China will be building an equiva- China and if we took any substantive TER] has taken this initiative. lent to 18 Santa Monica freeways per Mr. Speaker, I would also like to talk day, and that means the Japanese, the action we would be strengthening the a little bit about my experience. I Europeans, and all other countries are hand of the hardliners in Beijing.’’ served a mission for my church in Tai- moving into China now, trying to influ- And so for the last decade whenever wan from 1977 to 1979. Most of the peo- ence China’s behavior. the Congress attempted to respond to ple that I became friends with over I have to say one of the experts that China’s use of slave labor, oppression of there were people that lived in main- spoke on the rule perhaps has a little religious and political speech and land China and escaped the oppression amnesia. President Clinton is basically thought, international property rights of China under Mao Tse-tung. At that following the policies of the Ford, violations, unfair trade practices, arms time they watched their families, Reagan, Bush, Carter, Nixon years in proliferation, repression in occupied many of them being killed, murdered terms of our relations with the Chi- Tibet, threatening military exercises before their very eyes. Many of them nese. That is because they all under- off the coast of Taiwan, a massive mili- watched their parents be severely pun- stood the permanence and importance tary buildup, the recent aggressive ac- ished, sometimes beaten, sometimes of our relations with that country. tions in the South China Sea and its even killed, for praying in public. Now, there is no question that what obstruction to Taiwan’s attempt to As China engaged the Western world, the Chinese have been doing over the enter the United Nations, we were told I was heartened, I was encouraged, by past decade, now coming to light, is to back off. something that we all in this country her desire to become more open politi- Accordingly, I wonder when the abhor, and certainly we understand cally, economically and socially. But State Department will recognize that that there were certain universal prin- as with many Americans, much of that its China policy is fundamentally ciples that all major great nations optimism was extinguished by flawed? It is currently a failure on must comply with. But the way to real- Tiananmen Square, and part of me died trade. It is a failure on human rights. ly do it is not to isolate the Chinese, that day. Since that day China has And it is a failure on arms prolifera- but to engage the Chinese. steadily marched backward, stifling tion. freedom, flouting human rights, and That is what basically the Bereuter We all understand the necessity of demonstrating disregard. resolution does. It tells the Chinese constructively engaging China. But it I do support doing business with that there are certain behaviors that is all too painfully obvious from the re- China. I think it is a step in the right we do not accept, but at the same time sults that we are failing in our goals of direction, but we need to make sure it attempts to normalize our relations encouraging pluralism, of respect for they understand we will be watching with the Chinese. That is why this res- human rights, for trade, for regional and the people that do business over olution, this bill, is so important for security and for recognition of the there need to not be accepting, but step us, because ultimately it is the heirs of wishes of the people of Taiwan. forward and do the right thing. all of us in this room, the heirs of all Mr. HAMILTON. Mr. Speaker, I yield of us in this country, that will benefit While I support the State Depart- 3 minutes to the distinguished gen- in terms of peace and understanding ment’s efforts to constructively engage tleman from California [Mr. MATSUI], among nations and people of these na- China, we have yet to see positive re- who has been one of the prime movers tions, if in fact we can find some way sults from the process. The State De- on this matter of China. with the United States, China, and partment must find a way to overcome Mr. MATSUI. Mr. Speaker, I thank other countries, to begin the normal- the debilitating flaw in its China pol- the gentleman for yielding time to me. ization process with this Nation. icy that sweeps aside responsive action Mr. Speaker, first of all, I would like Mr. Speaker, I urge support of this with broad brush stroke generaliza- to congratulate both the gentleman bill. tions about transition periods. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7277 Until the State Department does But it’s not enough for this Nation have her six-month-old unborn child that, the Congress must step in and re- simply to stand up for human rights destroyed. When she was able to regain spond to the many seriously unaccept- when our own people are threatened. her composure during the hearing, able actions taken by the Communist For 200 years, we have been the bea- later in the hearing, she told us that Government in Beijing. Accordingly I con for democracy around the world. she as bleeding so profusely that the urge my colleagues to support the Be- If we don’t stand up for the rights of Chinese officials were unable to invol- reuter resolution. It is a balanced, good the Chinese people, if we don’t stand up untarily sterilize her. But 5 months first step toward building a more pro- to the butchers of Beijing then nobody later they were back at her door phys- ductive China policy. It sets forth some else will. ically dragging her to be forcibly steri- significant goal posts in our relation- This isn’t just in our moral interests. lized. ship with the People’s Republic of This is in our economic interest as These women, their tears that they China. well. shed yesterday at the hearing and their Today, China is running a $30 billion profound suffering is the reality of tens b 1200 trade surplus with the United States. of millions of women in the People’s Mr. HAMILTON. Mr. Speaker, I yield A good part of the reason is that Republic of China, in that terrible dic- 3 minutes to the distinguished gen- China pays its people about 17 cents an tatorship. tleman from Michigan [Mr. BONIOR], hour. I have led two human rights missions the minority whip. They export products to America to China, Mr. Speaker. Religious re- Mr. BONIOR. Mr. Speaker, I thank made with prison labor. pression has intensified since the Clin- the gentleman for yielding time to me. By extending most-favored-nation ton administration delinked MFN from I want to commend, first of all, the status to China, we are taking jobs human rights. Oppression of political gentlewoman from California [Ms. away from our own people. dissidents has gotten worse. For every PELOSI], the gentleman from Virginia Mr. Speaker, we shouldn’t be afraid prominent dissident they have re- [Mr. WOLF], the gentleman from Ne- to use trade to promote democracy and leased, usually on the eve of some im- braska [Mr. BEREUTER], the gentleman human rights. portant decision in the United States, from California [Mr. BERMAN], the gen- MFN isn’t a gift to be awarded. It’s a they have taken many, many others tleman from Indiana [Mr. HAMILTON], privilege that must be earned. and many of those that we do not know the gentleman from California [Mr. China has not earned the right to re- about. And now they have taken a U.S. MATSUI], the gentleman from New ceive special treatment from the Unit- citizen, Harry Wu. York [Mr. GILMAN], and the gentleman ed States. Not only do these human rights prob- from New Jersey [Mr. SMITH], and all I urge my colleagues: Support the Be- lems get worse every single month that the Members who worked so very hard reuter resolution. we continue to truckle to China, but on this issue. And let the world know that America they keep discovering new horrors. The Mr. Speaker, this debate today really stands for democracy and human PRC dictatorship times the executions, comes down to one very simple ques- rights. for example, of prisoners for the con- tion: What does America stand for as a Mr. BEREUTER. Mr. Speaker, I yield venience of rich foreigners who pay for nation? 3 minutes to the gentleman from New the harvest of the prisoners’ organs. Do we stand for democracy? Jersey [Mr. SMITH], a member of the Now we learn that states who sup- Do we stand for human rights? Committee on International Relations. ported abortion clinics sell human em- Are those the values this Nation Mr. SMITH of New Jersey. Mr. bryos, and there are even some credible holds dear? Speaker, yesterday the Subcommittee reports that late-term unborn children Or do we just stand up for those on International Operations and things when they’re convenient? are actually being consumed as a new Human Rights, which I chair, finally health food. Mr. Speaker, ideas have Mr. Speaker, we all know that China got the opportunity to hear the real- is a nation that tortures, abuses, and consequences, and the central organiz- life stories in open hearing from some ing idea behind the PRC dictatorship is imprisons its own people. of the Chinese women who have had A nation where freedom of speech the utter devaluation of the individual their baby killed by forced abortion in and freedom of religion do not exist. human being. They have consequences. the People’s Republic of China. A nation where people who speak out Mr. Speaker, let me conclude. There After having had to take the extraor- against the Government disappear is no moral or practical difference be- dinary step of issuing subpoenas to without a trace. tween trading with the PRC dictator- bring these women out of U.S. prisons And by extending most-favored-na- ship and trading with the Nazis. where they have been held for 2 years tion status to China, by giving them Mr. Speaker, I include for the by the Clinton administration, which is special treatment, we put our stamp of RECORD the following information: trying to deport these women back to approval on all of it. JULY 18, 1995. their tormentors, yesterday we heard Mr. Speaker, I don’t think America [Primary Sources: The Pueblo Institute, Am- should be in the business of licensing these women describe the horror, the nesty International, The Cardinal Kung torture. humiliation, the suffering, the pain and Foundation] But if we as a nation can’t speak out the loss of being subjected to both ROMAN CATHOLICS IMPRISONED AND DETAINED against a Communist country that ar- forced abortion and forced steriliza- IN CHINA rests and imprisons our own citizens, if tion. 1. Father Fan Da-Duo. A priest of Beijing we can’t use our leverage to bring Even though these and many other Diocese. Reportedly under house arrest and Harry Wu home, then we really have women like them have been found to be unable to administer sacraments. lost our way as a nation. completely credible by the INS, these 2. Father Guo Qiushan: A priest of Fu’an, victims are poised to be forced back to Fujian province. Arrested July 27, 1990. Re- Harry Wu’s only crime is that he told leased in August 1991 for health reasons. Cur- the truth about what’s happening in their oppressors in China because the Clinton administration reversed a very rently under house arrest. China today. 3. Father Guo Shichum: A priest of Fu’an, He had the courage to tell the world human policy of the Bush administra- Fujian province. Arrested July 27, 1990. Re- about the torture and prison labor. tion, by providing asylum to women leased in August 1991 for health reasons. Cur- He had the courage to stand up for who have had a forced abortion or have rently under house arrest. democracy and human rights. a well-founded fear of force abortion or 4. Bishop John Yang Shudao: Bishop of And for that, he got arrested. forced sterilization. Fuzhou, Fujian province. Arrested February Now he’s looking to us to speak out Bill Clinton, Mr. Speaker, has turned 28, 1988. Transferred to house detention in for him. his back on these victims, and he is February 1991. Restricted to home village trying to force them back. Hu Shu Ye and under close policy surveillance. It’s time we stand up for him. 5. Bishop Mathias Lu Zhensheng: Age: 76. By passing the Bereuter resolution broke down in tears yesterday as she Bishop of Tianshui, Gansu province. Arrested today, we will send a crystal clear mes- described the pain and suffering of late December 1989. Released about April 26, sage to the dictators in Beijing: Let being dragged by the family planning 1990 for reasons of health. Restricted to Harry Wu go. cadres in China to the abortion mill to home village. H 7278 CONGRESSIONAL RECORD — HOUSE July 20, 1995 6. Bishop Casimir Wang Milu: Age: 55. Bish- 27. Father Xiao Shixiang: Age: 58. A priest stricted. One report states he is under house op of Tianshui diocese, Gansu province. Ar- of Yixian diocese, Hebei province. Arrested arrest. rested April 1984. Released April 14, 1993. Ac- December 12, 1991. Reportedly released but 47. Father Su De-Qien: A priest of Tianjin tivity is strictly monitored and restricted. activities are restricted and monitored. diocese. Must report to Public Security once 7. Father John Baptist Wang Ruohan: A 28. Father Yan Chong-Zhao: A priest of a month. Unable to administer the sacra- priest from Tianshui diocese, Gansu prov- Handan diocese, Hebei province. Arrested ments since December 1993. ince. Arrested June 16, 1994. Currently de- September 1993. Currently held in detention 48. Father Gu Zheng: Age: 50. Arrested Oc- tained in Tianshui jail. center in Guangping county, Hebei province. tober 6, 1994. Released late November 1994 8. Father John Wang Ruownag: A priest 29. Father Zhou Zhenkun: A priest of but remains under strict police surveillance. from Tianshui diocese, Gansu province. Dis- Dongdazhao village, Boading, Hebei prov- 49. Deacon Dong Linzhong: Deacon of appeared December 8, 1991. Resurfaced after ince. Arrested December 21, 1992. Reportedly Dongdazhao Village, Baoding, Hebei prov- a period of detention but movement and ac- released but activities are restricted and ince. Arrested December 21, 1992. Reportedly tivity are closely monitored and severely re- monitored. released but activities are restricted and stricted. 30. Bishop Guo Wenzhi: Age: 77. Bishop of monitored. 9. Father An Shi’an: Age: 81. A priest of Harbin, Heilongjiang province. Reportedly 50. Deacon Wang Tongshang: Deacon of Daming diocese, Hebei province. Arrested released but activities are restricted and Baoding diocese, Hebei province. Arrested late December 1990. Released December 21, monitored. December 23, 1990. Sentenced to three years 1992. Current whereabouts unknown. Be- 31. Father Joseph Jin Dechen: Age: 72. A of ‘‘reeducation through labor.’’ Reportedly lieved to be under restrictions of movement. priest of Nanyang diocese, henan province. released but activities are restricted and 10. Father Chen Yingkui: A priest of Yixian Arrested December 18, 1981. Sentenced to 15 monitored. diocese, Hebei province. Arrested in 1991. years in prison and five years deprivation of 51. Sister Wang Yuqin: Age: 23. Arrested Sentenced to three years’ of ‘‘reeducation rights. Paroled May 21, 1992 but confined to April 25, 1995. Although most of the 30–40 through labor.’’ Reported to be released. his home village of Jinjiajiang where he re- people arrested with her have been released, 11. Father Chi Huitain: Arrested April 17, mains under restrictions of movement and she remains in detention. Also fined 900 Chi- 1995. Currently being held at an unknown lo- assocation. nese Yen, the equivalent of 3 months income. cation. 32. Father Li Hongye (or Hongyou): Age: 76. 52. Wang (or Wong) Ruiying: Arrested June 12. Father Peter Cui Xingang: Age: 30. A Bishop from Luoyang, Henan province. Ar- 1994. Currently being held in a detention cen- priest of Donglu village, Qingyuan count, rested July 7, 1994. Conflicting reports make ter in Cheng An Xian, Hebei province. Hebei province. Arrested July 28, 1991. Re- his current status unknown. Diagnosed with 53. Zhang Guoyan: Age: 45. Sentenced in portedly released but activities are re- stomach cancer. 1991 to three years’ ‘‘reeducation through stricted and monitored. 33. Bishop John Baptist Liang Xishing: labor.’’ Reportedly released in March 1993. 13. Father Gao Fangzhan: Age: 27. A priest Age: 72. Bishop of Kaifeng diocese, Henan 54. Cui Maozai: Age: 42. Arrested April 26, of Yizian diocese, Hebei province. Arrested province. Disappeared and presumed 1995. Released but activities are restricted May 1991. Currently being held without trial. rearrested March 18, 1994. Reportedly re- and monitored. Reportedly released but activities are released but activities are restricted and mon- 55. Gao Jianxiou: Age: 46. Arrested April 26, stricted and monitored. itored. 1995. Released but activities are restricted 14. Father Peter Hu Duoer: Age: 32. Ar- 34. Father Zhu Bayou: A priest of Nanyang and monitored. rested December 14, 1990. Severely tortured diocese, province. Released on parole but re- 56. Gao Shuyun: Age: 45. Arrested April during his detention. Reportedly released stricted to the village of Jingang, Henan. 1995. Currently held at Chongren Sein deten- but activities are restricted and monitored. 35. Father Jiang Liren: Age: 80. Bishop of tion center. Reportedly beaten so severely 15. Father Li Jian Jin: Age: 28. A priest of Hohht, Inner Mongolia. Arrested December that she cannot feed herself. Released but ac- Han Dan, Hebei Province. Arrested March 4, 1989. Transferred to house arrest in April tivities are restricted and monitored. 1994. Currently being held in Ma Pu Cun de- 1990. 57. Huang Guanghua: Age: 43. Arrested tention center. 36. Bishop Mark Yuan Wenzai: Age: 69. April 1995. Reportedly released but activities 16. Father Li Zhongpei: Arrested December Bishop of Nantong, Jiangsu province. Cur- are restricted and monitored. 1990. Sentenced to three years’ ‘‘reeducation rently under the custody of the local Patri- 58. Huang Meiyu: Age 40. Arrested April through labor.’’ Although Chinese authori- otic Church bishop and forced to live at the 1995. Reportedly released but activities are ties have reportedly released him, he has not church in Longshan. restricted and monitored. been seen since his release. 59. Lu Huiying: Age 51. Arrested April 1995. 37. Father Liao Haiqing: Age: 64. A priest 17. Father Liu Heping: Age: 28. Arrested Reportedly released but activities are re- of Fuzhou, Jiangxi province. Arrested Au- December 13, 1991. Reportedly transferred to stricted and monitored. gust 11, 1994. Released in mid-November. Cur- house arrest; actions restricted and mon- 60. Pan Kunming: Age 30. Arrested April rently under police surveillance. itored. 1995. Sentenced to five years in prison. 38. Father Xia Shao-Wu: Arrested Decem- 18. Father Liu Jin Zhong: A priest of 61. Rao Yanping: Age 18. Arrested April ber 30, 1994. Currently held by Public Secu- Yixian, Hebei province. Arrested February 1995. Sentenced to four years in prison. 24, 1994. Reportedly released but activities rity Bureau officials Hebei. 62. Wu Jiehong: Age 46. Arrested April 1995. are restricted and monitored. 39. Bishop Zeng Jingmu: Arrested Septem- Released but activities are restricted and 19. Father Lu Dong Liang: A priest of Feng ber 17, 1994. Reportedly released but activi- monitored. Shi, Dong Ging Liu, Hebei province. Report- ties are restricted and monitored. 63. Wu Yinghua: Age 30. Arrested April edly released but activities are restricted 40. Father Li Zhi-Xin: A priest in the city 1995. Released but activities are restricted and monitored. of Xining, Qinghai province. Arrested March and monitored. 20. Father Lu Gen-You: Arrested in 1994. 29, 1994. Reportedly released but activities 64. You Xianyu: Age 42. Arrested April 1995. Reportedly released but activities are re- are restricted and monitored. Released but activities are restricted and stricted and monitored. 41. Father Vincent Qin Guoliang: Age: 60. A monitored. 21. Father Ma Zhiyuan: Age: 28. Arrested priest in the city of Xining, Qinghai prov- 65. Yu ChuiShen: Age 50. Arrested April 26, December 13, 1991. Reportedly released but ince. Arrested November 3, 1994. Sentenced 1995. Sentenced to three years in prison. activities are restricted and monitored. to two years’ ‘‘reeducation through labor.’’ 66. Zeng Yinzai: Age 60. Arrested April 26, 22. Father Pei Guojun: A priest of Yixian Currently detained at Duoba labor camp. 1995. Released but activities are restricted diocese, Hebei province. Arrested between 42. Bishop Fan Yufel: Age: 60. Bishop and monitored. mid-December 1989 and mid-January 1990. Zhouzhi, Shaanxi province. Arrested in 67. Zeng Zhong-Liang: Arrested December Reportedly released but activities are re- spring 1992. Transferred to house arrest in 30, 1994. Released but activities are restricted stricted and monitored. September 1992. and monitored. 23. Father Pei Xhenping: A priest of 43. Bishop Lucas Li Jingfeng: Age: 68. Bish- 68. Zhang Wenlin: Age 60. Arrested April Youtong village, Hebei province. Arrested op of Fengxiang, Shaanxi province. Placed 1995. Released but activities are restricted October 21, 1989. Reportedly released but ac- under house arrest April 1992. Reportedly re- and monitored. tivities are restricted and monitored. leased but activities are restricted and mon- 69. Zhu Changshun: Age 40. Arrested April 24. Father Shi Wande: A priest of Baoding itored. 26, 1995. Released but activities are restricted diocese, Hebei province. Arrested December 44. Bishop Huo Guoyang: Bishop of and monitored. 9, 1989. Reportedly released but activities are Chongqing, Sichuan province. Arrested early 70. Zhu Lianrong: Age 49. Arrested April restricted and monitored. January 1990. Reportedly released in early 1995. Released but activities are restricted 25. Father Sun Hua Ping: Arrested June 30, 1991 and currently under police surveillance and monitored. 1994. Currently held in a detention center of in Chongqing City, Sichuan. 71. Wang Dao-Xian: Arrested April 21, 1994. Lin Ming Guan, Shi Zhuang Cun, Yong Nian 45. Bishop Li Side: Bishop of Tianjin dio- Released but activities are restricted and Xian, Hebei province. cese. Arrested May 25, 1992. Exiled in July monitored. 26. Father Wang Jiansheng: Age: 40 Ar- 1992 to a rural parish of Liang Zhuang, Ji 72. Xu Funian: Age 51. Arrested at the end rested May 19, 1991 and sentenced to three country and is forbidden to leave. Currently of 1994 and sentenced to two years’ ‘‘reeduca- years’ ‘‘reeducation through labor.’’ Report- held under house arrest. tion through labor.’’ edly released but activities are restricted 46. Bishop Shi Hongzhen: Auxiliary bishop 73. Zhang Yousheng: Arrested in December and monitored. of Tianjin diocese. Activities severely re- 1990 or early 1991. Sentenced to three years’ July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7279 imprisonment. Chinese authorities reported 29. Dekyi Nyima: A nun of Gura mon- 55. Gyaltsen Nyinyi: Age: 24. A nun of Garu his release in June 1993. Activities are re- astery. Arrested May 25, 1994. monastery. Arrested between June 5 and 22, stricted and monitored. 30. Delo: Age: 23. A monk of Ganden mon- 1992. Sentenced to 4 years in prison. Cur- 74. Yu Qi Xiang: Age 19. Arrested April 26, astery. Arrested May, 1992. Current held in rently held in Drapchi prison. 1995. Sentenced to two years in prison. Gutsa prison. 56. Gyaltsen Pema: Age: 17. A nun of Garu JULY 3, 1995. 31. Dhundup Gyalpo: Age: 17. monk. Ar- monastery. Arrested June 9, 1991. Currently [Primary Sources: Amnesty International, rested June 26, 1993. Sentenced to 3 years in held in Gutsa monastery. International Campaign for Tibet] prison. Currently held in Sangyyip prison. 57. Gyaltsen Sangmo: Age: 24. A nun of 32. Dondrup Gyatso: Age: 20. A monk of Garu monastery. Arrested June 14, 1993. Sen- BUDDHIST MONKS AND NUNS IMPRISONED AND Dranang monestry. Arrested June 6, 1993. tenced to 2-3 years in prison. Currently held DETAINED IN TIBET Sentenced to 3 years in prison. Currently in Drapchi prison. 1. Apho: Age: 36. A monk of Bu Gon mon- held in Drapchi prison. 58. Gyaltsen Sherab: Age: 25. A nun of astery. Arrested January 13, 1994. Currently 33. Dondrup: A monk of Rabkung Chubsang monastery. Arrested between May held in Chamdo prison. monestry. Arrested September 30, 1990. 10 and 16, 1992. Sentenced to 5 years in pris- 2. Bakdo: A monk of Ganden monastery. 34. Dondup: Age: 17. A monk of Ganden on. Currently held in Drapchi prison. Arrested May 1992. Currently held in Gutsa monastery. Arrested May, 1992. Current held 59. Gyaltsen Sherab: Age: 19. A nun of Shar prison. in Gutsa prison. Bumpa monastery. Arrested June 14, 1994. 3. Buchung: Age 25. A monk of Sungrabling 35. Dorje: Age: 25. A monk of Ganden mon- Currently held in Gutsa prison. monastery. Arrested July 4, 1993. Sentenced astery. Arrested April 11, 1992. Sentenced to 60. Gyaltsen Tengye: Age: 21. A monk of to 4 years in prison. Currently held in 6–8 years in prison. Currently held in Ganden monastery. Arrested June 20 1994. Drapchi prison. Drapchi prison. Currently held in Gutsa prison. 4. Champa Choekyi: A nun of Shungsep 36. Dorje: Age: 15. A monk of Dunbu mon- 61. Gyaltsen Tsultrim: Age: 22. A nun of monastery. Arrested December 9, 1993. astery. Arrested May 30, 1993. Garu monastery. Arrested between May 4 5. Champa Gyatso: Age: 20. A monk of 37. Dorje Tsomo: Age: 18. A nun of and 14, 1993. Sentenced to 4-5 years in prison. Ganden monastery. Arrested March 9, 1993. Chubsang monastery. Arrested August 12, Currently being held in Drapchi prison. Currently held in Gutsa prison. 1992. 62. Gyaltsen Zoepa: Age: 20. A monk of 6. Champa Tsondrue: Age: 17. A monk of 38. Dradul: Age: 23. A monk of Dunbu mon- Ganden monastery. Arrested June 21, 1994. Ganden monastery. Arrested June 19, 1994. astery. Arrested May 30, 1993. 63. Jamchok: Age: 28. A monk of Lithang Currently held in Gutsa prison. 39. Drakpa Tsultrim: Age: 41. A monk of monastery. Arrested August 20, 1993. 7. Chigchen: Age 21. A monk of Palkhor Ganden monestry. Arrested March 7, 1988. 64. Jampa: Age: 26. A monk of Rame mon- monastery. Arrested July 3, 1992. Currently Sentenced to 8 years in prison. Currently astery. Arrested July, 1992. Currently held in held in Gyangtse jail. held in Drapchi prison. Tsethang jail. 8. Chime: Age 25. A monk Dunbu mon- 40. Dunrup Yugyal: Age: 23 A monk of 65. Jampa: Age: 30. A monk of Pomda monastery. Arrested May 30, 1993. Ganden monastery. Arrested March 3, 1993. astery. Arrested August, 1993. 9. Chime Drolkar: Age 18. A nun of Currently held in Gutsa prison. 66. Jampa Choejor: Age: 16. A monk of Shungsep monastery. Arrested October 1, 41. Gokyi: Age: 23. A nun of Garu mon- Chamdo monastery. Arrested February 8, 1990. Sentenced to 7 years in prison. Cur- astery. Arrested June 16. 1993. Sentenced to 1994. Currently being held in Shritang prison. rently held in Drapchi prison. 3–5 years in prison. Currently held in 67. Jampa Dedrol: Age: 15. A nun of 10. Chimi: A nun of Garu monastery. Ar- Drapchi prison. Michungri monastery. Arrested February 13, rested June 16, 1993. 42. Gyaltsen Choedron: Age: 25. A nun of 1993. Currently being held in Gutsa prison. 11. Choede: Age: 20. A monk of Yamure Garu monastery. Arrested August 21, 1990. 68. Jampa Drolkar: Age: 21. A nun of Nagar monastery. Arrested January 9, 1995. Sentenced to 9 years in prison. Currently 12. Choekyi Gyaltsen: Age: 24. A nun of monastery. Arrested August 17, 1993. held in Drapchi prison. 69. Jampa Gelek: Age: 18. A monk of Shar Bumpa monastery. Arrested June 14, 43. Gyaltsen Choezom: Age: 24. A nun of Ganden monastery. Arrested March 9, 1993. 1994. Currently held at Gutsa prison. 13. Choekyi Vangmo: Age: 20. A nun of Garu monastery. Arrested August 21, 1990. 70. Jampa Legshe: Age: 27. A monk of Shar Bumpa monastery. Arrested June 14, Sentenced to 9 years in prison. Currently Phenpo Naland monastery. Arrested July 3, 1994. Currently held at Gutsa prison. held in Drapchi prison. 1993. Sentenced to 4 years in prison. Cur- 14. Choekyi Tsomo: A nun of Bumthang 44. Gyaltsen Drolkar: Age: 22. A nun of rently held in Drapchi prison. monastery. Arrested March 13, 1994. Garu monastery. Arrested August 21, 1990. 71. Jampa Rangdrol: Age: 21. A monk of 15. Choenyi Drolma: A nun of Shugsep Sentenced to 12 years in prison. Currently Ganden monastery. Arrested April 11, 1992. monastery. Arrested December 9, 1993. held in Drapchi prison. Sentenced to 6 years in prison. Currently 16. Choephel: A monk arrested October 20, 45. Gyaltsen Drolma: Age 16. A nun of Garu held in Drapchi prison. 1993. monastery. Arrested June 9, 1991. Currently 72. Jampa Tashi: Age: 26. A monk at Serwa 17. Choezom: A nun of Chubsang mon- held in Gutsa prison. monastery. Arrested March 29, 1994. Sen- astery. Arrested August 12, 1992. 46. Gyaltsen Kalsang: Age 22. A nun of tenced to 12 years in prison. Currently held 18. Chung Tsering: Age: 30. A monk of Chubsang monastery. Arrested March 21, in Powo Tramo prison. Ganden monastery. Arrested May 13, 1994. 1992. Currently held in Gutsa prison. 73. Jampa Tenzin: Age: 20. A monk of 19. Dakar: Age: 20. A nun of Nagar mon- 47. Gyaltsen Kunga: Age: 23. A nun of Garu Ganden monastery. Arrested May 6, 1992. astery. Arrested August 17, 1993. monastery. Arrested June 14, 1990. Sentenced Sentenced to 4 years in prison. Currently 20. Damchoe Gyaltsen: Age: 24. A nun of to 2 years in prison. Currently held in held in Drapchi prison. Garu monastery. Arrested June 15, 1992. Sen- Drapchi prison. 74. Jampa Tenzin: Age: 22. A monk of tenced to 4 years in prison. Currently held at 48. Gyaltsen Kunsang: Age: 22. A nun of Ganden monastery. Arrested May 13, 1992. Drapchi prison. Garu monastery. Arrested June 14, 1993. Sen- Sentenced to 2 years in prison. Currently 21. Dawa: Age: 21. A monk of Ganden mon- tenced to 2 years in prison. Currently held in being held in Drapchi prison. astery. Arrested March 20, 1992. Currently Drapchi prison. 75. Jampa Tseten: Age: 22. A monk of held at Gutsa prison. 49. Gyaltsen Kunsang: Age: 25. A nun of Ganden monastery. Arrested May 6, 1992. 22. Dawa: Age: 27. A monk of Ganden mon- Garu monastery. Arrested between June 5 Sentenced to 7 years in prison. Currently astery. Arrested March 20, 1992. Currently and 22, 1992. Sentenced to 4 years in prison. being held in Drapchi prison. held at Gutsa prison. Currently held in Drapchi prison. 76. Jampel Changchub Yugyal: Age: 32. A 23. Dawa: Age: 20. A monk of Phurchok 50. Gyaltsen Lhagdron: Age: 26. A nun of monk of Drepung monastery. Arrested monastery. Arrested May 24, 1994. Garu monastery. Arrested August 21, 1990. March or April, 1989. Sentenced to 19 years in 24. Dawa Gyaltsen: Age: 17. A monk of Sentenced to 7 years in prison. Currently prison. Currently being held in Drapchi pris- Tsepag monastery. Arrested June 4, 1993. held in Drapchi prison. on. Sentenced to five years in prison. Currently 51. Gyaltsen Lhaksam: Age: 25. A nun of 77. Jampel Dorje: Age: 15. A monk of held at Drapchi prison. Garu monastery. Arrested August 21, 1990. Dunbu monastery. Arrested May 30, 1993. 25. Dawa Norbu: Age: 19. A monk of Sentenced to 7 years in prison. Currently Sentenced to 2 years, 6 months in prison. Palkhor monastery. Arrested July 3, 1992. held in Drapchi prison. 78. Jampel Gendun: Age: 31. A monk of Currently held in Gyantse jail. 52. Gyaltsen Lhazom: Age: 25. A nun of Ganden monastery. Arrested March 20, 1992. 26. Dawa Samdup: A monk of Drepung Garu monastery. Arrested June 9, 1991. Cur- Sentenced to 9 years in prison. Currently monastery. Arrested between October 16 and rently held in Gusta prison. held in Drapchi prison. 21, 1993. Currently held at Gutsa prison. 53. Gyaltsen Lodroe: Age: 17. A monk of 79. Jampel Losel: Age: 27. A monk of 27. Dawa Sonam: Age: 16. A monk of Tsepak monastery. Arrested June 4, 1993. Drepung monastery. Arrested April 27, 1989. Ganden monastery. Arrested May, 1992. Cur- Sentenced to 6 years in prison. Currently Sentenced to 10 years in prison. rently held in Gutsa prison. held in Drapchi prison. 80. Jamyang: Age: 28. A monk of Ganden 28. Dawa Tsering: Age: 22. A monk of 54. Gyaltsen Lungrig: Age: 24. A nun of monastery. Arrested March 20, 1992. Cur- Dralhaluphug monastry. Arrested September Michungri monastery. Arrested August 12, rently being held in Gutsa prison. 30, 1989. Sentenced to 8 years in prison. Cur- 1990. Sentenced to 5 years in prison. Cur- 81. Jamyang Dhondup: Age: 29: A monk of rently held in Drapchi prison. rently held in Drapchi prison. Lithang monastery. Arrested August 20, 1993. H 7280 CONGRESSIONAL RECORD — HOUSE July 20, 1995 82. Jamyang Dolma: Age: 23. A nun of Shar gust 12 and 21, 1990. Sentenced to 9 years in December 1989. Sentenced to 12 years in pris- monastery. Arrested June 15, 1994. prison. Currently being held in Drapchi prison. Currently held in Drapchi prison. 83. Jamyang Kunga: Age: 22. A monk of on. 132. Lobsang Gelek: Age: 23. A monk of Dunbu monastery. Arrested November 7, 107. Li-Ze: A monk of Dakpo monastery. Ganden monastery. Arrested May 6, 1992. 1992. Sentenced to 4 years in prison. Cur- Arrested January 1992. Currently being held Sentenced to 5 years in prison. Currently rently being held in Drapchi prison. in Medro jail. held in Drapchi prison. 84. Jigme Dorje: Age: 27. A monk of Serwa 108. Lobsang: Age: 28. A monk of Lithang 133. Lobsang Gendun: A monk of Sang-ngag monastery. Arrested March 29, 1994. Sen- monastery. Arrested August 20, 1993. monastery. Arrested December 2 or 7, 1993. tenced to 15 years in prison. Currently being 109. Lobsang: Age: 22. A monk of Dunbu 134. Lobsang Gyaltsen: Age: 22. A monk of held in Powo Tramo prison. monastery. Arrested May 30, 1993. Nechung monastery. Arrested May 19, 1993. 85. Jigme Yandron: Age: 24. A nun of 110. Lobsang Choedrak: Age: 19. A monk of 135. Lobsang Gyaltsen: Age: 22. A monk of Shungsep monastery. Arrested August 28, Sera monastery. Arrested February 23, 1992. Shelkar monastery. Arrested June 14, 1993. 1990. Sentenced to 12 years in prison. Cur- Sentenced to 5 years in prison. Currently 136. Lobsang Gyaltsen: Age: 23. A monk of rently being held in Drapchi prison. held in Drapchi prison. Nechung monastery. Arrested May 19, 1993. 86. Jigme Yangchen: Age: 23. A nun of 111. Lobsang Choedrag: Age: 18. A monk of 137. Lobsang Gyaltsen: Age: 19. A monk of Shungsep monastery. Arrested October 1, Nyemo Gyache monastery. Arrested Feb- Tsepak monastery. Arrested June 4, 1993. 1990. Sentenced to 7 years in prison. Cur- ruary 3, 1992. Sentenced to 5 years in prison. Sentenced to 6 years in prison. Currently rently held in Drapchi prison. Currently held in Drapchi prison. held in Drapchi prison. 87. Kagye: A monk of Ganden monastery. 112. Lobsang Choedrag: Age: 18. A monk of 138. Lobsang Jampa: Age: 23. A nun of Shar Arrested May, 1992. Currently held in Gutsa Dakpo monastery. Arrested March 11, 1992. Bumpa monastery. Arrested June 1994. prison. Sentenced to 5 years in prison. Currently 139. Lobsang Jampa: Age: 29. A monk of 88. Kelsang: A monk of Ganden monastery. held in Drapchi prison. Ganden monastery. Arrested March 20, 1992. Arrested May, 1992. 113. Lobsang Choedrak: Age: 22. A monk of Sentenced to 8 years in prison. Currently 89. Kelsang: Age: 16. A monk of Tsepak Drak Yerpa monastery. Arrested September held in Drapchi prison. monastery. Arrested June 3, 1993. Currently 15, 1993. 140. Lobsang Jampa: Age: 44. A monk of held in Gutsa prison. 114. Lobsang Choedron: Age: 17. A nun of Drepung monastery. Arrested July 6, 1991. 90. Kelsang Chodak: Age: 20. A monk of Michungri monastery. Arrested February 3, Currently held in Seitru prison. Drepung monastery. Arrested December 15, 1992. Currently held in Gutsa prison. 141. Lobsang Kalden: A nun of Bumthang 1990. Sentenced to 5 years in prison. Cur- 115. Lobsang Choedron: Age: 23. A nun of monastery. Arrested March 13, 1994. rently held in Drapchi prison. Michungri monastery. Arrested August 22, 142. Lobsang Khedrup: Age: 16. A monk of 91. Kelsang Dawa: Age: 21. A monk of 1990. Sentenced to 5 years in prison. Cur- Ganden monastery. Arrested March 20, 1993. Tsome monastery. Arrested May 15, 1992. rently held in Drapchi prison. Sentenced to 5 years in prison. Currently Sentenced to 3–5 years in prison. Currently 116. Lobsang Choedron: Age: 22. A nun of held in Drapchi prison. held in Drapchi prison. Michungri monastery. Arrested August 22, 143. Lobsang Legshe: Age: 21. A monk of 92. Kelsang Gyaltsen: Age: 25. A monk of 1990. Sentenced to 5 years in prison. Cur- Ganden monastery. Arrested March 20, 1992. Dingka monastery. Arrested March 17, 1991. rently held in Drapchi prison. Sentenced to 5 years in prisons. Currently Sentenced to 6 years in prison. Currently 117. Lobsang Choedron: A nun of Bumthang held in Drapchi prison. being held in Drapchi prison. monastery. Arrested March 13, 1994. 144. Lobsang Lodrup: Age: 21. A monk of 93. Kelsang Phuntsog: Age: 21. A monk of 118. Lobsang Choejor: Age: 32. A monk of Phurchok monastery. Arrested May 16, 1992. Sera monastery. Arrested August 4, 1991. Ganden monastery. Arrested March 7, 1988. Sentenced to 7 years in prison. Currently Currently held in Gutsa prison. Sentenced to 9 years in prison. Currently held in Drapchi prison. 94. Kelsang Thutob: Age: 46. A monk of held in Drapchi prison. 145. Lobsang Lungtok: Age: 23. A monk of Drepung monastery. Arrested April 16, 1989. 119. Lobsang Choekyi: Age: 21. A nun of Ganden monastery. Arrested March 20, 1992. Sentenced to 18 years in prison. Currently Garu monastery. Arrested between June 5 Sentenced to 7 years in prison. Currently held in Drapchi prison. and 22, 1992. Sentenced to 6 years in prison. held in Drapchi prison. 95. Kelsang Tsering: A monk of Dakpo Currently held in Drapchi prison. 146. Lobsang Ngawang: Age: 22. A monk of monastery. Arrested January, 1992. Cur- 120. Lobsang Choezin: Age: 17. A monk of Dakpo monastery. Arrested between March rently held in Medro jail. 96. Khyentse Legrup: Age: 21. A monk of Ganden monastery. Arrested June 20, 1994. and May 1992. Sentenced to 8 years in prison. Chideshol monastery. Arrested November 7, Currently held in Gutsa prison. Current held in Drapchi prison. 1992. Sentenced to 3 years in prison. Cur- 121. Lobsang Dadak: Age: 23. A monk of 147. Lobsang Palden: Age: 21. A monk of rently held in Drapchi prison. Ganden monastery. Arrested September 1989. Phurbu Chog monastery. Arrested May 16, 97. Kunchok Tsomo: Age: 15. A nun of Garu Sentenced to 9 years in prison. Currently 1992. Sentenced to 7 years in prison. Cur- monastery. Arrested June 17, 1992. Sentenced held in Drapchi prison. rently held in Drapchi prison. to 3 years in prison. Currently held in 122. Lobsang Dargye: Age: 27. A monk of 148. Lobsang Palden: Age: 22. A monk of Drapchi prison. Ragya monastery. Arrested November 16, Shelkar monastery. Arrested June 14, 1993. 98. Kunsang Jampa: Age: 20. A monk of 1992. 149. Lobsang Palden: Age: 32. A monk of Dakpo monastery. Arrested March 1992. Sen- 123. Lobsang Dargye: Age: 27. A monk of Ganden monastery. Arrested March 7, 1988. tenced to 4 years in prison. Currently held in Serwa monastery. Arrested March 29, 1994. Sentenced to 10 years in prison. Currently Drapchi prison. Sentenced to 15 years in prison. held in Drapchi prison. 99. Legshe Phuntsog: Age: 23. A monk of 124. Lobsang Dargye: Age: 23. A monk of 150. Lobsang Phuntsog: Age: 22. A monk of Phenpo monastery. Arrested July 3, 1993. Sangyak monastery. Arrested between May Drepung monastery. Arrested August 1991. Sentenced to 5 years in prison. Currently 11 and 16, 1992. Sentenced to 7 years in pris- Sentenced to 4 years in prison. Currently held in Drapchi prison. on. Currently held in Drapchi prison. held in Drapchi prison. 100. Lhagyal: Age: 23. A monk of Samye 125. Lobsang Dargye: A monk of Sangyak 151. Lobsang Samten: Age: 18. A monk of monastery. Arrested between June and Sep- monastery. Arrested December 7, 1994. Ganden monastery. Arrested March 3, 1993. tember, 1991. Sentenced to 3–4 years in pris- 125. Lobsang Dolma: Age: 24. A nun of Shar Currently held in Gutsa prison. on. Currently being held in Drapchi prison. Bumpa monastery. Arrested June 1994. 152. Lobsang Sherab: Age: 18. A monk of 101. Lhaga: Age: 23. A monk of Chideshol 126. Lobsang Donyo: Age: 19. A monk of Purchok retreat. Arrested May 16, 1992. Sen- monastery. Arrested August 27, 1993. Sen- Drak Yerpa monastery. Arrested August 28, tenced to 8 years in prison. Currently held in tenced to 3 years in prison. Currently being 1993. Currently held in Taktse jail. Drapchi prison. held in Drapchi prison. 127. Lobsang Dorje: Age: 20. A monk of 153. Lobsang Tashi: Age: 41. A monk of 102. Lhakpa: Age: 22. A monk of Phurchok monastery. Arrested May 16, 1992. Zitho monastery. Arrested March 4, 1990. Draglhaluphug monastery. Arrested between Sentenced to 9 years in prison. Currently Sentenced to 5 years in prison. Currently October 6 and 25, 1989. Sentenced to 8 years held in Drapchi prison. held in PoZungma prison. in prison. Currently being held in Drapchi 128. Lobsang Dradul: Age: 18. A monk of 154. Lobsang Tengue: A monk of Sera mon- prison. Ganden monastery. Arrested June 10, 1992. astery. Arrested in 1983. Currently being held 103. Lhakpa Tsering: Age: 20. A monk of Sentenced to 5 years in prison. Currently in Gutsa prison. Dunbu monastery. Arrested May 30, 1993. held in Drapchi prison. 155. Lobsang Tenzin: Age: 21. A monk of 104. Lhundrup Monlam: Age: 26. A monk of 129. Lobsang Drolma: Age: 22. A nun of Ganden monastery. Arrested March 20, 1992. Palkhor monastery. Arrested March 15 or 16, Michungri monastery. Arrested February 3, Currently held in Gutsa prison. 1990. Sentenced to 4–5 years in prison. Cur- 1992. Sentenced to 7 years in prison. Cur- 156. Lobsang Tenzin: Age: 18. A monk of rently held in Drapchi prison. rently held in Drapchi prison. Sera monastery. Arrested August 14, 1991. 105. Lhundrup Togden: Age: 24. A monk of 130. Lobsang Drolma: Age: 18. A nun of Currently held in Gutsa prison. Palkhor monastery. Arrested December 1989. Garu monastery. Arrested between June 5 157. Lobsang Tenzin: A monk of Sang-ngag Sentenced to 14 years in prison. Currently and 22 1992. Sentenced to 5 years in prison. monastery. Arrested December 2 or 7, 1994. being held in Drapchi prison. Currently held in Drapchi prison. Currently held in Taktse prision. 106. Lhundrup Zangmo: Age: 23. A nun of 131. Lobsang Gelek: Age: 22. A monk of 158. Lobsang Thargye: A monk of Sand Nak Michungri monastery. Arrested between Au- Sera monastery. Arrested in November or Kha monastery. Arrested May 16, 1992. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7281 159. Lobsang Thupten: Age: 16. A monk of Sentenced to 3 years in prison. Currently 213. Ngawang Kyema: Age: 23. A nun of Purchok monastery. Arrested August 5, 1992. held in Drapchi prison. Garu monastery. Arrested June 22, 1993. Sen- 160. Lobsang Thupten: Age: 32. A monk of 188. Ngawang Choezom: Age: 22. A nun of tenced to 4 years in prison. Currently held in Sera monastery. Arrested July 6, 1992. Cur- Chubsang monastery. Arrested March 21, Drapchi prison. rently held in Gutsa monastery. 1993. Sentenced to 11 years in prison. Cur- 214. Ngawang Lamchen: Age: 23. A monk of 161. Lobsang Trinley: A monk of Dakpo rently held in Drapchi prison. Sungrabling monastery. Arrested June 28, monastery. Arrested January 6, 1992. Cur- 189. Ngawang Choglang: Age: 25. A monk of 1993. rently held in Medro jail. Sungrabling monastery. Arrested June 28, 215. Ngawang Lamchung: Age: 22. A monk 162. Lobsang Tsegye: Age: 27. A monk of 1993. Sentenced to 5 years in prison. Cur- of Kyemolung monastery. Arrested Decem- Serwa monastery. Arrested March 29, 1994. rently being held in Drapchi prison. ber 12, 1992. Sentenced to 5 years in prison. Sentenced to 15 years in prison. Currently 190. Ngawang Dadrol: Age: 17. A nun of Currently held in Drapchi prison. held in Powo Tramo prison. Garu monastery. Arrested between June 15 216. Ngawang Lamdrol: Age: 19. A nun of 163. Lobsang Tsondru: A monk of Drepung and 22, 1992. Sentenced to 6 years in prison. Garu monastery. Arrested May 25, 1994. monastery. Arrested 1990. Sentenced to 6–7 Currently held in Drapchi prison. 217. Ngawang Ledoe: A monk of Sera mon- years in prison. Currently held in Drapchi 191. Ngawang Dawa: Age: 16. A monk of astery. Arrested 1983. Currently held in prison. Drepung monastery. Arrested September 9, Gutsa prison. 164. Lobsang Yangzom: A nun of Bumthang 1991. Sentenced to 6 years in prison. Cur- 218. Ngawang Legsang: Age: 22. A monk of monastery. Arrested March 13, 1994. rently held in Drapchi prison. Kyormolong monastery. Arrested 28, 1993. 165. Lobsang Yarphel: Age: 20. A monk of 192. Ngawang Debam: Age: 24. A monk of Sentenced to 5 years in prison. Currently Ganden monastery. Arrested between June Sera monastery. Arrested August 8, 1991. held in Drapchi prison. 10 and 13, 1992. Sentenced to 7 years in pris- Currently held in Gutsa prison. 219. Ngawang Legshe: Age: 22. A monk of on. Currently held in Drapchi prison. 193. Ngawang Dedrol: Age: 23. A nun of Kingka monastery. Arrested March 17, 1991. 166. Lobsang Yeshe: Age: 18. A nun of Shar Chubsang monastery. Arrested May 14, 1992. Sentenced to 4 years in prison. Currently Bumpa monastery. Arrested June 1994. Currently held in Gutsa prison. held in Drapchi prison. 167. Lobsang Yeshe: Age: 21. A monk of 194. Ngawang Dedrol: Age: 24. A nun of 220. Ngawang Legyon: A monk of Sang- Ganden monastery. Arrested March 20, 1992. Garu monastery. Arrested June 14, 1993. Sen- Ngag monastery. Arrested December 2 or 7, Sentenced to 5 years in prison. Currently tenced to 7 years in prison. Currently being 1994. held in Drapchi prison. held in Drapchi prison. 221. Ngawang Lhaksam: Age: 24. A monk of 168. Lobsang Zoepa: Age: 19. A monk of 195. Ngawang Dipsel: A monk of Drepung Drepung monastery. Arrested May 13, 1992. Dakpo monastery. Arrested August 22, 1992. monastery. Sentenced to 4 years in prison. Sentenced to 5 years in prison. Currently Sentenced to 3 years in prison. Currently Currently being held in Drapchi prison. held in Gutsa prison. held in Drapchi prison. 196. Ngawang Dorje: Age: 21. A monk of 222. Ngawang Lhundrup: Age: 22. A monk of 169. Loden: Age: 51 A monk of Gyu-me Shedrupling monastery. Arrested August 12, Kingka monastery. Arrested April 1991. Sen- monastery. Arrested March 1993. 1992. Sentenced to 3 years in prison. Cur- tenced to 6 years in prison. Currently held in 170. Lodro Pema: A nun of Shungsep mon- rently being held in Drapchi prison. Drapchi prison. astery. Arrested December 9, 1993. 197. Ngawang Drolma: Age: 18. A nun of 223. Ngawang Lhundrup: Age: 33. A monk of 171. Migmar: Age: 17. A monk of Dunbu Michungri monastery. Arrested March 13, Drepung monastery. Arrested May 16, 1991. monastery. Arrested May 30. 1993. 1993. Currently held in Gusta prison. Currently held in Gutsa prison. 198. Ngawang Gomchen: Age: 20. A monk of 224. Ngawang Lhundrup: Age: 19. A monk of 172. Migmar: Age: 27 A monk of Dunbu Drepung monastery. Arrested August 1991. Shedrupling monastery. Arrested August 12, monastery. Arrested May 30, 1993. 173. Migmar Tsering: Age: 20. A monk of Currently held in Gutsa prison. 1992. Currently held in Gutsa prison. 199. Ngawang Gyaltsen: Age: 21. A monk of 225. Ngawang Lobsang: Age: 23. A nun of Dunbu monastry. Arrested May 30. 1993. Sera monastery. Arrested May 3, 1991. A Phenpo Namkar monastery. Arrested July 174. Namdrol Lhamo: Age 28. A nun of monk of Gutsa prison. 16, 1993. Sentenced to 5 years in prison. Cur- Chubsang monastery. Arrested May 12, 1992. 200. Ngawang Gyaltsen: Age: 36. A monk of rently held in Drapchi prison. Sentenced to 12 years in prison. Currently Drepung monastery. Arrested April 4, 1989. 226. Ngawang Lochoe: Age: 23. A nun of held in Drapchi prison. Sentenced to 17 years in prison. Currently Toelung monastery. Arrested May 14, 1992. 175. Namgyal Ghoedron: A nun of Shungsep held in Drapchi prison. Sentenced to 10 years in prison. Currently monastery. Arrested December 9, 1993. 201. Ngawang Gyatso: A nun of Toelung held in Drapchi prison. 176. Ngawang Bumchok: Age: 22. A monk of monastery. Arrested May 13, 1992. Currently 227. Ngawang Losel: A monk of Sang-Ngag Drepung monastery. Arrested June 15, 1992. held in Gutsa prison. monastery. Arrested between December 2 Sentenced to 5 years in prison. Currently 202. Ngawang Jamchen: Age: 24. A monk of and 7, 1994. Currently held in Taktse prison. held in Drapchi Prison. Drepung monastery. Arrested September 27, 228. Ngawang Losel: A monk of Ganden 177. Ngawang Chendrol: Age: 18. A nun of 1991. Sentenced to 5 years in prison. Cur- monastery. Arrested June 4, 1993. Garu monastery. Arrested June 14, 1993. Sen- rently held in Drapchi prison. 229. Ngawang Lungtok: Age: 19. A monk of tenced to 3 years in prison. Currently held in 203. Ngawang Jigme: Age 17. A monk of Drepung monastery. Arrested May 13, 1992. Drapchi prison. Drepung monastery. Arrested in September Sentenced to 5 years in prison. Currently 178. Ngawang Chenma: Age: 24. A nun of or October 1991. Sentenced to 6 years in pris- held in Drapchi prison. Garu monastery. Arrested June 5, 1992. Sen- on. Currently held in Drapchi prison. 230. Ngawang Namdrol: Age: 23. A nun of tenced to 4 years in prison. Currently held in 204. Ngawang Jigme: Age: 20. A monk of Toelung monastery. Arrested May 14, 1992. Drapchi prison. Medro monastery. Arrested June 6, 1993. Sen- Sentenced to 7 years in prison. Currently 179. Ngawang Chime: Age: 19. A nun of tenced to 6 years in prison. Currently held in held in Drapchi prison. Garu monastery. Arrested June 14, 1993. Sen- Drapchi prison. 231. Ngawang Namling: Age: 28. A monk of tenced to 4 years in prison. Currently held in 205. Ngawang Jinpa: A monk of Sang-Ngag Drugyal monastery. Arrested June 27, 1993. Drapchi prison. monastery. Arrested between December 2 Sentenced to 5 years in prison. Currently 180. Ngawang Choedrak: A monk and Chant and 7, 1994. held in Drapchi prison. master. Arrested April 1993. 206. Ngawang Keldron: Age: between 19 and 232. Ngawang Ngondron: A nun of Toelung 181. Ngawang Choedron: A nun of Choebup 22. A nun of Garu monastery. Arrested June monastery. Arrested May 13, 1992. Currently monastery. Arrested June 28, 1993. 14, 1993. Sentenced to 5 years in prison. held in Gutsa prison. 182. Ngawang Choekyi: Age: 23. A nun of 207. Ngawang Kelsang: A nun of Nyemo 233. Ngawang Ngon-Kyen: Age: 19. A monk Toelung monastery. Arrested May 14, 1993. Gyaltse monastery. Arrested June 1993. of Nyethang monastery. Arrested between Sentenced to 4 years in prison. Currently 208. Ngawang Kelzom: Age: 24. A nun of May 7 and 31, 1994. being held in Drapchi prison. Garu monastery. Arrested June 14, 1993. Sen- 234. Ngawang Nordrol: Age: 23. A nun of 183. Ngawang Choekyi: Age: 21. A nun of tenced to 2–5 years in prison. Currently held Samdrup Drolma monastery. Arrested May Garu monastery. Arrested June 14, 1993. Sen- in Drapchi prison. 14, 1992. Sentenced to 7 years in prison. Cur- tenced to 4 years in prison. Currently being 209. Ngawang Kelzom: Age: 24. A nun of rently held in Drapchi prison. held in Drapchi prison. Chubsang monastery. Arrested June 14, 1993. 235. Ngawang Nyidrol: Age: 23. A nun of 184. Ngawang Choenyi: Age: 20. A monk of Sentenced to 2 years in prison. Currently Chubsang monastery. Arrested July 6, 1992. Kyemolong monastery. Arrested May 8, 1993. held in Drapchi prison. Sentenced to 3 years in prison. Currently Sentenced to 4 years in prison. Currently 210. Ngawang Khedup: Age: 24. A monk of held in Drapchi prison. held in Drapchi prison. Drepung monastery. Arrested June 15, 1992. 236. Ngawang Nyima: Age: 23. A nun of 185. Ngawang Choekyong: A monk of Sang- Sentenced to 6 years in prison. Currently Garu monastery. Arrested between June 5 Ngag monastery. Arrested between Decem- held in Drapchi prison. and 22, 1992. Sentenced to 4 years in prison. ber 2 and 7, 1994. Currently held in Taktse 211. Ngawang Kunsang: Age: 26. A nun of Currently being held in Drapchi prison. prison. Garu monastery. Arrested in January or 237. Ngawang Nyima: Age: 22. A nun of 186. Ngawang Choephel: Age: 29. A monk of February 1990. Sentenced to 14 years in pris- Chubsang monastery. Arrested May 14, 1992. Lithang monastery. Arrested August 20, 1993. on. Currently held in Drapchi prison. Currently held in Gutsa prison. 187. Ngawang Choeshe: Age: 24. A monk of 212. Ngawang Kunsel: Age: 20. A nun of a 238. Ngawang Oeser: Age: 22. A monk of Drepung monastery. Arrested May 13, 1992. Garu monastery. Arrested May 25, 1994. Drepung monastery. Arrested April 16, 1989. H 7282 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Sentenced to 17 years in prison. Currently 1993. Sentenced to 4 years in prison. Cur- 287. Ngawang Woeser: Age: 28. A monk of held in Drapchi prison. rently held in Drapchi prison. Dingka monastery. Arrested March 1991. 239. Ngawang Palden: Age: 28. A monk of 263. Ngawang Sherab: Age: 24. A monk of Sentenced to 5 years in prison. Currently Dunbu monastery. Arrested August 28, 1992. Jamchen monastery. Arrested March 11, 1992. held in Drapchi prison. Sentenced to up to 10 years in prison. Cur- Sentenced to up to 10 years in prison. Cur- 288. Ngawang Yangchen: Age: 22. A nun of rently held in Drapchi prison. rently held in Drapchi prison. Chubsang monastery. Arrested August 12, 240. Ngawang Palgon: Age: 33. A monk of 264. Ngawang Sonam: Age: 21. A nun of 1992. Sentenced to 3 years in prison. Cur- Drepung monastery. Arrested June 15, 1992. Chubsang monastery. Arrested June 14, 1993. rently held in Drapchi prison. Sentenced to 5 years in prison. Currently Sentenced to 5 years in prison. Currently 289. Ngawang Yangdrol: Age: 23. A nun of held in Drapchi prison. held in Drapchi prison. Garu monastery. Arrested June 14, 1993. Sen- 241. Ngawang Palmo: Age: 22. A nun of 265. Ngawang Songtsen: Age: 24. A monk of tenced to 5 years in prison. Currently held in Garu monastery. Arrested June 14, 1993. Sen- Jokhang monastery. Arrested March 1989. Drapchi prison. tenced to 3 years in prison. Currently held in Sentenced to 7 years in prison. Currently 290. Ngawang Yangkyi: A nun of Drapchi prison. held in Drapchi prison. Tsangkhung monastery. Arrested August 21, 242. Ngawang Palsang: Age: 20. A monk of 266. Ngawang Sothar: Age: 23. A monk of 1990. Currently held at Drapchi hospital. Medro monastery. Arrested June 6, 1993. Sen- Drepung monastery. Arrested May 13, 1992. 291. Ngawang Yangkyi: Age: 22. A nun of tenced to 6 years in prison. Currently held in Sentenced to 5 years in prison. Currently Garu monastery. Arrested June 4, 1993. Sen- Drapchi prison. held in Drapchi prison. tenced to 4 years in prison. Currently held in 243. Ngawang Pekar: Age: 29. A monk of 267. Ngawang Sungrab: Age: 20. A monk of Drapchi prison. Drepung monastery. Arrested March 1989. Drepung monastery. Arrested September 27, 292. Ngawang Yeshe: Age: 22. A monk of Sentenced to 8 years in prison. Currently 1991. Sentenced to 10 years in prison. Cur- Serkhang monastery. Arrested February 11, held in Drapchi prison. rently held in Drapchi prison. 1992. Sentenced to 3 years in prison. Cur- 244. Ngawang Pelkyi: Age: 18. A nun of 268. Ngawang Tendrol: Age: 18. A nun of rently held in Drapchi prison. Garu monastery. Arrested June 22, 1992. Sen- Toelung Ngengon monastery. Arrested May 293. Ngawang Zangpo: Age: 20. A monk of tenced to 3 years in prison. Currently held in 14, 1992. Sentenced to 3 years in prison. Cur- Drepung monastery. Arrested August 1991. Trisam prison. rently held in Drapchi prison. Currently held in Gutsa prison. 245. Ngawang Pema: A nun of Bumthang 269. Ngawang Tengye: Age: 23. A monk of 294. Ngawang Zoepa: Age: 25. A monk of monastery. Arrested March 13, 1994. Ganden monastery. Arrested May 1992. Sen- Rong Jamchen monastery. Arrested between 246. Ngawang Pemo: Age: 22. A nun of Garu tenced to 5 years in prison. Currently held in September 11 and 19, 1992. Sentenced to up to monastery. Arrested June 14, 1993. Currently Drapchi prison. 10 years in prison. Currently held in Drapchi held in Gutsa prison. 270. Ngawang Tenrab: Age: 37. A monk of prison. 247. Ngawang Phulchung: Age: 34. A monk Drepung monastery. Arrested March 16, 1992. 295. Ngawang Zoepa: Age: 28. A monk of of Drepung monastery. Arrested April 16, Sentenced to 7 years in prison. Currently Dingka monastery. Arrested March 17, 1991. 1989. Sentenced to 16 years in prison. Cur- held in Drapchi prison. Sentenced to 5 years in prison. Currently rently held in Drapchi prison. 271. Ngawang Tensang: Age: 21. A monk of held in Drapchi prison. 248. Ngawang: Age: 21. A monk of Drepung Drepung monastery. Arrested September 14, 296. Norbu: Age: 20. A monk of Ganden monastery. Arrested May 15, 1992. Sentenced 1991. Sentenced to 10 years in prison. Cur- monastery. Arrested March 9, 1993. Sen- to 5 years in prison. Currently held in rently held in Drapchi prison. tenced to 4 years in prison. Currently held in Drapchi prison. 272. Ngawang Tenzin: Age: 23. A nun of Drapchi prison. 249. Ngawang Phuntsog: Age: 22. A nun of Chubsang monastery. Arrested May 16, 1992. 297. Norbu: Age: 20. A monk of Yamure Toelung monastery. Arrested May 14, 1992. Sentenced to 5 years in prison. Currently monastery. Arrested January 11, 1995. Sentenced to 7 years in prison. Currently held in Drapchi prison. 298. Norgye: Age: 23. A monk of Rong held in Drapchi prison. 273. Ngawang Tenzin: Age: 18. A monk of Jamchen monastery. Arrested September 19, 250. Ngawang Phurdron: A nun of Toelung Kyemolung monastery. Arrested February 1992. Sentenced to 4–5 years in prison. Cur- monastery. Arrested May 13, 1992. Currently 19, 1992. Currently held in Gutsa prison. rently held in Drapchi prison. held in Gutsa prison. 274. Ngawang Tenzin: Age: 21. A monk of 299. Norzang: Age: 15. A monk of Dunbu 251. Ngawnag Rabjor: Age: 20. A monk of Kyemolung monastery. Arrested March 18, monastery. Arrested May 30, 1993. Drepung monastery. Arrested September 27, 1989. Sentenced to 8 years in prison. Cur- 300. Norzin: A nun of Shungsep monastery. 1991. Sentenced to six years in prison. Cur- rently held in Drapchi prison. rently held in Drapchi prison. 275. Ngawang Thoglam: A monk of Sang- Arrested December 9, 1993. 301. Nyidrol: A nun of Chubsang mon- 252. Ngawang Rigdrol: Age: 21. A nun of Ngag monastery. Arrested December 2 or 7, astery. Arrested May 14, 1992. Currently held Garu monastery. Arrested between June 5 1994. Currently held in Taktse prison. and 22, 1992. Sentenced to 6 years in prison. 276. Ngawang Thupten: Age: 18. A nun of in Gutsa prison. Currently held in Drapchi prison. Garu monastery. Arrested May 29, 1993. 302. Nyima: Age: 28. A monk of Ganden 253. Ngawang Rigdrol: Age: 22. A nun of 277. Ngawang Thupten: Age: 19. A monk of monastery. Arrested April 2, 1994. Phenpo Namkar monastery. Arrested July Drepung monastery. Arrested September 10, 303. Nyima: Age: 18. A monk of Phurchok 17, 1993. Sentenced to 5 years in prison. Cur- 1991. Sentenced to 4 years in prison. Cur- monastery. Arrested May 24, 1994. rently held in Drapchi prison. rently held in Drapchi prison. 304. Nyima Gyaltsen: Age: 23. A monk of 254. Ngawang Rigzin: Age: 29. A monk of 278. Ngawang Trinley: Age: 27. A monk of Tsepak monastery. Arrested June 4, 1993. Drepung monastery. Arrested April 1989. Drepung monastery. Arrested May 13, 1992. Sentenced to 6 years in prison. Currently Sentenced to 9 years in prison. Currently Sentenced to 4 years in prison. Currently held in Drapchi prison. held in Drapchi prison. held in Drapchi prison. 305. Nyima Tenzin: Age: 27. A monk of 255. Ngawang Samdrup: Age: 18. A nun of 279. Ngawang Tsamdrol: Age: 21. A nun of Pangpa monastery. Arrested December 29, Garu monastery. Arrested June 17, 1992. Sen- Toelung monastery. Arrested May 14, 1992. 1993. tenced to 9 years in prison. Currently held in Sentenced to a total of 10 years in prison. 306. Nyima Tsamchoe: Age: 25. A nun of Drapchi prison. Currently held in Drapchi prison. Garu monastery. Arrested June 22, 1992. Sen- 256. Ngawang Samten: Age: 20. A nun of 280. Ngawang Tsangpa: Age: 21. A monk of tenced to 4 years in prison. Currently held in Garu monastery. Arrested June 5, 1992. Sen- Nyethang monastery. Arrested between May Drapchi prison. tenced to 4 years in prison. Currently held in 27 and 31, 1994. 307. Palden Choedron: Age: 19. A nun of Drapchi prison. 281. Ngawang Tsedrol: Age: 22. A nun of Shungsep monastery. Arrested October 1, 257. Ngawang Samten: Age: 22. A monk of Chubsang monastery. Arrested May 14, 1992. 1990. Sentenced to 9 years in prison. Cur- Drepung monastery. Arrested between March Currently held in Gutsa prison. rently held in Drapchi prison. 9 and 11, 1991. Sentenced to 4 years in prison. 282. Ngawang Tsondru: Age: 23. A monk of 308. Pasang: Age: 24. A monk of Dunbu Currently held in Drapchi prison. Drepung monastery. Arrested June 1, 1993. monastery. Arrested May 30, 1993. 258. Ngawang Sangden: A nun of Bumthang Sentenced to 6 years in prison. Currently 309. Pasang: A monk of Dakpo monastery. monastery. Arrested March 13, 1994. held in Drapchi prison. Arrested January 1992. Currently held in 259. Ngawang Sangdrol: Age: 18. A nun of 283. Ngawang Tsondru: Age: 26. A monk of Medro jail. Garu monastery. Arrested June 17, 1992. Sen- Dingka monastery. Arrested March 17, 1991. 310. Pasang: Age: 15. A monk of Tsepak tenced to 9 years in prison. Currently held in Sentenced to 4 years in prison. Currently monastery. Arrested June 3, 1993. Currently Drapchi prison. held in Drapchi prison. held in Gutsa prison. 260. Ngawang Sangye: A monk of Ganden 284. Ngawang Tsultrim: Age: 24. A monk of 311. Passang: A monk of Drepung mon- monastery. Arrested March 9, 1993. Currently Kyemolung monastery. Arrested March 18, astery. Arrested June 1993. held in Gutsa prison. 1989. Sentenced to 6 years in prison. Cur- 312. Pema Drolkar: Age: 18. A nun of 261. Ngawang Shenyen: Age: 25. A monk of rently held in Drapchi prison. Michungri monastery. Currently held in Kyemolung monastery. Arrested March 18, 285. Ngawang Tsultrim: A monk of Sera Gutsa prison. 1989. Sentenced to 6 years in prison. Cur- monastery. Arrested May 1993. 313. Pema Oeser: Age: 16. A nun of Nagar rently held in Drapchi prison. 286. Ngawang Wangmo: A nun of Chubsang monastery. Arrested August 17, 1993. 262. Ngawang Sherab: Age: 23. A monk of monastery. Arrested May 14, 1992. Currently 314. Pema Tsering: Age: 23. A monk of Kyemolung monastery. Arrested June 16, held in Gutsa prison. Serwa monastery. Arrested March 29, 1994. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7283 Sentenced to 15 years in prison. Currently Sentenced to 6 years in prison. Currently 367. Phurbu Tsamchoe: A nun of held in Powo Tramo prison. held in Drapchi prison. Tsangkhung monastery. Arrested June 10, 315. Pendron: A nun of Shungsen. Arrested 340. Phuntsog Nyidron: Age: 23. A nun of 1991. Currently held in Gutsa prison. December 12, 1993. Michungri monastery. Arrested between Oc- 368. Phurbu Tsering: A monk of Tashi 316. Penpa: Age: 20. A monk of Ganden tober and December 1990. Sentenced to a Lhunpo monastery. Arrested June 15, 1993. monastery. Arrested March 9, 1993. Sen- total of 17 years in prison. Currently held in 369. Rigzin Choekyi: Age: 24. A nun of tenced to 3 years in prison. Currently held in Drapchi prison. Shungsepmonastery. Arrested August 1990. Drapchi prison. 341. Phuntsog Nyimgbu: A monk of Sentenced to 12 years in prison. Currently 317. Penpa: Age: 19. A monk of Dunbu mon- Drepung monastery. Arrested October 1993. held in Drapchi prison. astery. Arrested May 30, 1993. Currently held in Gutsa prison. 370. Rigzin Tsondru: A nun of Shungsep 318. Penpa: Age: 21. A monk of Sungrabling 342. Phuntsog Pema: Age 23. A nun of monastery. Arrested December 9, 1993. monastery. Arrested July 4, 1993. Sentenced Michungri monastery. Arrested between Oc- 371. Rinchen Drolma: Age: 23. A nun of to 3 years in prison. Currently held in tober and December 1990. Sentenced to 8 Garu monastery. Arrested June 14, 1993. Sen- Drapchi prison. years in prison. Currently held in Drapchi tenced to 2–4 years in prison. Currently held 319. Penpa: Age: 22. A monk of Sungrabling prison. in Drapchi prison. Currently held in Drapchi monastery. Arrested July 4, 1993. Sentenced 343. Phuntsog Peyang: Age 27. A nun of prison. to 6 years in prison. Currently held in Garu monastery. Arrested May 25, 1994. 372. Rinchen Sangmo: Age: 20. A nun of Drapchi prison. 344. Phuntsog Rigchog: Age 28. A monk of Garu monastery. Arrested June 22, 1992. Sen- 320. Penpa Wangmo: Age: 20. A nun of Nyethang monastery. Arrested May 31, 1994. tenced to 4 years in prison. Currently held in Michungri monastery. Arrested February 13, 345. Phuntsog Samten: Age 24. A monk of Drapchi prison. 1992. Sentenced to 5 years in prison. Cur- Nyethang monastery. Arrested September 4, 373. Samten Choesang: Age: 20. A nun of rently held in Drapchi prison. 1991. Sentenced to 10 years in prison. Cur- Phenpo Namkar monastery. Arrested July 321. Pepar: Age: 21. A monk of Ganden rently held in Drapchi prison. 16, 1993. Sentenced to 6 years in prison. monastery. Arrested May 1992. Currently 346. Phuntsog Samten: Age 23. A monk of 374. Samten Sangmo: Age: 20. A nun of held in Gutsa prison. Drepung monastery. Arrested May 13, 1992. Phenpo Namkar. Arrested July 16, 1993. Sen- 322. Phetho: Age: 21. A nun of Chubsang Sentenced to 6 years in prison. Currently tenced to 5 years in prison. Currently held in monastery. Arrested August 18, 1991. Cur- held in Drapchi prison. Drapchi prison. rently held in Gutsa prison. 347. Phuntsog Segyi: Age 22. A monk of 375. Seldroen: Age: 17. A nun of Shar 323. Phuntsog: Age: 21. A monk of Drepung Drepung monastery. Arrested May 13, 1992. Bumpa monastery. Arrested June 14, 1994. monastery. Arrested May 13, 1992. Sentenced Sentenced to 8 years in prison. Currently Currently held in Guta prison. to 8 years in prison. Currently held in held in Drapchi prison. 376. Shenyen Logsang: A monk of Drapchi prison. 348. Phuntsog Seldrag: Age 17. A monk of Kyemolung monastery. Arrested June 16, 324. Phuntsog Changsem: Age: 18. A monk Nyethang monastery. Arrested May 31, 1994. 1993. of Drepung Monastery. Arrested September 349. Phuntsog Tendon: Age 14. A monk of 377. Sherabl Drolma: A nun of Shungsep 14, 1991. Sentenced to 8 years in prison. Cur- Nyethang monastery. Arrested May 31, 1994. monastery. Arrested December 9, 1993. rently held in Drapchi prison. 350. Phuntsog Thoesam: Age 23. A monk of 378. Sherab Ngawang: Age: 12. A nun of 325. Phuntsog Chenga: Age: 22. A nun of Nyethang monastery. Arrested June 1, 1993. Michungri monastery. Arrested February 3, Garu monastery. Arrested June 14, 1993. Cur- Sentenced to 7 years in prison. Currently 1992. Sentended to 3 years in prison. Cur- rently held in Gutsa prison. held in Drapchi prison. rently held in Trisam prison. 326. Phutsog Choedrag: A monk of Sang- 351. Phuntsog Thrinden: Age 19. A monk of 379. Shilok: Age: 33. A monk of Dunbu mon- Ngag monastery. Arrested December 2 or 7, Nyethang monastery. Arrested May 31, 1994. astery. Arrested March 30, 1992. Currently 1994. 352. Phuntsog Thubten: Age 30. A monk of held in Tsethang prison. 327. Phutsog Choejor: A monk of Sang- Rame monastery. Arrested June 12, 1992. 380. Sodor: Age: 20. A monk of Lhoka mon- Ngag monastery. Arrested December 2 or 7, Sentenced to 5 years in prison. Currently astery. Arrested August 16, 1989. Sentenced 1994. held in Drapchi prison. to a total of 7 years in prison. Currently held 328. Phutsog Choekyi: Age: 22. A nun of 353. Thuntog Thutop: Age 20. A monk of in Drapchi prison. Garu monastery. Arrested June 14, 1993. Sen- Drepung monastery. Arrested September 14, 381. Sonam: A monk of Drak Yerpa mon- tenced to 6–7 years in prison. Currently held 1991. Sentenced to 5 years in prison. Cur- astery. Arrested August 1994. Sentenced to 5 in Drapchi prison. rently held in Drapchi prison. years in prison. Currently held in Drapchi 329. Phuntsog Dadak: A monk of Drepung 354. Phuntsog Tsamchoe: Age 22. A nun of prison. monastery. Arrested May 13, 1992. Sentenced Chubsang monastery. Arrested March 3, 1992. 382. Sonam Bagdro: Age: 24. A monk of to 4 years in prison. Currently held in Gutsa Sentenced to 5 years in prison. Currently Ganden monastery. Arrested March 20, 1992. prison. held in Drapchi prison. Sentenced to Gutsa prison. 330. Phuntsog Demei: Age: 22. A monk of 355. Phuntsog Tsering: Age 20. A monk of 383. Sonam Choephel: Age: 12. A monk of Drepung monastery. Arrested May 13, 199?. Nyethang monastery. Arrested September 4, Cunbu monastery. Arrested May 30, 1993. Sentenced to 8 years in prison. Currently 1991. Sentenced to 5 years in prison. Cur- Sentenced to 3 years in prison. held in Drapchi prison. rently held in Drapchi prison. 384. Sonam Drolkar: A nun of Dechen Khul 331. Phuntsog Dondrup: Age: 17. A monk of 356. Phuntsog Tsomo: Age 19. A nun of monastery. Arrested May 16, 1992. Currently Drepung monastery. Arrested September 10, Garu monastery. Arrested May 25, 1994. held in Gutsa prison. 1991. Sentenced to 4 years in prison. Cur- 357. Phuntsog Tsungme: Age 21. A monk of 385. Sonam Gyalpo: A monk of Tashilhunpo rently held in Drapchi prison. Sera monastery. Arrested May 26, 1991. Cur- monastery. Arrested July 1, 1993. 332. Phuntsog Gonpo: Age: 19. A monk of rently held in Gutsa prison. 386. Sonam Tenzin: A monk of Dakpo. Ar- Drepung monastery. Arrested September 14, 358. Phuntsog Wangden: Age 23. A monk of rested January 1992. Currently held in Medro 1991. Sentenced to 5 years in prison. Cur- Nyethang monastery. Arrested September 4, jail. rently held in Drapchi prison. 1991. Sentenced to 5 years in prison. Cur- 387. Sonam Tsering: Age: 20. A monk of 333. Phuntsog Gyaltsen: Age: 26. A monk of rently held in Drapchi prison. Yamure monastery. Arrested January 11, Ganden monastery. Arrested March 7, 1988. 359. Phuntsog Wangdu: Age 25. A monk of 1995. Sentenced to 12 years in prison. Currently Ganden monastery. Arrested June 18, 1993. 388. Sotop: Age: 23. A monk of Sungrabling held in Drapchi prison. 360. Phuntsog Wangmo: Age 21. A nun of monastery. Arrested March 1989. Sentenced 334. Phuntsog Jigdral: A monk of Sang- Garu monastery. Arrested May 25, 1994. to 7 years in prison. Currently held in Ngag monastery. Arrested December 2 or 7, 361. Phuntsog Zoepa: Age 19. A monk of Drapchi prison. 1994. Currently held in Taktse prison. Nyethang monastery. Arrested May 31, 1994. 389. Tapsang: Age: 22. A nun of Sungsep 335. Phuntsog Jorchu: Age: 26. A monk of 362. Phurbu: Age 19. A monk of Ganden monastery. Sentenced to 5 years in prison. Drepung monastery. Arrested August 1991. monastery. Arrested October 10, 1989. Sen- Currently held in Gutsa prison. Sentenced to 5 years in prison. Currently tenced to 7 years in prison. Currently held in 390. Tashi Dawa: A monk of Ganden mon- held in Drapchi prison. Drapchi prison. astery. Arrested May 1992. Currently held in 336. Phuntsog Legsang: Age: 21. A monk of 363. Phurbu: Age 23. A monk of Ganden Gutsa prison. Drepung monastery. Arrested May 13, 1992. monastery. Arrested September 30, 1989. Sen- 391. Tendar Phuntsog: Age: 62. A monk of Sentenced to 6 years in prison. Currently tenced to a total of 9 years in prison. Cur- Potala monastery. Arrested March 8, 1989. held in Drapchi prison. rently held in Drapchi prison. Sentenced to up to 10 years in prison. Cur- 337. Phuntsog Lochoe: Age: 24. A nun of 364. Phurbu: Age 16. A monk of Tsepak rently held in Drapchi prison. Chubsang monastery. Arrested March 21, monastery. Arrested June 3, 1993. Currently 392. Tenpa Wangdrag: Age: 49. A monk of 1992. Sentenced to 7 years in prison. Cur- held in Gutsa prison. Ganden monastery. Arrested March 7, 1988. rently held in Drapchi prison. 365. Phurbu Tashi: Age 15. A monk of Sentenced to 14 years in prison. Currently 338. Phuntsog Lhundrup: A monk of Sang- Dunbu monastery. Arrested May 30, 1993. held in Powo Tramo prison. Ngag monastery. Arrested December 2 or 7, Sentenced to 2 years, 6 months in prison. 393. Tenzin: Age: 23. A monk of Ganden 1994. 366. Phurbu Tashi: Age. 20. A monk of monastery. Arrested June 1, 1993. Sentenced 339. Phuntsog Namgyal: Age: 23. A monk of Pangpa monastery. Arrested December 29, to 5 years in prison. Currently held in Drepung monastery. Arrested May 13, 1992. 1993. Drapchi prison. H 7284 CONGRESSIONAL RECORD — HOUSE July 20, 1995 394. Tenzin: Age: 20. A monk of Ganden 422. Thupten Tsondru: Age: 23. A monk of 452. Tsultrim Sherab: Age: 19. A monk of monastery. Arrested May 7, 1992. Sentenced Chideshol monastery. Arrested April 6, 1992. Sungrabling monastery. Arrested July 5, to 6 years in prison. Currently held in Sentenced to 4 years in prison. Currently 1993. Drapchi prison. held in Drapchi prison. 453. Tsultrim Tharchin: A nun of Shungsep 395. Tenzin: Age: 24. A monk of Bu Gon 423. Topgyal: Age: 21. A monk of Bu Gon monastery. Arrested December 11, 1993. monastery. Arrested January 13, 1994. monastery. Arrested February 1994. 454. Tsultrim Topgyal: Age: 20. A monk of 396. Tenzin Choekyi: Age: 19. A nun of 424. Trinley Choedron: Age: 18. A monk of Sungrabling monastery. Arrested June 28, Michungri monastery. Arrested March 11, Drepung monastery. Arrested May 13, 1995. 1993. 1993. Sentenced to 3 years in prison. Currently 455. Tsultrim Zangmo: Age: 23. A nun of 397. Tenzin Choekyi: A nun of Choebup held in Drapchi prison. Shar Bumpa monastery. Arrested June 14, monastery. Arrested June 28, 1993. 425. Trinley Choezom: Age: 18. A nun of 1994. 398. Tenzin Choephel: Age: 16. A monk of Michungri monastery. Arrested February 3, 456. Tsultrim Zoepa: Age: 23. A monk of Ganden monastery. Arrested March 9, 1993. 1992. Sentenced to 5 years in prison. Cur- Sungrabling monastery. Arrested July 5, Currently held in Gutsa prison. rently held in Drapchi prison. 1993. 399. Tenzin Dekyong: Age: 15. A nun of 426. Trinley Gyaltsen: Age: 16. A monk of 456. Walgon Tsering: A monk of Qinghai Michungri monastery. Arrested March 13, Tsepak monastery. Arrested June 4, 1993. monastery. Arrested September 1994. Cur- 1993. Currently held in Gutsa prison. Sentenced to 3 years in prison. Currently rently held in Hainan County prison. 457. Wangdu: Age: 22. A monk of Jokhang 400. Tenzin Dradul: Age: 18. A monk of held in Drapchi prison. Ganden monastery. Arrested March 9, 1993. 427. Trinley Gyamtso: Age: 24. A monk of monastery. Arrested March 8, 1989. Sen- tenced to a total of 8 years in prison. Cur- Currently held in Gutsa prison. Labrang monastery. Arrested September 401. Tanzin Drakpa: Age: 23. A monk of rently held in Drapchi prison. 1994. 458. Yangdron: A nun of Shungsep mon- Dakpo monastery. Arrested December 6, 1991. 428. Trinly Tenzin: A monk of Drepung Sentenced to 8 years in prison. Currently astery. Arrested December 11, 1993. monastery. Arrested either May 12 or 13, 459. Yangzom: Age: 23. A nun of Chubsang held in Drapchi prison. 1992. Sentenced to 3 years in prison. Cur- 402. Tenzin Dragpa: Age: 24. A monk of monastery. Arrested March 21, 1992. Cur- rently held in Drapchi prison. rently held in Gutsa prison. Ganden monastery. Arrested June 10, 1992. 429. Tsamchoe: A nun of Garu monastery. Sentenced to 8 years in prison. Currently 460. Yeshe Choezang: A nun of Shungsep Arrested June 1, 1992. monastery. Arrested December 11, 1993. held in Drapchi prison. 430. Tsamchoe: Age: 19. A nun of Nagar 403. Tenzin Kunsang: A nun of Bumthang 461. Yeshe Dolma: Age: 28. A nun of Shar monastery. Arrested August 17, 1993. Bumpa monastery. Arrested June 15, 1994. monastery. Arrested March 12, 1994. 431. Tsering: Age: 20. A monk of Dunbu 404. Tenzin Namdrak: Age: 23. A monk of 462. Yeshe Drolma: Age 24. A nun of monastery. Arrested between September and Phakmo monastery. Arrested August 13, Chubsang monastery. Arrested August 12, November 1992. 1993. Sentenced to 6 years in prison. Cur- 1992. Sentenced to 3 years in prison. Cur- 432. Tsering: A nun of Michungri mon- rently held in Drapchi prison. rently held in Drapchi prison. astery. Arrested March 11, 1993. 405. Tenzin Ngawang: Age: 21. A nun of 463. Yeshe Dradul: Age: 24. A monk of 433. Tsering: Age: 23. A monk of Lhodrak Michungri monastery. Arrested between Au- Sungrabling monastery. Arrested March 13, monastery. Arrested June 28, 1993. gust 12 and 21, 1990. Sentenced up to 5 years 1989. Sentenced to 5–6 years in prison. Cur- 434. Tsering Choedron: A nun of Chubsang rently held in Drapchi prison. in prison. Currently held in Drapchi prison. monastery. Arrested May 14, 1992. Currently 406. Tenzin Phuntsog: Age: 24. A monk of 464. Yeshe Jamyang: Age: 19. A monk of held in Gutsa prison. Ganden monastery. Arrested March 20, 1992. Serkhang monastery. Arrested February 11, 435. Tsering Choedron: A nun of Shungsep Sentenced to 6 years in prison. Currently 1992. Sentenced to 3–4 years in prison. Cur- monastery. Arrested December 11, 1992. rently held in Drapchi prison. held in Drapchi prison. 436. Tsering Choekyi: A nun of Sungsep 407. Tenzin Rabten: Age: 21. A monk of 465. Yeshe Jinpa: Age: 20. A monk of monastery. Arrested December 12, 1992. Sungrabling monastery. Arrested June 28, Shelkar monastery. Arrested June 14, 1993. 437. Tsering Donden: Age: 26. A monk of 408. Tenzin Thupten: Age: 20. A nun of 1993. Dunbu monastery. Arrested May 30, 1993. Michungri monastery. Arrested between Au- 466. Yeshe Kalsang: Age: 20. A monk of 438. Tsering Dondrup: Age: 25. A monk of gust 12 and 21, 1990. Sentenced up to 14 years Gyaldoe monastery. Arrested June 6, 1993. Nyethang monastery. Arrested September 4, Sentenced to 5 years in prison. Currently in prison. Currently held in Drapchi prison. 1991. Sentenced to 5 years in prison. Cur- 409. Tenzin Trinley: Age: 23. A monk of held in Drapchi prison. rently held in Drapchi prison. 467. Yeshe Khedrup: Age: 20. A monk of Dunbu monastery. Arrested November 7, 439. Tsering Phuntsog: Age: 26. A monk of Ganden monastery. Arrested May 6, 1992. 1992. Sentenced to 3–4 years in prison. Cur- Ganden monastery. Arrested March 20, 1992. Sentenced to 6 years in prison. Currently rently held in Drapchi prison. 410. Tenzin Wangdu: Age: 19. A monk of Currently held in Gutsa prison. held in Drapchi prison. 440. Tsering Phuntsog: Age: 24. A monk of 468. Yeshe Kunsang: A nun of Shungsep Ganden monastery. Arrested between June Palkhor monastery. Arrested in July or Au- monastery. Arrested December 11, 1993. 10 and 13, 1992. Sentenced to 6 years in pris- gust 1990. Sentenced to 13 years in prison. 469. Yeshe Ngawang: Age: 22. A monk of on. Currently held in Drapchi prison. Sungrabling monastery. Arrested March 13, 411. Thapke: Age: 17. A monk of Dunbu Currently held in Drapchi prison. 1989. Sentenced to a total of 14 years in pris- monastery. Arrested May 30, 1993. 441. Tsering Samdrup: Age: 21. A monk of on. Currently held in Drapchi prison. 412. Tharpa: Age: 17. A monk of Phurchok Ganden monastery. Arrested June 19, 1994. 470. Yeshe Samten: Age: 22. A monk of monastery. Arrested May 24, 1994. Currently held in Gutsa prison. Kyemolong monastery. Arrested June 19, 413. Thupten Geleg: Age: 16. A monk of 442. Tsering Tashi: Age: 20. A monk of Sera 1993. Sentenced to 5 years in prison. Cur- Nyethang monastery. Arrested May 31, 1994. monastery. Arrested May 26, 1991. Currently 414. Thupten Kelsang: Age: 18. A monk of held in Gutsa prison. rently held in Drapchi prison. 471. Yeshe Tsondu: A nun of Shungsep mon- Phurchok monastery. Arrested May 16, 1992. 443. Tseten: Age: 22. A nun of Garu monastery. Arrested December 12, 1993. Sentenced to 6 years in prison. Currently astery. Arrested January 1990. Sentenced to 6 July 3, 1995 held in Drapchi prison. years in prison. Currently held in Drapchi 415. Thupten Kelsang: Age: 19. A monk of prison. [Primary Source: The Puebla Institute] Lo monastery. Arrested May 4, 1992. Sen- 444. Tseten Ngodrup: Age: 19. A monk of PROTESTANTS IMPRISONED AND DETAINED IN tenced to 6 years in prison. Currently held in Phagmo monastery. Arrested August 13, 1993. CHINA Drapchi prison. Sentenced to 4 years in prison. Currently 1. Dai Gullang: Age: 45. Arrested August 25, 416. Thupten Kunga: Age: 70. A monk of held in Drapchi prison. 1993. Sentenced without trial to three years’ Rong Jamchen monastery. Arrested April 10, 445. Tseten Nyima: A monk of Ganden ‘‘reform through labor.’’ Currently held in 1992. monastery. Arrested May 1992. Xuancheng Labor Camp, Anhui province. 417. Thupten Kunkhyen: Age: 17. A monk of 446. Tseten Samdup: Age: 17. A monk of 2. Dai Lanmei: Age: 27. Arrested August 25, Chideshol monastery. Arrested November 7, Ganden monastery. Arrested May 1992. 1993. Sentenced without trial to two years’ 1992. Sentenced to 3 years in prison. Cur- 447. Tsetob: Age: 28. A monk of Bu Gon ‘‘reform through labor.’’ Currently held in rently held in Drapchi prison. monastery. Arrested January 13, 1994. Xuancheng Labor Camp, Anhui province. 418. Thupten Kunphel: A monk of Drepung 448. Tsetse: Age: 47. A monk of Bu Gon 3. Fan Zhi: Arrested after August 1991. monastery. Arrested March 20, 1992. Cur- monastery. Arrested January 13, 1994. Cur- 4. Ge Xinliang: Age: 27. Arrested August 25, rently held in Gutsa prison. rently held in Chamdo prison. 1993. Sentenced without trial to two years’ 419. Thupten Monlam: Age: 20. A monk of 449. Tsultrim Donden: Age: 23. A monk of ‘‘reform through labor.’’ Dunbu monastery. Arrested August 8, 1992. Drepung monastery. Arrested May 12, 1992. 5. Guo Mengshan: Age: 41. Arrested July 20, Sentenced to up to 10 years in prison. Cur- Sentenced to 4 years in prison. Currently 1993. Sentenced without trial to three years’ rently held in Drapchi prison. held in Drapchi prison. ‘‘reform through labor.’’ Reportedly held at 420. Thupten Phuntsog: Age: 26. A monk of 450. Tsultrim Gyaltsen: Age: 23. A monk of Xuancheng Labor Camp, Anhui province. Rame monastery. Arrested June 22, 1992. Sungrabling monastery. Arrested July 5, 6. Jiang Huaifeng: Age: 61. Arrested late Sentenced to 5 years in prison. 1993. September 1994. Sentenced to two years’ ‘‘re- 421. Thupten Tsering: Age: 25. A monk of 451. Tsultrim Nyima: Age: 21. A monk of education through labor.’’ Currently de- Sera monastery. Arrested May 19, 1993. Cur- Ganden monastery. Arrested May 1992. Cur- tained at Xuancheng Coal Mine Labor Re- rently held in Seitru prison. rently held in Gutsa monastery. form Camp in southern Anhui. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7285 7. Leng Zhaoqing: Arrested after August Currently held at Henan Provincial Prison Sentenced to five years’ imprisonment. Held 1991. No. 3, Yuzian. in an unknown location. 8. Li Haochen: Arrested September 1993. 38. Xu Yongze: Age: 52. Arrested April 16, 59. Zhou Wenxia: Arrested May or June Reportedly sentenced to three years’ ‘‘re- 1988. Sentenced to three years’ imprison- 1992. Sentenced to two years’ ‘‘reeducation form through labor.’’ Originally held in ment. Released May 20, 1991. Remains under through labor.’’ Should have been released in Mengcheng county prison, but current strict police surveillance and is reportedly 1994 but no release has been reported or con- whereabouts are unknown. forced to report periodically to the local firmed. 9. Liu Wenjie: Arrested July 20, 1993. Public Security Bureau. 60. Pei Zhongxun: (Korean name: Chun Length of sentence unknown. Reportedly de- 39. Xue Guiwen: Age: 38. Arrested July 9, Chul) Age: 76. Ethnic Korean. Arrested Au- tained in Xuancheng Labor Camp, Anhui 1983. Sentenced to six years’ imprisonment gust 1983. Sentenced to 15 years’ imprison- province. and deprived of political rights for 5 years. ment. Currently held in Shanghai Prison No. 10. Wang Yao Hua: Age: early 30s. Arrested Released, but still deprived of political 2. 1993. Sentenced to three years’ ‘‘reeducation rights. 61. Xie Moshan: (Moses Xie) Age: early 70s. through labor.’’ 40. Zhao Donghai: Sentenced in 1982 or 1983 Arrested April 24, 1992. Released July 23, 1992 11. Wang Dabao: Arrested after August to 13 years’ imprisonment. but movements are severely restricted and 1991. 41. Xu Fang: Age: 21. Arrested September he is required to report periodically to the 12. Xu Hanrong: Arrested after August 1991. 1993. local Public Security Bureau. Mail is regu- 13. Yang Mingfen: Arrested after August 42. Chen Xurong: Arrested in May or June larly intercepted and read by local authori- 1991. 1992. Sentenced to three years’ ‘‘reeducation ties. 14. Xu Fanian: Age: 51. Arrested late Sep- through labor.’’ Currently held in Wangcun, 62. He Chengzhou: Reportedly had a bounty tember 1994. Sentenced to two years’ ‘‘reedu- Zibo, Shandong province. for his capture (dead or alive) placed on his cation through labor.’’ Currently detained in 43. Fan Zueying: Arrested May or June head in early 1992. Xuancheng Coal Mine Labor Reform Camp, 1992. Sentenced to two years’ ‘‘reeducation 63. Lalling (given name unknown): Report- southern Anhui. through labor.’’ Currently held in Wangcun, edly being held in the Yunan State Prison 15. Zheng Shaoying: Arrested after August Zibo, Shandong. Should have been released near the Burmese border. 64. Nawlkung (given name unknown): Re- 1991. in 1994 but no release has been reported or portedly being held in the Yunan State Pris- 16. Zhang Guanchun: Arrested after August confirmed. on near the Burmese border. 1991. 44. Li Qihua: Arrested May or June 1992. 65. Wang Jiashui: Reportedly had a bounty 17. Zhang Jiuzhong: Arrested in 1993. Sen- Sentenced to three years’ ‘‘reeducation for his capture (dead or alive) placed on his tenced to two years’ ‘‘reform through labor.’’ through labor.’’ Currently held in Wangcun, head in early 1992. 18. Zheng Lanyun: Arrested July 20, 1993. Zibo, Shandong. Reportedly detained in Xuancheng Labor 45. Li Cuiling: Arrested May or June 1992. Mr. HAMILTON. Mr. Speaker, I yield Camp, Anhui province. Sentenced to three years’ ‘‘reeducation myself 5 minutes. 19. Gou Qinghui: Arrested June 3, 1994. De- through labor.’’ Currently held in Wangcun, Mr. Speaker, I rise in strong support tained in Beijing. Zibo, Shandong. of the resolution. What the resolution 20. Wang Huamin: Arrested June 3, 1994. 46. Liu Limin: Arrested May or June 1992. does is, it enables us to voice our very Detained in Beijing. Sentenced to two years’ ‘‘reeducation serious concerns about various Chinese 21. Wu Rengang: Arrested June 3, 1994. De- through labor.’’ Should have been released in policies and actions, while at the same tained in Beijing. 1994 but no release has been reported or con- 22. Xu Honghai: Arrested June 3, 1994. De- firmed. time underscoring our desire for a good tained in Beijing. 47. Liu Ping: Arrested May or June 1992. Chinese-American relationship. 23. Chen Zhuman: Age: 50. Arrested Decem- Sentenced to three years’ ‘‘reeducation I want to try to put this United ber 14, 1991. Sentenced without trial to three through labor.’’ Currently held in Wangcun, States-China relationship into context. years’ ‘‘reeducation through labor.’’ Re- Zibo, Shandong. That relationship is of enormous imported detained in a prison in Quanzhou, 48. Qin Zingcai; Arrested May or June 1992. portance to the United States and to Fujian. Sentenced to three years’ ‘‘reeducation international peace and security. It is 24. Han Kangrui: Age: 48. Reportedly de- through labor.’’ Currently held in Wangcun, a very complex relationship, and it is tained in Longtian town detention center. Zibo, Shandong. 25. He Xianzing: Age: 53. Arrested Decem- 49. Sun Faxia: Arrested May or June 1992. extremely difficult to manage. We have ber 23, 1993. Reportedly detained in Jiangjing Sentenced to two years’ ‘‘reeducation very tough disagreements and issues town detention center. through labor.’’ Should have been released in with the Chinese on human rights and 26. Lin Zilong: Age: 81. Arrested December 1994 but no release has been reported or con- nonproliferation and trade. It seems to 23, 1993. Reportedly held in administrative firmed. me what we in the Congress ought to detention in Fuqing police station jail. 50. Sun Fuqin: Arrested May or June 1992. be doing is helping the President man- 27. Yang Xinfei: Age: 67. Under police sur- Sentenced to two year’s ‘‘reeducation age that difficult relationship. We veillance. through labor.’’ Should have been released in should not make that relationship 28. Bai Shuqian: Arrested 1983. Sentenced 1994 but no release has been reported or con- to 12 years’ imprisonment. Reportedly de- firmed. more difficult. tained in Kaifeng, Henan. 51. Sun Jingxiu: Arrested May or June 1992. Let me be very blunt about it. Good 29. Du Zhangji: Arrested 1985. Sentenced to Sentenced to two years’ ‘‘reeducation Chinese-American relations are very eight years in prison. Not known to have through labor.’’ Should have been released in much in the interest of the United been released. 1994 but no release has been reported or con- States for several reasons. 30. Geng Menzuan: Age: 65. Arrested July 9, firmed. China, already the largest country in 1983. Sentenced to 11 years in prison and five 52. Wang Guiqin: Arrested May or June the world, now possesses one of the years deprivation of political rights. 1992. Sentenced to three years’ ‘‘reeducation world’s largest economies as well. As a 31. He Suolie: Arrested 1985. Sentenced to through labor.’’ Currently detained in permanent member of the United Na- five years in prison. Not known to have been Wangcun, Zibo, Shandong. released. 53. Wu Xiuling: Arrested May or June 1992. tions Security Council, China is not 32. Kang Manshuang: Arrested 1985. Sen- Sentenced to three years’ ‘‘reeducation only a key country in Asia but has a tenced to four years in prison. Not known to through labor.’’ Currently held in Wangcun, significant impact on United States ef- have been released. Zibo, Shandong. forts to resolve an array of problems 33. Pan Yiyuan: Age: 58. Arrested February 54. Yang Zhuanyuan: Arrested May or June far removed from Asia. China is one of 2, 1994. Reportedly detained in Zhangzhou 1992. Sentenced to three years’ ‘‘reeducation the world’s five acknowledged nuclear Detention Center. through labor.’’ Currently held in Wangcun, weapons states. United States efforts 34. Qin Zhenjun: Age: 49. Arrested July 9, Zibo, Shandong. 1983. Sentenced to nine years’ in prison. Re- 55. Zheng Jikuo: Arrested June 1992. Sen- to halt the spread of weapons of mass portedly released but movement is restricted tenced to 9 years’ imprisonment. Held in an destruction can succeed only if China and remains under police surveillance. unknown location. cooperates with us and the rest of the 35. Song Yude: Age: 40. Arrested July 16, 56. Zheng Yunsu: Arrested June 1992. Sen- international community. 1984. Sentenced to eight years’ imprison- tenced to 12 years’ imprisonment. Reported China has the world’s largest stand- ment. Released April 1992 but still deprived held at the Shengjian Motorcycle Factory ing army whose capabilities have been of political rights. labor camp near Jinan city. significantly enhanced in recent years. 36. Wang Baoquan: Age: 67. Arrested July 9, 57. Zheng (given name unknown): Son of Stability throughout East Asia de- 1983. Sentenced to six years’ imprisonment. Zheng Yunsu (No. 56). Arrested June 1992. Reportedly released but still denied political Sentenced to five years’ imprisonment. Held pends in large measure on Chinese in- rights. in an unknown location. tentions and objectives which are 37. Wang Xincai: Age: 31. Arrested July 9, 58. Zheng (given name unknown): Son of themselves in part a function of 1983. Sentenced to 15 years’ imprisonment. Zheng Yunsu (No. 56). Arrested June 1992. Beijing’s ties with Washington. H 7286 CONGRESSIONAL RECORD — HOUSE July 20, 1995 On the economic front, American ex- from Indiana for his excellent state- more pluralistic and democratic politi- ports and American jobs are dependent ment and for his help. cal process. That, in turn, will inevi- upon good relations with China. Last Mr. Speaker, I yield 3 minutes and 30 tably lead to a greater respect for year we sold $9 billion worth of goods seconds to the gentleman from Arizona human rights and personal liberty. to China. These exports supported [Mr. KOLBE], one of the great experts in There are examples previously men- 180,000 high-wage American jobs. We ig- the Congress of the United States. tioned that support this proposition. nore the affairs of Asia and China at Mr. KOLBE. Mr. Speaker, by now it One concrete result of economic liber- our peril. Three times in the past half is apparent that the United States- alization in China is the way that it century, young American men and China bilateral relationship is in the has spawned a parallel civil justice sys- women have laid down their lives in worst shape it has been in at least a tem based on the rule of law, rather Asian wars. It is impossible to envision decade and continues in a downward than rule by law. While some may a coherent Asian policy for the United spiral. The Chinese—in the throes of a question whether increasing the num- States without a policy of continual prolonged leadership transition—have ber of lawyers in China is true reform, engagement with China. The United done little to stem the deterioration. I would argue that it is if the contract States will be greatly handicapped in The prolonged detention of Harry Wu, law that develops and other legal re- promoting its interests in Asia unless an American citizen, is unwarranted forms lead to parallel development of we enjoy at least a decent relationship and all of us condemn it. With our vote law that protects human rights. Will with the Chinese. on this bill today, we have an oppor- it? None of us can say with certainty, That is what this resolution is all tunity to send a strong message to the but history suggests that it will. about. It is supported by both those Chinese that such actions are repug- Revocation of trade with China who support MFN for China and those nant to the American commitment to would almost certainly retard—not who oppose MFN. But for the first time human rights and our sense of justice. promote—the cause of human rights in in 6 years, this House is able to speak Thus, I enthusiastically urge my col- China. United States economic sanc- on China with a single voice, and that leagues to support H.R. 2058. tions would harm the emerging Chinese is a highly welcome development. This bill, the China Policy of 1995, private sector and the dynamic mar- When we frequently hear in this condemns the actions of the Chinese ket-oriented provinces in southern country conflicting signals about our Government on issues such as its con- China, which depend on trade. This views on China, there can be no mis- tinued violation of internationally-rec- would weaken the very forces in Chi- understanding how this House feels ognized standards of human rights and nese society pressing hardest for re- about China and the resolution puts it nuclear nonproliferation as well as its forms. We must not undermine the forward very clearly. discriminatory and unfair trade prac- brave efforts of reform-minded Chinese We believe China is a terribly impor- tices. It directs the administration to who have come to depend on economic tant country with a bright future. We pursue intensified diplomatic initia- hope to have cordial relations with the opportunity as a means of ultimately tives to persuade China to alter its achieving political freedom in China. people of China and with their govern- policies. ment. Nonetheless, there are a lot of Lasting reform in China can only be Just as important, and unlike the an- driven from within. We must continue actions by the Chinese Government nual efforts to revoke China’s most-fa- that cause us grave concern. We must to work toward that end. vored-nation trade status, this bill does The United States-China relationship balance multiple interests when we not jeopardize our political and eco- deal with China: Promoting human is very complex. There is no country on nomic relationship in a way that could this globe that has brought more fas- rights and democracy, securing China’s well prove counterproductive for both strategic cooperation in Asia and the cination or caused greater aggravation nations and undermine our ability to to Americans than China, but none of United Nations, controlling prolifera- cooperate with China on critical nation of weapons of mass destruction, us doubt the potential for good in this tional security issues, such as nuclear expanding United States economic ties. world that will flow from improved po- proliferation issues in North Korea. An engagement with China, rather litical and economic relations. Today, I am proud to be an original cospon- we agonize over how we can promote than isolation, is most likely to pro- sor of this legislation. It is important mote those varied United States inter- human rights in China, advance peace that we let Beijing know its abhorrent in Asia, and protect our own national ests. That is the message this resolu- human rights, nuclear proliferation, tion conveys. security interests in that region. But, and trade actions will not go unno- I suspect none of us are pleased with in this debate, let us not lose sight of ticed. However, at the same time, we every single clause in the resolution. the common goals which should unite But on balance, I believe this resolu- must also help those within China in- all of us. tion does an admirable job reconciling tensify the pressure now building for Again, I urge my colleagues to vote the various points of view of Members. political and social change. ‘‘yes’’ on H.R. 2058. I believe that we can accomplish this There are many in this Chamber who b 1215 deserve high praise for their work on and promote human rights in China by this: The gentleman from Nebraska engaging them increasingly in trade Mr. BEREUTER. Mr. Speaker, it is [Mr. BEREUTER], the gentleman from and economic relations. This policy re- my pleasure to yield 2 minutes to my California [Mr. DREIER], the gentleman quires extension of MFN. That is not a neighbor, the gentleman from Iowa from California [Mr. MATSUI], the gen- contradiction of terms or of policy. The [Mr. LIGHTFOOT], a subcommittee tleman from Virginia [Mr. WOLF], the best foreign policy tools available to us chairman of the Committee on Appro- gentlewoman from California [Ms. to encourage political reform abroad priations. PELOSI], and many others. I commend are policies that promote capitalism Mr. LIGHTFOOT. Mr. Speaker, I rise them for their work. and economic opportunity. Such poli- today in support of the alternative bill This resolution is good for America. cies are powerful levers for political offered by Mr. BEREUTER and in opposi- It is good for American interests. It change precisely because they are pow- tion to House Joint Resolution 96. places the House of Representatives erful levers for economic change. That I think everyone agrees that improv- clearly on the side of economic and po- is a policy that has worked success- ing human rights in China is a priority, litical reform in China, while recogniz- fully in such diverse countries as South and I know people on both sides of this ing that the best way to encourage Africa, Korea, Taiwan, and Chile. issue are eager to see the end of human that reform is through a policy of en- Our foreign policy toward China rights violations in China. But, while gagement. should embrace tools of reform and this is an important issue for the Unit- I urge my colleagues to vote ‘‘yes’’ change—not condition them. These are ed States to pursue, it is not the only on the Bereuter resolution. precisely the tools we can use to pro- issue at stake and I firmly believe we Mr. Speaker, I reserve the balance of mote the evolution of Chinese society will not and cannot improve human my time. so that its people can press for political rights by revoking MFN. Mr. BEREUTER. Mr. Speaker, I reform from within. They are the tools As you know, on May 26, 1994, Presi- thank the distinguished gentleman to stimulate Chinese society to adopt a dent Clinton announced his decision to July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7287 delink human rights issues in China But I also believe that we must be Ms. DUNN of Washington. Mr. Speak- from the extension of MFN. By Execu- frank and forceful when we disagree er, I thank the gentleman for yielding tive order, later endorsed by Congress, with the policies of the Chinese Gov- time to me. the President proposed a policy of ernment. The bill put forth by Mr. BE- Mr. Speaker, I rise in support of the broad, comprehensive engagement with REUTER and Mr. HAMILTON accom- Bereuter-Wolf bill, which sends a China. plishes both goals, and I urge my col- strong, and appropriate, message to The President’s decision, which I leagues to support the legislation. China without jeopardizing United fully support and applaud, recognizes Mr. HAMILTON. Mr. Speaker, I yield States national interests or United the fact that denying China MFN sta- 2 minutes to the distinguished gentle- States workers. tus will not prompt Chinese leaders to woman from California [Ms. ESHOO]. China’s continued human rights improve human rights conditions. In Ms. ESHOO. Mr. Speaker, I rise in abuses are an unavoidable issue in the short term, it will only harm the support of H.R. 2058, the Bereuter-Wolf United States-China relations. We economies of both the United States bill which sets forth a clear policy on Americans care deeply about certain and China. In the long term it would China by the Congress, and requires inalienable rights. However, linking give European and Japanese businesses the President to report back to Con- trade policy to these concerns by new a competitive advantage, allowing gress every 6 months on the progress threats to withdraw MFN for China’s shortcomings would be highly counter- them greater access to the China’s China is making toward achieving de- productive to our long-term national huge market of 1.2 billion people. mocracy as we reward them with MFN interests and to the release of Mr. Mr. BEREUTER’s bill offers a construc- status. tive alternative for all of us who have Harry Wu. It sets forth international standards Our Nation’s trading practices and serious concerns about human rights, of conduct on nuclear proliferation, weapons proliferation, abuse of Amer- policies have been the subject of lively international standards on human debate in America since the birth of ican citizens in China, and other criti- rights, and the lack of access to their cal issues between the United States our Nation. And on this particular markets. question—MFN for China—we have and China. I am pleased to support this Last year Members of Congress were bill, and urge the administration to act wrestled for years. told that the provision of most favored The China MFN issue has been hung quickly and earnestly to fulfill its re- nation [MFN] for China would give an up on two competing policy goals: Is quirements. If we treat China as an incentive to Chinese leaders to be re- our goal to maximize our own United enemy, it will react as an enemy. Keep- sponsible with respect to how they States jobs? Or is it to make the cause ing our eye on the big picture is key to treat their citizens and address the of human rights primary as a means to a successful relationship. A little tough trade deficit. achieving our best long-term interests? love never hurt anyone. Since then, thousands of Chinese The answer, I believe, is both. The Mr. HAMILTON. Mr. Speaker, I yield have been wrongfully imprisoned and goals are not mutually exclusive. 1 minute to the distinguished gen- persecuted and the Chinese leadership For instance, I believe all of us can tleman from Texas [Mr. BENTSEN]. has continued to prevent freedom of as- agree that compassion for the suffering Mr. BENTSEN. Mr. Speaker, I thank sociation, speech, and religion. in China is useless if our policy has no the gentleman for yielding time to me. Although China is going through po- effect other than to put our own people Mr. Speaker, I rise in support of a out of work. We have made no dif- policy of frank and constructive en- litical and social changes, its leaders must know that the United States ference in the life of those suffering gagement with China and its 1.2 billion overseas while only increasing the citizens. I believe this policy can best stands firm in our defense of the basic principles upon which our democracy numbers of those suffering here at be carried out both by renewing Chi- home. na’s most favored nation trading status was founded—freedom of speech, freedom of religion, and freedom of affili- Mr. Speaker, I believe, these criteria and by approving the legislation before must become our compass. We should us expressing strong disapproval of ation. The detention of Harry Wu, an American citizen and a Hoover Insti- extend MFN to a nation if: They allow China’s human rights abuses. I com- U.S. investors and advisors in, the rule mend the Members involved in this de- tute scholar from Stanford University, which I am privileged to represent, and of law is advancing in that country, a bate for coming together for a policy multilateral action is unattainable or which is good for the Chinese people a globally recognized human rights leader is the most recent example of unsustainable, or we have that nation’s and America. assistance on a critical geopolitical Like many of my colleagues, I am how oppressive the Chinese Govern- ment is. issue. frustrated by the Chinese Govern- Conversely, we should deny MFN sta- ment’s lack of progress toward democ- This resolution addresses the signifi- tus to governments abusing their peo- racy and respect for the rights of its cant economic inequities which exist ple only if an effective multilateral ac- own people. I am angry about the de- between our two countries. In 1989 the tion is doable and the U.S. can expect tention of Harry Wu, and I join the ad- trade deficit was $6 billion; today it is no help from that government on other ministration and my colleagues in con- closer to $40 billion. Our trade deficit critical geopolitical issues, if they do demning the detention of this Amer- with China will exceed our trade deficit not allow U.S. employers or advisors ican citizen in the strongest possible with Japan in the next few years if we into their country, and if they do not terms, and demanding his immediate do not forge a clear policy to deal with respect the rule of law. release. it. Mr. Speaker, the genius of the Bereu- But I believe it would be a mistake to But the most valuable export our ter-Wolf bill is that we give full voice isolate China from the world commu- great Nation has is democracy and the to our American concerns for human nity through actions such as denial of best lesson in democracy we can give rights without self-defeating linkage to MFN. China is experiencing tremen- the world are the standards upon which trade policy. That is the appropriate dous turmoil. Its government is in our democracy rests and celebrates. response, and I want to thank both Mr. transition. Its market economy contin- I urge my colleagues to support the BEREUTER and Mr. WOLF for crafting ues to expand, which I believe will lead Bereuter-Wolf bill, which will send a this solution. to an inevitable clash between the free- strong and clear message to the Chi- Mr. HAMILTON. Mr. Speaker, I yield dom of the market and the lack of free- nese leadership that the Congress of 3 minutes to the distinguished gentle- dom in China’s political system. We the United States insists on these val- woman from Connecticut [Mrs. KEN- must do everything we can to ensure ues in return for granting most-fa- NELLY]. that when that clash occurs, freedom vored-nation status. Mrs. KENNELLY. Mr. Speaker, I rise wins—freedom in the marketplace and Mr. BEREUTER. Mr. Speaker, it is today in support of the Bereuter-Wolf- freedom at the ballot box. my pleasure to yield 21⁄2 minutes to the Pelosi bill. I commend these sponsors I believe that constructive economic gentlewoman from Washington [Ms. for their commitment to this issue and engagement with the people of China DUNN], who has been very active on willingness to reach compromise lan- will encourage such freedom. trade issues. guage. H.R. 2058 sends a strong signal H 7288 CONGRESSIONAL RECORD — HOUSE July 20, 1995 that this Chamber is deeply concerned tionship and would remove one of our Mr. HASTINGS of Florida. Mr. about certain and specific activities most successful means of influence in Speaker, I yield 1 minute to the distin- currently occurring in the People’s Re- China to date. guished gentleman from Massachusetts public of China. In addition to human Again, I commend my colleagues for [Mr. NEAL]. rights issues, this bill addresses our reaching agreement and putting forth Mr. NEAL of Massachusetts. Mr. diplomatic relationship and other this language. I urge my colleagues to Speaker, it is once again the time of pressing issues such as weapons pro- support this measure and maintain year we discuss the renewal of MFN for liferation prison labor and unfair trade MFN for China. China. In the past, we have attempted practices. Mr. BEREUTER. Mr. Speaker, it is to link human rights to the renewal of All of us on this floor today share my pleasure to yield 2 minutes to the MFN. Last Congress, we made the deci- deep concerns about the continuing gentleman from North Carolina [Mr. sion to renew MFN and to pursue other problems related to the rights and FUNDERBURK], a member of the Com- courses of action to improve human treatment of Chinese citizens. I re- mittee on International Relations and rights in China. cently signed a letter with over 70 of a former Ambassador. At this point in time, it would be my colleagues—from both sides of the Mr. FUNDERBURK. Mr. Speaker, I counterproductive to revoke MFN sta- aisle—calling on China’s Premier to may have to be the only person in the tus for China. Economic liberalization immediately release Mr. Harry Wu. House to have to say this and do this, is a key element for improving human Each year we debate the issue of but having lived 6 years in a harsh rights. The opening of the markets in China and more specifically the exten- Communist dictatorship, I cannot si- China will provide higher wages and a sion of most-favored-nation status to lently stand by and do nothing. When better way of life for Chinese citizens. China [MFN]. At this juncture, I have you have witnessed pastors and priests Usually, improved economic conditions never believed that disapproving exten- being killed, churches being bulldozed, help improve human rights. sion of MFN would improve conditions and Bibles being turned into toilet American businesses conducting in China. paper, you learn how not to deal with business in China should set an exam- For many years, it has been my fear Communist dictators. ple. We need to be leaders on the issue that failure to extend MFN would sig- Mr. Speaker, the legislation before us of human rights. Our businesses need nificantly weaken our political and is just what Beijing ordered. Here we to be a model of excellence on human economic position with the central have legislation filled with tough- rights. Human rights is an extremely impor- government in China. China’s economic sounding but meaningless threats. This tant issue. Basically, it is the dignity growth is booming. Its economy is ex- has a laundry list of demands from the of an individual. I commend Congress- pected to double by the year 2000 and Beijing Communists, ranging from ask- men BEREUTER and HAMILTON for intro- will be the biggest economy into the ing the President to undertake new ini- ducing H.R. 2058. This legislation re- next century. Recent growth has been tiatives to persuade the Chinese to minds China that we have not forgot- driven by private- and foreign-owned treat their people humanely to asking ten about their current human rights enterprise surpassing state-run enter- them to stop their accelerating mili- situation. prises plagued by performance and fi- tary expansion. This measure demands the imme- nancial problems. Economic reforms I ask, Mr. Speaker, when has any diate release of Harry Wu. In addition, aided by foreign investment and exper- Communist regime responded to friend- the legislation recognizes various areas tise have rerouted economic power ly requests to change its behavior? in which China has made human rights from state-run industry. Change is oc- Pass the Bereuter bill and all Members violations. This legislation requires the curring everywhere. One can see clear- will hear from the Communist will be President to take action to improve ly the successes of United States in- the laughs of doddering old rulers who the situation. The President will be re- vestment particularly in southern will once again have put one over on quired to report his progress within 30 China and its spreading. Due to its Uncle Sam. This bill will not free one days of enactment. high rate of growth, China will need to dissident, it will not close one slave I urge you to support this legislation. replace its aging infrastructure. The camp, it will not stop the purchase of This legislation states that human potential market for high technology one new Soviet-made submarine. As rights is still a priority. and services, for example, is enormous. the philosopher said, this is nonsense Mr. BEREUTER. Mr. Speaker, I yield China will need to purchase power gen- on stilts. 11⁄2 minutes to the gentleman from erating equipment, aerospace and tele- Washington [Mr. WHITE], who has al- b 1230 communications equipment to name a ready become very active on trade is- few. And we should be there. The deal worked out, with the pos- sues in the Congress. Already we have seen shifts in the sible exception of Radio Free Asia is Mr. WHITE. I thank the gentleman dynamics of China’s Government struc- meaningless. We ask, we request, we for yielding me the time. ture. Central government control over hope, we dream. Let’s get real. Mr. Speaker, my district overlooks the daily lives of Chinese citizens is Where is the enforcement mecha- both sides of the shipping lanes of weakening as economic liberalization nism? There is none. MFN aid goes to Puget Sound. It is one of the biggest has led to greater autonomy, expansion Communist elites who line their pock- trading districts in the United States. of basic freedoms, and improved stand- ets. It never goes to the people. MFN China is our biggest trading partner. ards of living for Chinese citizens. perpetuates the Communist dictator- Every year there are billions of dollars China is currently undergoing domes- ship in power. An engagement policy coming into my district because of tic change both politically and eco- did not bring about the fall of com- trade with China. nomically. Furthermore, the United munism. Engagement via MFN keeps But, Mr. Speaker, that is not a good States-China relationship is clearly in the Communist elites in power and per- enough reason for me to vote for most- transition. But that should not pre- petuates persecution, murder, and favored-nation status for China. We clude us from pursuing engagement gulags. should not sell the Chinese people into with the Chinese at all levels. It was building up U.S. defense and slavery just to bring trading profits Clearly, advancing human rights U.S. determination, peace through into our district. must remain a priority of U.S. foreign strength, SDI that won the cold war, Mr. Speaker, the reason to vote for policy. The United States-China trade not appeasement, not engagement, not this bill is because it is the only way to relationship has increased the exposure stability, rhetoric. You do not stop dic- bring the Chinese people out of slavery. of the Chinese people to Western cul- tatorships by preemptively caving in to We have seen plenty of examples of tural influences and business prin- their demands. that in recent history. In Eastern Eu- ciples. Trade and investment are part Unfortunately, they do not talk or rope, in Tiananmen Square, it is only of a greater effort to promote long- act tough at Foggy Bottom. As Senator after expanded contacts with the West term progress toward political plural- Richard Russell said, we need an Amer- that we see the people themselves ris- ism and democracy in China. To revoke ican desk at the State Department and ing up and demanding human rights MFN would sever our economic rela- in the U.S. Government. from their own governments. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7289 Mr. Speaker, it is the fax machine, 2058, the China Policy Act introduced we have to put up with the misguided not the trade sanction, that freed East- by our colleague from Nebraska and conduct of the Chinese? How long? ern Europe, and it is the fax machine, the chairman of the East Asian Sub- Well, just as long as we put up with it. not the trade sanction, that will free committee, Mr. BEREUTER. We have all the leverage in our hands. China. With the end of the cold war in Eu- We have a $29 billion trade deficit I ask my colleagues, do not vote for rope and the transformation of Russia with China, the second largest trade this bill because it is going to bring into a democratic government with an deficit with any country in the world. trading profits to the United States. open market economy we must now This year we are having a huge trade Vote for this bill because it is the best turn our attention to China with the deficit, the largest in American his- way, really the only way, to bring free- intent of achieving the same results. tory. We buy most of their exports. In dom, human rights, and prosperity to The emergence of China as a great fact, half of the Chinese exports come the Chinese people. political and economic force and a nu- right here to the United States, to the Mr. HASTINGS of Florida. Mr. clear super-power poses an enormous detriment, I may say, many times of Speaker, I yield 2 minutes to the dis- challenge to this nation both strategi- our workers and to the detriment of tinguished gentleman from Indiana cally and economically. The need for our trade deficit. [Mr. ROEMER]. the United States to develop an open, We have all the leverage. We have all (Mr. ROEMER asked and was given aggressive, cohesive, and consistent the chips. The question is, do we have permission to revise and extend his re- policy toward Beijing is of paramount the will? Maybe if we had a little reci- marks.) importance. procity before, a little tit-for-tat be- Mr. ROEMER. Mr. Speaker, it is said This is not to say we should close our fore, we would not have to pass this that the definition of a successful life eyes or turn a deaf ear to the unaccept- bill today. Mr. Wu would be here; an is helping one person breathe easier. In able behavior of the regime in Beijing. American citizen would be here in the those terms, I think Harry Wu is a hero Clearly, their poor human rights United States where he belongs. because he has breathed life into a na- record, their recent military actions This bill sets forth what we expect tion, into China, with his courage to with respect to the Spratly Islands, from China. The President will report, fight against the human rights abuses their sale of M–9 missiles to Pakistan as I interpret this bill, every 6 months over there. on the initiative in 8 areas. We must be As a strong supporter of MFN, I and perhaps Iran, their unwillingness to renounce the use of force against the faithful to the goals and the commit- strongly condemn the Chinese Govern- ments that we have as a Nation. I ment for incarcerating Mr. Wu. I call Republic of Taiwan, and the recent jailing of American citizen, Harry Wu, think this bill helps focus on that. on the Chinese to unconditionally and I hear others tell us that China is a defies every international norm and immediately release Mr. Wu from pris- giant but that we are unwilling to standard governing missile prolifera- on. This is important to strong sup- confront a China today. I do not think tion, the use of military force, and porters of MFN, to opponents of MFN, that is the case. I think we are willing and to the American people. I hope the human rights. to stand up for what we believe in. I However, denying most-favored-na- Chinese people and government are lis- think this bill helps us do that. tening. tion status at this time is not the way After all, we have to have the cour- We will continue to work on this for to actively engage the Chinese and to age of our convictions. A great writer hours and days and weeks after this encourage reform, openness and respect wrote, ‘‘Hope is lost, much is lost. resolution. With this in mind, Mr. for international standards of behavior. Courage is lost, all is lost.’’ That is Speaker, it is important to note from The expression of our concern is what why I think this bill is the right ap- Madison to Kissinger and Nixon, our H.R. 2058 attempts to do. It says that proach. It is a measured approach. foreign policy is not based upon one we in this Congress do not accept Chi- This bill sets forth, I think, the right person but on 3 pillars: on human na’s current behavior and that we call temper, the right approach, and I rights, on economic interests, and on on the President to intensify diplo- would hope that other people would en- national security interests. matic efforts to encourage China to dorse it and vote for this bill because I When we combine all three of those, moderate its intolerable internal think it is the best approach, the right I think we have a compelling case that human rights policies and to respect direction for America to take in these we must continue to engage the Chi- external international norms. times. nese, to push them and leverage them I believe open dialog and continued Mr. HASTINGS of Florida. Mr. toward human rights improvements, diplomatic and economic contact is the Speaker, I yield 4 minutes to my friend toward opening their markets, because best way to provide the United States and colleague the distinguished gen- it is in our interests, our human rights the opportunity to promote internal tleman from California [Mr. LANTOS]. interests, our economic interests and economic reform, political liberaliza- Mr. LANTOS. Mr. Speaker, I thank our middle-class job interests. Who is tion, and respect for human rights in my good friend, the gentleman from going to sell the next semiconductor China. Without this constructive en- Florida, for yielding me the time. computer chip to the Chinese? Are we gagement, China is less likely to move Mr. Speaker, this House is united in just going to tell the Japanese they toward the role of the responsible wanting to have good relations with can have that market? Who is going to world power we would like China to be- China. This House is united in rec- sell the next high-definition television? come. ognizing how important China is. But It is going to be an American high-defi- I urge the Members to vote for H.R. this House is divided in deciding how nition television produced in America, 2058 and against the resolution of MFN we can see to it that China’s abomi- and we are going to get the benefit by disapproval. nable human rights policy, China’s that. Mr. BEREUTER. Mr. Speaker, I yield continued sale of weapons of mass de- I thank the gentleman from Ne- 3 minutes to the distinguished gen- struction to highly questionable coun- braska [Mr. BEREUTER] and the gentleman from Wisconsin [Mr. ROTH], tries, and China’s one-sided trade pol- tleman from Indiana [Mr. HAMILTON]. who is chairman of the Subcommittee icy with the United States come to an My respect goes out to the gentleman on International Economic Policy and end. from Virginia [Mr. WOLF] and the gen- Trade. There is no dispute that China has tlewoman from California [Ms. PELOSI]. Mr. ROTH. Mr. Speaker, I thank my one of the worst human rights records Mr. BEREUTER. Mr. Speaker, I yield friend from Nebraska for yielding me on the face of this planet. Since human 21⁄2 minutes to the gentleman from the time. I want to congratulate the rights were ‘‘de-linked’’ from the issue California [Mr. GALLEGLY], a distin- gentleman in the chair for the great of giving them most-favored-nation guished and active member of the Com- job he is doing. treatment 1 year ago, human rights mittee on International Relations. Mr. Speaker, I am going to vote for conditions in China have significantly Mr. GALLEGLY. I thank the gen- this bill. This is a good bill. It is not a deteriorated. tleman for yielding me the time. perfect bill, but I think it is the right Thousands of Chinese citizens are im- Mr. Speaker, I rise today, as a co- approach. The question we hear often prisoned in forced labor camps for non- sponsor, and in strong support of H.R. here in Congress is, just how long do violent opposition to the regime. The H 7290 CONGRESSIONAL RECORD — HOUSE July 20, 1995 repression of Tibet continues unabated. distinguished gentleman from Califor- The previous speaker, the gentleman The Chinese Government enforces sick- nia [Mr. ROHRABACHER], a member of from California [Mr. ROHRABACHER], is ening and draconian birth control poli- the Committee on International Rela- a gentleman whose courage and relent- cies of forced sterilization and forced tions. less advocacy for human rights is well- abortions. Mr. ROHRABACHER. Mr. Speaker, I known to this body and I respect him This bill has some redeeming fea- rise in support of H.R. 2058, the Bereu- enormously. I would not be supporting tures. It condemns these human rights ter amendment, which is legislation to this legislation, though, if I thought it violations, but unfortunately it does symbolically stand for democracy and was just a statement. not have teeth. It does not do anything to make a statement about human Mr. Speaker, I think that even before but admonish the Chinese. rights. Unfortunately, statements and we merged our two bills, Mr. BEREUTER To give meaning to our condemna- symbolism are not enough. had strong language in his legislation tion, we have to give our action real We need to make tangible policy de- addressing United States concerns with teeth. The only way to make this con- cisions, as well. And without tangible China and teeth in saying that there is demnation meaningful is to deny MFN policy decisions, statements and sym- a reporting requirement that the Presi- to the Chinese. If you vote for this bill, bolism, as are encompassed in H.R. dent must report to this body on issues as I will, you should also vote for legis- 2058, lack meaning. So I will be sup- regarding trade, human rights and pro- lation to deny MFN to China. porting H.R. 2058, but we must insist, if liferation. Only by taking strong and effective we are sincere in this effort, on having This is all very important. It is a action do totalitarian governments some tangible action as well. change their policies. Economic sanc- In fact, tyrants assume that we do step forward to us. I am pleased with tions against South Africa were the not even mean what we are saying the legislation and it comes at a time, key element in bringing about the end when we make statements and there is a very critical time in China with the of apartheid. We were urged by the pre- no change in policy that follows. We succession that might be likely soon, vious administration not to enact sanc- are confronting today a regime that and also at a time when Harry Wu, an tions, to engage the South Africans in controls China, a dictatorial regime American citizen, a distinguished constructive dialog. that now holds one of our own citizens, scholar, is being held by the Chinese. Harry Wu, as prisoner, but also smash- Mr. Speaker, I hope that our col- b 1245 es the human rights of its own people leagues will support this legislation But it was only after we put sanc- and is more and more becoming bellig- and I hope that the Chinese will release tions on South Africa that the sicken- erent to its own neighbors. Harry Wu soon. ing practice of apartheid ended. We got We are not talking about what we Mr. BEREUTER. Mr. Speaker, it has the attention of the Chinese when this will do and what relations we will have been a pleasure to work with the gen- House voted for my resolution calling with the people of China. All of us want tlewoman from California [Ms. PELOSI], for the Olympic games not be held in to have good relations with the people and she is correct in reminding about Beijing. We got the attention of the of China. We reach out to them. We the reporting requirements and I could Chinese when this House voted for my want good relations with all people of say Radio Free Asia. resolution calling for our Government the world. The question is what will we Mr. Speaker, I yield 2 minutes to the to issue a visa to President Li of Tai- do about this tyrannical regime, this gentleman from Virginia [Mr. WOLF], wan. monstrous oppressor that controls the other gentleman that I worked China is now illegally holding an these people? Will we be on the side of with who has been invaluable in work- American citizen, Harry Wu, who was the people of China, or will we be on ing with me. entrapped by the Chinese in going the side of the oppressor? (Mr. WOLF asked and was given per- there. They gave him the visa, and We will have to do more than sym- mission to revise and extend his re- when he arrived they arrested him. bolism and statements. We must follow marks.) China is selling missile technology. this measure with an elimination of Mr. WOLF. Mr. Speaker, I want to China has a trade surplus of over $30 most-favored-nation status with this again thank the gentleman from Ne- billion with the United States. regime, because we should believe in braska [Mr. BEREUTER], as I did before, There are plenty of other sources of free trade between free people, not free textiles and Barbie dolls and Christmas and thank the gentlewoman from Cali- trade with tyrannies and dictatorships; fornia [Ms. PELOSI]. Both were very tree lights. India and lots of other de- a trade relationship that only bolsters veloping countries would like to sell good. The gentleman from Nebraska those in power and does nothing to fur- was very balanced and Ms. PELOSI was those things to us, but the Chinese ther the cause of democracy. have a $30 billion-plus trade surplus like Margaret Thatcher working for Mr. Speaker, we have seen that in something in London; she never gave with us. this debate over and over again where up. I commend the gentleman from Ne- we have heard the argument that trade Mr. Speaker, I rise in support. I braska [Mr. BEREUTER] and all of my will improve democracy. That does not would hope that there would be a colleagues with whom I had the pleas- work. Let us put pressure on these peo- strong, large vote; that any Members ure of working for improving human ple in Beijing to improve their democ- rights in China for this legislation. but racy and to improve the respect for who have any reservations on each we must not approve this legislation human rights and to release Harry Wu. side, I would hope that they would put believing that this is China policy. Mr. HASTINGS of Florida. Mr. those reservations aside so we can send This is a part of China policy. It lays Speaker, I am privileged at this time a strong bipartisan message. out the problems with China. It pro- to yield 1 minute to the distinguished Third, it puts the Congress on record vides no effective mechanism of en- gentlewoman from California [Ms. for the first time in a united way. forcement. PELOSI], who has coauthored the pend- There are clear objectives. It calls for Mr. Speaker, just as the apartheid ing legislation and has continued to action by the administration. It calls Government of South Africa laughed at bring clarity to this issue. that Radio Free Asia will be estab- us until we provided economic sanc- Ms. PELOSI. Mr. Speaker, I thank lished within 3 months, whereby the tions, so the rulers in Beijing are capa- the gentleman for yielding and his kind people in China can hopefully hear ble of taking rhetoric from this body. remarks. I am only taking 1 minute what is happening in places like in the What they are unwilling to take, and now, because I had the opportunity to U.S. Congress. what we should force them to take, is speak much longer earlier on the rule. It calls for a Presidential report for economic sanctions. I urge my col- Mr. Speaker, I want to once again the first time. If anyone is listening in leagues to vote for this bill, but I also commend the gentleman from Ne- China, it puts the Congress on record urge my colleagues to vote for House braska [Mr. BEREUTER], for his leader- in support of the democracy movement Joint Resolution 96 to deny most-fa- ship and working with the gentleman in China. And is that not a great day vored-nation treatment to China. from Virginia [Mr. WOLF], and with me for those who gave their life in Mr. BEREUTER. Mr. Speaker, it is and with others, to bring together this Tiananmen Square and other places to my pleasure to yield 2 minutes to the compromise. know that the Congress now has given July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7291 its official imprimatur on the democ- mented it, the BBC has documented it, Human of its citizens and says specifically what Con- racy movement? And, as a gentle- Rights Watch/Asia has documented it, Am- gress considers progress in this area. woman from California [Ms. PELOSI] nesty International has documented it, and a It also commends the Chinese people's in- says, it makes a strong statement on Hong Kong newspaper has documented it. I ternal democracy movementÐone of the most Harry Wu. would be happy to share the BBC tape with important provisions in the bill. Mr. Speaker, it is our hope and pray- any Member interested in viewing it. Even a H.R. 2058 has teeth. It requires Radio Free er that the Chinese see that we have Chinese Government official admitted it at a Asia to be on the air in China within 3 months come together; that the one thing they U.N. meeting several years ago. When asked of enactment. Radio Free Asia will promote can do to give a sign of reconciliation now if this kind of despicable behavior occurs, democracy in China and will give democracy would be the release of Harry Wu. the Chinese Government, of course, denies it. reformers and other interested listeners news Mr. Speaker, I rise today in support of H.R. That is not surprising but it does not mean it and information they will not hear from the 2058, the China Policy Act of 1995 sponsored doesn't happen. Government-controlled media. Radio Free Eu- by the distinguished chairman of the Sub- We know that Catholics and Protestants rope was a powerful force in the democratiza- committee on Asia and the Pacific, Mr. BEREU- who dare to worship independently of govern- tion of Eastern Europe and I am convinced it TER. ment control are continually thrown in jail, har- will have the same effect in China. Radio Free H.R. 2058 is a compromise reached after assed, and in some cases beaten by Chinese Asia has been authorized by this body force, several hours of discussions between the gen- security officials. Estimates indicate that there but so far, the U.S. Information Agency has tlewoman from California, Representative are 20±50 million Christians in China who been slow in getting it on the air. This bill PELOSI, the gentleman from Nebraska, Rep- refuse to worship in China's Government- steps up the pace. resentative BEREUTER, and myself. It is a good sanctioned churches. The official Protestant Finally, the bill requires the administration to bill because it garners support from both sides and Catholic churches in China, which com- report to Congress every 6 months on the ac- of the MFN issue and both sides of the aisle. bined, claim a membership of only 10 million, tions taken and the progress made in achiev- I hope it will pass with an overwhelming ma- must use the Government-sanctioned doctrine. ing the human rights and proliferation objec- jority. Passing H.R. 2058 with a unanimous As the Chinese Government becomes more tives outlined in the bill. vote will send a powerful message of concern wary of dissent and unrest in this uncertain Again, this is tough language that requires to the Communist government in Beijing and a period of transition, surveillance on Chinese action. We will be able to look at this issue powerful message of support for the burgeon- Christians has been stepped up. every 6 months and see exactly what has ing Chinese democracy movement. In Tibet, conditions have worsened since we been tried and achieved. We will also see I will say that the U.S. Congress is united in looked at the MFN issue last year. As of April what has not been done. its deep concern about China's treatment of 26 of this year, there had already been more I support H.R. 2058 because it is a building Harry Wu; its continuing human rights viola- political arrests in Tibet in 1995 than there block. It has the support of the major Chinese tions; its violation of international nonprolifera- were in all of 1994. Prisoners have died in the dissident groups and human rights organization standards and its unfair trading practices. past year as a result of mistreatment while in tions. If we pass H.R. 2058, next year we will This is the toughest language on China to prison including a 24-year-old nun. Tibetan be able to ask these questions: come out of Congress in a while and it will monks continue to be thrown in jail or forced Has the Chinese Government taken con- plow new ground. into exile. The Chinese Government has crete steps to dismantle the forced labor Personally, I think that the United States placed restrictive guidelines on Tibetan mon- camps? has no business giving nondiscriminatory asteries and refused repeated requests by the Has the Chinese Government ended coer- trade status to the world's largest Communist Dalai Lama for talks to work out a peaceful cive birth control practices? government. I think revoking MFN is our settlement. Has the Chinese Government ended crack- strongest hook. However, I think it is more im- Now the Chinese Government is holding downs on Catholics and Protestants? portant for our ultimate goal of promoting de- Harry Wu, a brave American citizen and Has the Chinese Government begun to re- mocracy in China to speak with a united voice. human rights activist. He was detained just spect the rights of the people of Tibet? That's why those of us on both sides of the weeks after President Clinton renewed China's Does the Chinese Government allow totally issue have come together around this legisla- MFN status. He is being investigated for the free worship, free press, and freedom of asso- tion. simple crime of speaking the truth about Chi- ciations? The Communist government in China main- na's laogai camps. This arrest is a clear indi- Have political prisoners been set free? tains the world's largest system of slave labor cation that China thinks the U.S. Government Does China adhere to the provisions of the campsÐthe laogaiÐwhich are used as the is weak and more interested in appeasing Nuclear Nonproliferation Treaty and the mis- central cog of repression to harshly stifle dis- business interests than speaking up for what sile technology control regime? sent and break the human spirit. Harry Wu, is right. If the answer to any of these is no, Con- who sits in a Chinese prison right now be- These kinds of abuses are not new in gress will be obligated to act. We will know cause of his commitment to exposing China's China. They have gone on for years while the where to look for progress. laogai system, has documented over 1,000 U.S. Government pursues a weak policy, or I urge my colleagues to vote ``yes'' on the forced labor camps in China. perhaps no policy. President Clinton has been Bereuter bill. China's strict one-child-per-family policy has unwilling to speak out boldly and forcefully and Mr. HASTINGS of Florida. Mr. resulted in gross violations of human rights, in- instead has promised to promote our interests Speaker, I am privileged to yield 2 cluding forced abortion and sterilization. In my through engagement. So far, it's been an minutes to the distinguished gen- office, I have a 40-minute video filmed by a empty promise. Nothing has happened and tleman from Michigan [Mr. LEVIN]. crew from Channel 4 in Great Britain showing I'm not convincedÐand that's saying it nice- (Mr. LEVIN asked and was given per- the dying rooms in China's state-run orphan- lyÐthe administration is doing anything to pro- mission to revise and extend his re- ages where baby girls who become ill are left mote human rights in China. marks.) to die of starvation and neglect. The video Congress as a whole has not spoken out Mr. LEVIN. Mr. Speaker, I rise in also shows the abhorrent conditions in China's boldly and forcefullyÐbut that is about to support of the resolution. I think ev- orphanages where children, mostly girls, are change. eryone here on this floor should be forced to grow up almost totally devoid of nur- H.R. 2058 sets a new standard for progress. proud that we are debating this issue of ture and attention because of China's one- It sets out clear objectives for U.S. policy. human rights in China. Indeed, if all child-per-family policy. It demands the release of Harry Wu imme- the other democracies in this world We know that the Communist government in diately and unconditionally. were having this kind of a debate, I Beijing has sold nuclear weapons and tech- It requires the adherence to international think this situation might be different. nology to Iraq and Iran and M±11 missiles to nonproliferation standards and requires China A major problem with the use of Pakistan. to immediately halt the export of ballistic mis- MFN in this instance is, and has been, We know almost conclusively that the Chi- sile technology and weapons of mass destruc- that we have been alone and other na- nese Government takes the internal organs of tion. tions have not followed suit. Indeed, executed prisoners without consent, young It clearly and unequivocally calls on the they have simply stepped into the vac- men around 20 years old are the preferred do- Clinton administration to intensify diplomatic uum. And so, then the issue is this, I nors, and sells them to foreign buyers for efforts to persuade the Chinese Government think: If we are not going to use MFN, around $30,000 each. Harry Wu has docu- to respect the internationally recognized rights how are we going to be sure that we do H 7292 CONGRESSIONAL RECORD — HOUSE July 20, 1995 not leave a vacuum in several key dicted, through the subsequent shed- considerable success. China signed the areas; human rights, and the critical ding of precious American blood. Nuclear Non-Proliferation Treaty in trade issue? This time, the people we must want 1992 and agreed to join the Missile In the human rights area, I think to serve are locked up in China, a slave Technology Control Regime. It has also this country, the administration, has state. May we pray that what we do in agreed to further discussions with the been taking steps in the right direc- this body serves the one goal we all United States on all aspects of nuclear tion. For example, it forced a vote at want; liberty and freedom for the peo- proliferation, including China’s trade the United Nations recently to con- ple in a slave state. with Iran and Pakistan. We must as- demn China’s human rights record. Mr. HASTINGS of Florida. Mr. sure China meets its international obli- That failed by 1 vote, as I understand Speaker, I yield 2 minutes to the dis- gations. By contrast, cutting off MFN it. And I think today we are calling on tinguished gentlewoman from Califor- will merely isolate that country, end- the administration to continue these nia [Ms. HARMON]. ing a constructive dialogue and imper- efforts in the United Nations; indeed to (Ms. HARMON asked and was given iling the progress that must be made. intensify them. permission to revise and extend her re- The China Policy Act strikes the right In the critical area of trade, as our marks.) balance by letting China know how im- trade deficit with Japan continues to Ms. HARMON. Mr. Speaker, I ask mensely important this issue is to grow, I understand the President is unanimous consent to revise and ex- United States-China relations, without going to announce soon the appoint- tend my remarks. ending MFN, the basis for those rela- ment of a commission to look into Mr. Speaker, I rise in strong support tions. Asian Pacific trade and investment of H.R. 2058, the China Policy Act, and Mr. Speaker, China has a long way to policies. We need to confront, with in opposition to House Joint Resolu- go toward recognizing the rights of its China, trade issues as we did intellec- tion 96, the MFN disapproval resolu- citizens. Harry Wu must be freed. But tual property. If not MFN, we have to tion. revoking MFN would not be a helpful find another method, other instrument, I have often said that the next cen- step in achieving these goals. The to make sure that there is free and fair tury will be the Asian century as China Policy Act, developed with bi- trade with China. China, the world’s largest underdevel- partisan consultation, sends a strong So, Mr. Speaker, as we join together oped economy, takes off. American and constructive message to China. I to support this resolution, let us be companies need to gain footholds in strongly urge its passage. sure that it is followed up by steps both this market early. Our competition is b 1300 on human rights and on trade policies. already poised if we retreat. Mr. HASTINGS. Mr. Speaker, I yield Mr. BEREUTER. Mr. Speaker, it is a China is already an important mar- 2 minutes to the distinguished gen- pleasure to yield 11⁄2 minutes to the dis- ket for America, and for California, tleman from Oregon [Mr. DEFAZIO]. tinguished gentleman from California which has exports valued at over $1.5 Mr. DEFAZIO. Mr. Speaker, I thank [Mr. DORNAN], a member of the Com- billion to China last year. In my con- the gentleman from Florida [Mr. HAST- mittee on National Security. gressional district, dozens of companies INGS] for the generous grant of time. Mr. DORNAN. Mr. Speaker, I thank and thousands of jobs in a wide range Mr. Speaker, I think there is broad the gentleman from Nebraska [Mr. BE- of industries depend on the Chinese agreement here on the problem: the REUTER] for the hard work that he and market. Small companies like Rainbow egregious violations of human rights in Members on both sides of the aisle have Sports, which produces golf equipment, China, the use of prison labor, the im- been putting in; hours and hours of and Contact Enterprises of Torrance, prisonment of Harry Wu, a United burning the midnight oil trying to re- which manufactures industrial parts, States citizen, the unfair trade prac- move us from the horns of a dilemma. depend on sales to China. A Hughes tices of China, those that make the Last night I watched ‘‘Nightline.’’ I satellite project for China provides Japanese look like proponents of Adam saw Harry Wu, videotaped just weeks over 1,000 jobs in my district. As the Smith and free trade, unfair trade before he left on this last courageous Chinese economy grows, more opportu- practices that resulted last year in a journey where he has disappeared nities to create American jobs will $29 billion surplus with the United somewhere to the world’s most popu- grow as well. States, headed towards $40 billion trade lous nation, and I thought, if we pull But United States interests in main- surplus with the United States this away most favored nation, is it an exe- taining engagement and dialogue with year according to the Commerce De- cution order? Or even worse than exe- China are not limited to jobs and trade. partment. That means we are going to cution, a disappearance, to slowly die We have a strong interest in seeing export 8 million United States jobs to as a missing person for 10, 15, 20 years China treat its people according to China because of their unfair trade in some Chinese gulag? international human rights standards. practices. We disagree over the solu- This is as hard an issue as were sanc- China’s trade links with the United tion. tions over South Africa. I changed reg- States have resulted in economic liber- What does this resolution say? Inten- ularly on that issue, always toward the alization, and a nation whose economy sify diplomatic initiatives. Well, we same goal as those who were liberals is increasingly free and open must af- have been doing that every year now that wanted the most severe sanctions. ford its people rights and freedoms as for about a decade. A report from the But trying to listen to Buthelezi on well. Without such changes political President. Well, we have been having one side, and listening to the self-serv- upheaval is inevitable, regardless of reports from the President since the ing voices of the white tribe on South the state of the economy. Reagan administration on the abuses Africa, I may have come down on the China’s military might and weapons- in China. We know what they are, and wrong side several times. export policies also present the United it has not changed a bit, but there is Mr. Speaker, I want to be on the States with urgent security concerns. one new, very serious, initiative. We right side on this one and that is why As a member of the National Security are going to broadcast Radio Free Asia during the vote I will be reading every Committee, I am particularly con- into China within 90 days. The geri- word of Mr. BEREUTER’s well-crafted cerned about nuclear and missile pro- atric oligarchy of China is quaking in work product. liferation. It is my firm belief that their boots. Yes, they are quaking in Mr. Speaker, I ask unanimous con- maintaining strong economic and dip- their boots. sent to put a statement in the RECORD lomatic links with China—links which We will not be allowed to vote on the about how the Republican Party was the removal of MFN would threaten—is resolution of disapproval. A quick born. It was founded over one main the key to bringing China’s arms ex- sleight of hand is going to move to issue, the terrible and horrific abomi- port policy in line with international table it. Why is that happening? Be- nation of slavery. It was a travesty and goals and standards. cause last night, for the first time, we gross belittlement of one class of peo- Two consecutive administrations, saw a crack in the free-trade dogma ple. It was a national disgrace, a dark with strong bipartisan support from that has dictated policy under both sin upon our collective conscience, and Congress, have pursued a policy of en- Democrats and Republicans in this in- it was removable only, as Lincoln pre- gagement with China which has shown stitution in the vote on the bailout of July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7293 Mexico, and suddenly, after the lead- the negotiating table and figure out China precisely because growing for- ers, the Republican leaders and the what we stand for fundamentally as eign investment and China’s expanding Democratic administration, lost a vote citizens of the freest nation on Earth. foreign trade have created a fast bur- on the bailout of Mexico which came to China MFN is just another smoke- geoning middle class with the same ex- the floor, they do not want to allow a screen for the rights of capital sur- pectations as middle classes through- vote on the resolution of disapproval of mounting the rights of people and the out the world. It thrives on a freer flow MFN for China because they are afraid ideals of democratic freedom. Free of information brought about by the there might be an honest vote in this trade can only exist among free people. introduction of Western telecommuni- House where people would say we have When is the United States of America cations technology and access to the been gumming this issue for years. The going to recall its own birthright? international media. Chinese will take $40 billion in unfair I am very upset that the Wolf amend- Mr. Speaker, the denial of MFN will trade practices and laugh all the way ment will not be offered here for a vote set back the democracy movement in to the bank. They will only understand up or down in this Congress today. I China even more than it sets back the real action. stand here with a very heavy heart. I Chinese economy and chokes off the Repeal MFN. ask, ‘‘Why don’t we stand up for what prosperity of Hong Kong. Mr. HASTINGS. Mr. Speaker, I yield our Constitution says we are here for?’’ 3 minutes to the distinguished gentle- Mr. HASTINGS. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of woman from Ohio [Ms. KAPTUR], my 2 minutes to my good friend, the dis- my time. good friend and colleague. tinguished gentlewoman from Califor- Mr. HASTINGS. Mr. Speaker, I yield Ms. KAPTUR. Mr. Speaker, I thank nia [Ms. WOOLSEY]. myself such time as I may consume. the gentleman from Florida [Mr. HAST- (Ms. WOOLSEY asked and was given Mr. Speaker, this is a true consensus INGS] for yielding this time to me and permission to revise and extend her re- bill and in the nature of foreign policy. rise with a heavy heart as we discuss marks.) It has support of a broad range of indi- this entire situation involving China, Ms. WOOLSEY. Mr. Speaker, I rise viduals who have done extraordinary and I see—as the American birthright— today in support of the China Policy work in bringing the China Policy Act the ideal that this Nation and others Act. to this floor. Led by the gentleman around the world are conceived in lib- I support the China Policy Act, be- from Nebraska [Mr. BEREUTER], the erty and should be dedicated to the cause I believe that the time has come gentlewoman from California [Mrs. proposition that all people are created to quit coddling the tyrants in Beijing. PELOSI], and the gentleman from Vir- equal with certain inalienable rights. I It is time to say to the Chinese Gov- ginia [Mr. WOLF] and others, we now think that is what our Nation is here ernment that ‘‘Human rights abuses; come to the position of being able to at for, as a beacon to the rest of the forced abortions; and acts, such as im- least speak very clearly with reference world, but what we see so often is that prisonment of an American citizen, to a consensus that has developed in our foreign policy has been directed to Harry Wu, is not tolerable.’’ this House that will not be as exacer- certain financial interests, and in fact Mr. Speaker, we are Americans. We bating as perhaps some would like for our foreign policy, rather than being a stand for freedom. We fight for democ- us to put forward. It does not link representation of the best ideals in us, racy, and we have not forgotten China policy to trade. It incorporates has really become a kind of deal-mak- Tiananmen Square. key additional human rights language ing exercise. To my colleagues on both sides of the which is and was a continuing concern Mr. Speaker, we should probably call aisle, I want to remind you, this is not of many Members of this body. It sends China MFN the Boeing MFN because a partisan issue. This is an opportunity a clear message regarding troubling supporters of MFN for China and keep- to do what is right. If you support de- China activities such as, as has been so ing that special trade status protected mocracy and human rights, vote for often mentioned and justifiably so, the say that exports to China will create the China Policy Act. unjustified detention of Harry Wu, the jobs here. However Boeing, one of the Mr. BEREUTER. Mr. Speaker, I yield violation of basic human rights that we chief beneficiaries of nearly $2 billion myself such time as I may consume. all are concerned about, the sale of worth of airplane sales to China, re- Mr. Speaker, as I said before, China missile components in violation of non- cently announced over 5,000 people in has millions more dissidents than proliferation commitment, and I per- our country are being laid off because those who openly brave the hard sup- sonally yesterday had a visit from they are going to replace that produc- pression of human rights. The one State Department officials because I tion with production in China, and I thing that unites the people in China shared immense concern with reference think what is so troubling is that with a narrow leadership clique, how- to the potential for sale of missile com- China has done nothing to promote de- ever, is the memory of the destruction ponents to Pakistan and to Iran. I was mocracy. It has done nothing to stop of China’s sovereignty during the last assured that there are sanctions in the China from selling missile technology two centuries and the imposition of un- event these allegations come to fru- to rogue nations like Pakistan. China equal treaties and other indignities on ition that will cover these matters. It has done nothing to end labor abuses in the part of first the Western powers also deals with the unfair trade prac- its own country affecting both men and and then Japan. tices that have been mentioned by so I tell my colleagues a certainty, that women who are voiceless as we debate many Members here. In short, it estab- as nothing else the denial of normal there today. They have done nothing to lishes the United States policy objec- trade status will unite China’s people end human rights abuses like the de- tives, will expedite the startup of behind their Government and identify tention and arrest of American citizen Radio Free Asia, and we do, for the ef- the United States as hostile to their in- Harry Wu. forts that have been ongoing, commend terests. On the other hand, the legisla- But in fact our China policy not only China in spite of the fact that we rection before us today recognizes the im- does not stand up for democracy, but ognize that there is much more that portance of China while specifying the from an economic standpoint has led to they should do in their movement to- deep concerns of the American people a flood of cheap imports into our coun- ward democracy. try—expected to reach over $32 billion about the PRC and then requiring dip- this year alone—representing an in- lomatic conduct from the Presidency, It is very difficult for us to speak as crease over last year, and in fact since and reports and Radio Free Asia. clearly as we have in this measure, and China’s crackdown on democracy in A number of well-known China dis- I commend all of our colleagues for the 1989, our country has suffered a net loss sidents, for example, including Chi extraordinary work that they have of over $100 billion in China. Ling and Won Won To have warned done in bringing to us a true consensus Mr. Speaker, when we debated the that the denial of MFN status will en- bill which, in my judgment, is how for- crime bill, we talked about three danger China’s current economic open- eign policy should be made in this strikes and you’re out. It seems to me ing and close off current widening ex- body. here we have got five strikes and posure of Chinese to the outside world. Mr. Speaker, I reserve the balance of you’re out, and we ought to go back to The dissident movement exists in my time. H 7294 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Mr. BEREUTER. Mr. Speaker, I yield b 1315 tries like Argentina, countries like 21⁄2 minutes to the gentlewoman from Mr. BEREUTER. Mr. Speaker, I yield Chile, and nations like South Korea. Florida [Ms. ROS-LEHTINEN]. 1 minute to the gentleman from Texas Well, on October 18, 1989, just a few Ms. ROS-LEHTINEN. Mr. Speaker, I [Mr. STOCKMAN]. months after the tragic Tiananmen believe in open markets and in a vi- Mr. STOCKMAN. Mr. Speaker, I just Square massacre, President Roh Tae brant international marketplace in want to say that the gentlewoman was Woo stood right behind me here. He which the United States is an active making a point. She outlined some se- does not speak English at all, but he, trading partner with all nations. rious allegations and some serious out of respect to this body, delivered But, I have some real problems with charges. In 1930 we heard serious his speech in broken English. He pho- extending most favored nation trading charges before, and we said we are not netically delivered his statement to us. status to a country like China where sure, and we did nothing. Now, 50 years And there was an item in that which to the people who produce the goods that later, we hear the same allegations, me really demonstrates where we stand China exports to us are not free. and, again, America is doing nothing. today and what it is that we are trying It is not much of an exaggeration to There is something wrong. to do. say that while we prohibit the import What lessons have we learned from He said: from China of goods made using prison history? None, apparently. We should The forces of freedom and liberty are erod- labor, the harsh fact is that all the not trade with a barbarous nation such ing the foundations of closed societies. The goods produced there are the products as China, and we should vote to cut efficiency of the market economy and the their MFN. benefits of an open society have become un- of prison labor. deniable. Now these universal ideals, sym- The country is so unfree that it This is more than just a symbol. We cannot even purchase anything with- bolized by the United States of America, claims that the Government of China have begun to undermine the fortresses of re- owns all the labor of all Chinese people. out the label ‘‘China’’ on it. I was of- pression. fended July 4 when I took out of my When you want to hire a Chinese per- Mr. Speaker, that statement was pocket an American flag, and on it it son to work for an American company, made in 1989, right here in this Cham- said ‘‘Made in China.’’ That is an out- you pay the Chinese Government a lot ber, and we have seen tremendous rage. We need to stop trading with of money, but the person who does the changes take place in the ensuing 6 these guys. It is wrong, and America work never sees the money. The gov- years. We proceeded during that 6-year ernment pockets maybe $20 a day for a needs to stand up and say so. Mr. HASTINGS. Mr. Speaker, I yield period with engagement with China factory worker, while the worker gets back the balance of my time. with most favored nation trading sta- less than a dollar of that. Mr. BEREUTER. Mr. Speaker, I yield tus. And my colleagues are right in This is not free trade. This is slavery. the balance of my time to the gen- talking about the fact that things have The Chinese exported this system to tleman from California [Mr. DREIER], not necessarily gotten better. They Cuba, where the same thing happens. the distinguished gentleman who has have in many ways gotten worse. But The Castro dictatorship is more than worked very hard on Sino-American re- it is important for us to look at some happy to sell the services of Cuban lations and trade issues. areas of improvement. workers to unscrupulous foreign inves- The SPEAKER pro tempore (Mr. EM- Remember, we are talking about a tors, and to keep all the money for it- ERSON). The gentleman from California nation that has a history that spans self while tossing a few pennies a day is recognized for 41⁄2 minutes. four millennia. Now, we cannot expect to the person who actually has to do (Mr. DREIER asked and was given a change to take place overnight, but the work. permission to revise and extend his re- we do realize that exposure to western Both in Cuba and in China, the sys- marks.) values has gone a long way towards im- tem is a moral outrage and reeks of the Mr. DREIER. Mr. Speaker, I thank proving things. slave trade of the 19th century. my very good friend from Nebraska, We have seen the establishment of a Unfree labor is not the only problem and rise in very strong support of the stock market in Shanghai. The reports with doing business with China. Bereuter resolution. The gentleman to come from that have been incred- It is a country where there is no re- has worked long and hard on this issue, ible. Obviously any economic visitor in spect whatsoever for the human rights along with many of our colleagues, and Shanghai would love to have the oppor- of its citizens—nor for the human I believe that this is a very important tunity to see how their stocks are rights of American citizens. day in the history of the United States doing. Well, how do they find those re- The arrest of Harry Wu, an American Congress and in world history. ports? It has to be printed in the news- citizen, is only one example of this. It Mr. Speaker, speaking of history, paper. is just one small element in an abys- when I look back on one of the most in- One of the things that the govern- mal Chinese human rights situation. teresting years in the last quarter of a ment of China is having a very difficult century, 1989 has to stand out. We ob- time doing is keeping any kind of po- Forced abortion. We all know this served that year the crumbling of the litical reporting out of that informa- issue. We know it happens and it hap- Berlin Wall. We saw the tremendous tion that is disseminated through the pens a lot. changes take place as we saw the first free flow of economic activity in And we know that there are many transition of one democratically elect- Shanghai. Mr. Speaker, it seems to me killings of born and unborn little girls. ed government to another in El Sal- that we must realize that trade pro- And, we know that these practices vador. We saw political pluralism motes private enterprise, which creates violate every known standard of emerge in Nicaragua. We saw great wealth, which improves living stand- human rights since God made Man. speeches made right here in this Cham- ards, which undermines political re- There are reports that aborted ber by Vaclav Havel from then Czecho- pression, and that is exactly what is fetuses are sold and eaten. slovakia, from Lech Walesa, the leader happening here. The trafficking in human organs that of Poland, an electrician from the We are not going to change things is practiced in China is another out- Gadansk Shipyard. To me, one of the overnight. We have a long way to go. rage. One hears rumors of condemned most moving speeches came from the But if we believe for one moment that prisoners being executed according to first democratically elected President shutting the door with China will all of the marketing needs of those who have in the history of South Korea. a sudden get Harry Wu released, that is sold their organs to wealthy foreigners Now, one of the arguments that I preposterous. If we believe that closing needing a heart, liver, kidney or other have made time and time again, and the door will improve the plight of transplant. many of our colleagues have joined in those many people in China who are I could go on and on and on with one this, is if we look over the past several seeking economic opportunity, we are outrage after another that is taking years at countries where tremendous crazy to believe that. The two southern place in China. political repression has existed, we provinces of Guangdong and Fujian see I thank the gentleman for highlight- chose as a nation not to impose trade Chinese people literally clawing their ing these outrages. sanctions, countries like Taiwan, coun- way to get in there. Why? Because that July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7295 is the place that they can find eco- disapprove most-favored-nation (MFN) treat- his policy alternative to the withdrawal of Most nomic opportunity. ment for China. H.J. Res. 96 is carefully tar- Favored Nation tariff status from China on So I believe that this is a very bal- geted to send a strong message to the Chi- starting surrogate broadcasting to China. His anced approach that the gentleman nese Government that continued suppression is the proper way to go. from Nebraska [Mr. BEREUTER] is tak- of human rights, flaunting of international Withdrawing MFN may seem an effective ing, and I again congratulate him for agreements on nuclear non-proliferation, and means of moving the Beijing Government all that he has done, the work of the engaging in unfair trade practices cannot be away from repression and toward the norms of Committee on International Relations, tolerated, ignored, or rewarded. international human rights. But it only seems working closely with members of the Denying most-favored-nation status for so. On further examination one can see that Committee on Ways and Means. I be- China is a reasonable response to the con- the results of such withdrawal would likely lieve that we have a positive solution tinuing controversy over trade and human rather be retaliation against American compa- to a very, very tough problem. Mr. rights policy in regards to China. It is abso- nies doing business in China and no progress Speaker, this is a great day. This is an lutely imperative that this House insist that the on the rule of law. Moreover, MFN is a one- historic day as we look towards the United States Government not reward the Chi- shot gun. Once fired there is no further bullet. most important relationship between nese regime which brutally massacred pro-de- Once withdrawn, the tariffs rise, Chinese retal- two countries on the face of the Earth. mocracy demonstrators in Tiananmen Square iation follows, and markets change. I support the Bereuter resolution. just 6 years ago, and continues to hold pris- No, Mr. Speaker, this is not the approach Mr. STOKES. Mr. Speaker, I rise in strong oner an American citizen with carte blanche that the United States should follow. Mr. BE- support of H.R. 2058, which condemns Chi- on the importation of their goods into our mar- REUTER has it right. Beam a message of truth na's violations of human rights and calls for ket. Granting most-favored-nation status for all to ChinaÐtell them the truth about what is China to grant access to American exports. Chinese products rewards the Chinese regime happening in their own society to their own H.R. 2058 crafts a reasonable compromise for its intransigence on human rights, and its peopleÐand create the pressure for change between those who would want to extend refusal to engage in fair trade. from within. Radio Liberty and Radio Free Eu- most-favored-nation status to China uncondi- Mr. Speaker, despite the arguments of rope, the surrogate radios of the cold war, tionally, and those who agree with me that de- those who support totally unfettered trade with gave not only truth, but hope to millions in nial of most-favored-nation status is the best China, the fact remains that trade and human Eastern Europe and the former Soviet Union means of influencing China. rights are inextricably linked. A nation that that ultimately helped to undermine and bring We must not forget the Tiananmen Square suppresses its peoples' human rights also down their totalitarian, communist regimes. massacre or the Chinese Government's brutal suppresses their wages. This, in turn, leads to Radio Free Asia would play the same role. suppression of student protestors. Rather, we an unnatural advantage in trade, which ad- I am a great supporter and believer in the must answer the Chinese peoples cry for free- versely impacts American businesses and effectiveness of the Voice of America which dom and democracy by continuing to press for workers, and causes the loss of American beams to China and to societies across the adherence to international human rights stand- jobs. ards. In fact, the United States trade deficit with world the message of our country to their peo- Under H.R. 2058, the Congress calls for the China is now over $30 billion a year, second ple. It is among the most cost effective means immediate release of United States citizen only to our trade deficit with Japan. Yet, de- of promoting American values to people every- Harry Wu who was recently arrested by the spite the freedom we grant to Chinese imports where. Surrogate radio is not the same. Surro- Chinese Government; calls on the President to to the United States, China does not grant gate radio is radio that broadcasts the mes- pressure China to adhere to international most-favored-nation status to United States sages of their own people to those societies. weapons nonproliferation agreements; calls on goods, and continues to bar certain United That relates to them not only in their own lan- China to release political prisoners, respect States goods from the Chinese market. For guage but by their own people and in their the rights of Tibetans, and end the practice of those who advocate free trade, it seems rather own cultures. It reports the truth about what is coercive abortions. It is important to note that illogical and inconsistent to grant free access happening not only around the world but, this legislation does not in any way disturb the to our market to a country which denies free more importantly, within that society and not President's decision to extend most-favored- access to their market for our goods. within the American idiom but within theirs. nation status to China for the coming year. Nearly 30 percent of China's total exports Surrogate radios are not to supplant the Voice In addition to these human rights abuses, are to the United States, which means that of AmericaÐour voice to the world. Surrogate H.R. 2058 includes additional conditions that most-favored-nation status for their goods is radios are not to provide an alternative to the call on China to permit greater access by Unit- vital to the Chinese economy. Therefore, VOA. Surrogate radios have always operated ed States exporters to China's markets by most-favored-nation status is logically the right along side VOA and complemented its ending that nations unfair trade practices. most effective tool for influencing the Chinese good work. Both are extremely effective in American working men and women deserve to Government to improve their record on human their different missions, both spend the rel- have the support of the United States Govern- rights. If the United States continues to grant atively small sums required to sustain them ef- ment in the attempt to force China to adopt a most-favored-nation status to Chinese goods, fectively as well, and both are necessary to fair trade policy. without requiring improvements in human advance the purposes of our foreign policy. All of the objectives embodied in H.R. 2058 rights, there is no incentive for the Chinese re- Now VOA has, unfortunately, been sending are reasonable standards which we should ex- gime to alter their policies. I ask my col- a message that our radios are a zero sum pect any nation wishing to acquire most-fa- leagues who support unrestricted most-fa- game, that money put toward RFA is money vored-nation trading status to satisfy. Certainly vored-nation status for China to identify what taken away from VOA. I don't favor that and no one could argue that the language of H.R. other means we have available to influence I don't know anyone that does. And yet it has 2058 would impose too heavy a burden on the the Chinese Government? They cannot give been extremely difficult to get RFA up and Chinese Government, or that the conditions me an answer, because they have no answer. running and this administration has spoken a are unduly harsh. Mr. Speaker, I strongly urge all my col- good commitment to it without following its Mr. Speaker, H.R. 2058 is a fair and just bill leagues to insist that the United States stand good words with action. It is my hope that the which allows China the opportunity to reform up for the principles of human rights, and for Bereuter amendment will receive an over- their conduct, and make progress toward inter- the freedom of the Chinese people. Vote for whelming vote and send a message to the nationally recognized standards of human H.J. Res. 96 and send a clear, unmistakable White House that this is our policy of choice rights, without being punished. If there is no message to the dictators in Beijing, and your and that the President had better get aboard progress toward the goals established in this constituents, that you believe in freedom and and start acting as the engineer of this train. bill in China, then the denial of further favor- democracy for people all over the world. Last year the question of funding and start- able trade status will be necessary to convey Mr. PORTER. Mr. Speaker, in the last Con- ing up RFA was faced in the appropriation for the message to the Chinese Government that gress former Congresswoman Helen Bentley Commerce, State, Justice where the gen- their conduct will not be tolerated by the inter- of Maryland and I combined to pass into law tleman from West Virginia [Mr. MOLLOHAN], national community. I strongly urge all my col- Radio Free Asia, a new surrogate radio to be then the chairman, failed to fund RFA. I of- leagues to take a stand for human rights, and aimed at repressive regimes in China, in North fered an amendment to ensure that the com- vote for passage of H.R. 2058. Korea, in Laos, in Vietnam, in Burma, and mitment to RFA was known to the then chair- Mr. Speaker, I rise today to express my other Asian nations. Today, the gentleman man and it passed overwhelmingly. I hope strong support for the H.J. Res. 96, a bill to from Nebraska [Mr. BEREUTER] has focused Congress will again today go on record to H 7296 CONGRESSIONAL RECORD — HOUSE July 20, 1995 send the message strongly that RFA's time democratization, America must remain vigilant Increasingly, Wan is winning. In one recent has indeed come. in our support of international human rights. case, his Center for the Protection of the We should, in approving the policy choice in Perhaps the time has come for the United Rights of Disadvantaged Citizens came to the defense of an entrepreneur from Bereuter, also make the commitment to pro- States to be more circumspect with regard to Hangzhou who left his job as a technician at vide sufficient funds to make FRA a reality. Beijing's policies and reputation. Yet, one a state-backed company to start his own These funds should not come from VOA. But thing is sureÐthe time has not come to end business. Accusing the man of taking com- I would say, Mr. Speaker, if we continue to MFN for China and ostracize this emerging pany patents, police put him in detention, see from VOA the kind of effort to slow and nation, which may hold the ultimate key to ransacked his home, and confiscated all his side-track RFA start-up that has been all too peace and stability in Asia. We will never suc- belongings. After a plea from the man’s wife, evident, then, perhaps, we should, indeed, ceed in fostering real democratization for mil- Wan dispatched two lawyers to represent consider using VOA funds for this purpose. lions of Chinese tomorrow if we decide to im- him. They won—and got the PSB to pay pose an economic quarantine China today. damages of 500 yuan—the equivalent of six Mr. Speaker, Harry Wu, is my friend, the weeks’ salary. Altogether, the center, which friend of all of us, the friend of every person It is possible to support MFN status for is funded in part by the Ford Foundation, who loves human freedom. He returned to China and still fight for Harry Wu's return has received 1,600 requests for help. China, the nation of his birth, and put himself homeÐand I urge my colleagues on both As the June 4 anniversary of the 1989 at great risk to make the truth known about sides of the aisle to do just that. I urge them Tiananmen massacre approaches, President China's egregious labor prison camps and its to support H.R. 2058 to support the safe re- Clinton is poised to make the politically heinous market in human organs. His is just turn of Harry Wu. costly decision to renew China’s most-favored-nation trading status (page 102). He is the latest example of the oppressive practices Mr. BARRETT of Nebraska. Mr. Speaker, I rise in opposition to House Joint Resolution 96 doing so even though China has been crack- of the Beijing regime. Since last year's vote ing down hard on its most vocal dissidents. not to withdraw MFN, which I supported, that would deny Most-Favored-Nation [MFN] It has re-arrested Wei Jingsheng, a leader of human rights violations by the Chinese Gov- trade status to China. the ‘‘Democracy Wall’’ movement of the late ernment have worsened not improved. The I can understand the reasons why the gen- 1970s. Beijing has imprisoned many other po- Chinese communist regime makes it easy to tleman from Virginia [Mr. WOLF] proposed an litical activists and has rounded up religious generate support in Congress for RFA. They MFN disapproval resolution. But, I'm not con- and labor leaders. are clearly their own worst enemy. vinced that an embargoÐthe effect of with- But no matter what an increasingly jittery drawing MFN statusÐwould punish China's leadership does to repress and control, a Now, Mr. Speaker, they will argue, as they quiet revolution is taking place. Across the always do, that these are matters only of inter- use of prison labor, human rights abuses, and possible violations of arms control agree- Middle Kingdom, the glimmerings of a freer nal concern, that the United States is yet society can be seen in the actions of Chinese again intruding itself in Chinese matters, that ments. such as Professor Wan. China’s contact with what they do to their own people is none of Taking away MFN will actually strip us of a the U.S. and the rest of the world is helping our affair. Yet we need only remind them that powerful tool that we can use to push for make that happen. Although Clinton’s deci- they are signatory to the Universal Declara- change, while having a negligible effect on sion was in part based on pure commercial tion, that they made a commitmentÐwhich China. Denying MFN to China forces us to reasons, it does reflect a growing view turn our backs on Chinese human rights among experts that the annual debate about has since rung hollowÐto observe the tenents human rights in China has been overtaken of basic rights for every human being. And I abuses. But MFN gives us the leverage and access needed to encourage improvements in by deeper, grassroots change in the world’s would say one thing further: that we are our most populous nation. brothers keeper; that the denial of Harry Wu's China's treatment of its citizens. An explosion of information technology, rights is the denial of my rights and yours and Let's keep the lines of free ideas open for example, has allowed the Chinese to link of every person in this chamber and on this through trade. Discussion between two friendly up to the world with fax machines, telephone Earth. That once we can convince China and trading partners is more effective than criticism lines, satellite dishes, and personal comput- the rest of the world that every person de- between nations involved in an embargo or ers. Thanks to market-oriented reforms, mil- trade war. Change is generated by commu- lions of Chinese can now decide where to serves respect, that every person has the right work and live instead of being told. A grow- to worship and speak and write in the way he nication and cooperation, not alienation. I encourage my colleagues to support the ing local media, aligning with regional or she chooses, that governments must rule power brokers, is spotlighting tension be- only through law created democratically by the committee's position in opposing this measure tween provincial authorities and Beijing. peopleÐthen may China and other nations and support the continuation of MFN status to And workers and peasants are becoming which deny these basic rights take their place China. I believe we can do what's best for more vocal about protesting corruption, lay- among the nations of the world who will live in trade while engaging the Chinese to produce offs, and taxes. peace and harmony and work together toward change. Two or three years ago, signs of people cir- a better life for all peoples. We all look forward Mr. MANZULLO. Mr. Chairman, I would also cumventing or undermining totalitarian rule like to add to the RECORD an article from Busi- could be dismissed as anomalies. But no with all the Harry Wu'sÐand there are hun- longer. Just as China’s economic boom has dreds of millions of them in ChinaÐto that ness Week magazine that highlights how increased economic activity and Western con- brought increased prosperity to millions, so day. too is life for ordinary Chinese becoming Mr. TORKILDSEN. Mr. Speaker, I support tacts have improved overall human rights, es- easier and freer. ‘‘There has been a substan- the China Policy Act, sponsored by my col- pecially in the southeastern provinces in tial evolution—economic, social, and politi- league from Nebraska, the distinguished chair China. Change sometimes comes too slowly cal—that makes the state less intrusive in of the Asia and Pacific subcommittee. for Americans but I am confident that the inev- people’s lives,’’ says Kenneth G. Lieberthal, itable triumph of democracy and respect for a China expert at the University of Michi- I agree with my colleagues on both sides of human rights will happen one day soon in gan. the aisle that Congress must be concerned China just as it has in other parts of the world. Indeed, the central judgment that Deng with the illegal and unjust arrest and current Xiaoping made 15 years ago now appears to [From Business Week, June 6, 1994] incarceration of American Harry Wu by Chi- be proving faulty. Deng reckoned that by nese officials. We must use all available diplo- CHINA—IS PROSPERITY CREATING A FREER opening the door to the outside world, China matic means to resolve this situation and see SOCIETY? could absorb foreign investment, trade, and that Mr. Wu is returned to freedom. The contrast is stark. Chinese authorities technology while spurning the cultural and continue their crackdown on dissenting political influences, or ‘‘bourgeois liberaliza- However, we must not be so short-tempered voices and put security forces on alert in tion,’’ that would challenge Communist and short-sighted as to vent our frustration by Tiananmen Square. At the same time, in the Party rule. revoking Most Favored Nation status for grimy central city of Wuhan, a professor is But years of double-digit economic growth China. Revoking MFN status is not something bringing a new concept to China’s heartland: are transforming Chinese society itself, loos- the United States should do lightly in any situ- the rule of law. Armed with a Yale Law ening Beijing’s control over 1.2 billion peo- ation. School degree and a team of young associ- ple. In Guangdong, workers angered by dan- The recent deterioration of relations with ates, Wan Exiang runs China’s first public- gerous factory conditions have formed more interest legal center. From his bustling of- than 800 illegal trade unions. In Beijing, live China is indeed a cause for great concern. In fices, Wan takes on government officials—in- talk shows allow radio listeners to discuss today's Post Cold War world, the United cluding members of the much-feared na- once-taboo subjects, from urban pollution to States has many vital security concerns in tional police, the Public Security Bureau extramarital affairs. In a Shanghai factory, Southeast Asia. In this region of the world (PSB)—who have long ridden roughshod over the subject at mandatory Communist Party where great strides are being made toward individual rights. meetings is bonuses, not politics. And in July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7297 coastal cities and interior villages, attend- things to be published.’’ In August, Zheng time pay. Migrant workers in Guangdong ance at underground churches is soaring. got his wish: The judge ordered the defend- joint ventures typically make $35 a month, Virtually no one accepts the ideology called ants to publish details of the case in nation- less than half of what local residents make communism anymore. ally circulated newspapers. for the same work. Last fall, 49 workers died SHIFTING SANDS Like Zheng, most Chinese plaintiffs are in- in fires at two factories run by investors volved in disputes with other civilians. But Many of these grassroots changes have from Hong Kong and Taiwan. some citizens are challenging government of- frightened the Communist Party leadership, Even with its many problems, the private ficials in court. In 1992, Liu Benyuan, an en- which is already rattled by Deng’s deterio- sector’s growth has made it much harder for trepreneur in Sichuan province, sued local rating health and an inevitable power strug- Big Brother to keep tabs on each citizen. cadres who tried to take away his mineral- gle. Yet the earth continues to shift under Economic reform has vastly increased mobil- water bottling plant. They were upset be- the leadership’s feet. Beijing must encourage ity for ordinary Chinese. That has undercut cause Liu refused to pay them off. Besides growth to stay in power, but that only in- the dang an, or personal dossier, system. The his bottling plant, they also closed his chem- crease the potential for greater individual DANG AN, which includes an employee’s fam- ical and printing factories. Liu fought back. freedom. Only a few years ago, the govern- ily background, political leanings, and class Last February, a court ruled in his favor, ment could dictate where citizens lived and status, once was used by officials to retain giving him back his businesses. worked, when they married, and when they workers, limit promotions, and even ruin ca- China’s legal system is ill prepared to han- reers. But now, Chinese are going into busi- could have a child. But today, a rising middle the growing clamor for justice. As claims dle class is quietly challenging centralized ness for themselves, while foreign corpora- multiply, the number of lawyers is expected tions don’t care about such dossiers. control. ‘‘Change is happening from the bot- to quadruple, to about 200,000, by the year tom up, regardless of what happens with the With the declining importance of the dos- 2000. Many citizens continue to distrust the sier, the party’s stifling presence in the Communist Party,’’ says David S. Goodman, system’s impartiality, since local officials a fellow at Murdoch University’s Asia Re- workplace has been drastically reduced. often treat courts as arms of their govern- Party bosses are no longer the decision-mak- search Center in Perth, Australia. ments. And when the courts do act independ- That doesn’t mean China’s transition to ers. And the political meetings that were ently, they often have great difficulty en- the post-Deng era will be smooth. The party once mandatory are no longer held at wholly forcing their judgments. That led editors of still maintains its monopoly on power. More- owned foreign ventures or at many joint ven- the official Legal Daily newspaper on May 23 over, the state controls the media and ar- tures. Even at state enterprises, less time is to issue a daring call for an independent ju- rests whomever it wants. In Tibet and spent mouthing Marxist mantras. At China diciary. ‘‘The idea of economic rights is Xinjiang, ethnic minorities face severe re- Textile Machine Co. in Shanghai, political spilling over into other areas such as individ- pression. Meanwhile, the tumultuous move meetings have been pared from an hour a ual rights,’’ says Helena Kolenda, a Beijing- to a market economy has created a political week to 20 minutes. ‘‘The empty talk is based lawyer with the New York law firm and social powder keg. The economy grew gone,’’ says Zheng Bohua, the company’s Paul, Weiss, Rifkind, Wharton & Garrison. 12.7% in the first quarter, barely cooling off deputy general manager. ‘‘Now we discuss ‘‘It has sparked a consciousness.’’ from its 13% pace in each of the past two production.’’ The demand for more rights is moving be- U.S. companies, although anxious to de- years. Inflation is 24.6% in the big cities, and yond individual lawsuits and sparking orga- corruption among officials is widespread. In fend their commercial interests in China, nized, large-scale protests. Two groups re- argue that they, too, are changing the 1989, that combination led to large cently staged sit-down strikes in front of the antigovernment demonstrations. If similar thought processes of Chinese workers. Learn- Shanghai municipal building, protesting ing how to make individual decisions does unrest breaks out after the death of 89-year- government secrecy and consumer ripoffs. old Deng, the leadership may once again call leave a deep imprint. And working for a The unrest has also spread to the country- Western company almost automatically in the troops. side, where 75% of China’s population lives. As the years after Tiananmen have shown, means a higher standard of living, with bet- Last year, about 4,000 Guangdong villagers however, the People’s Liberation Army isn’t ter pay and benefits. ‘‘If I were asked to go conducted a demonstration on a main thor- interested in turning back the clock. It’s back to a state enterprise, that would be oughfare. They were upset that local cadres making too much money in its lucrative hard to deal with,’’ says Ren Shouqin, 54, had sold off prime farmland to Hong Kong businesses, ranging from toys to tourism. vice-president at China Hewlett-Packard Co. real estate developers. in Beijing. HP sent him to the Monterey In- Likewise, the party can be counted on to More worrisome to Beijing, unrest is stitute of International Studies for an MBA. beat back outright challenges to its rule, but spreading in factories, where workers in- its members are also making money in Chi- creasingly are organizing. That has spooked SOAPS AND CNN na’s rush to get rich. the government, adding to worries that dis- At HP’s headquarters in Beijing, well- NEW SUITS sidents and intellectuals are reaching out to heeled young women and men work at com- Where once the party and central govern- disgruntled workers. But as state-owned en- puter terminals, watch educational videos, ment could dictate just about anything, now terprises lay off employees, workers send electronic mail, and read foreign maga- they must compete for power with provinces, throughout China are going on strike. In zines. In the Beijing area, 100,000 to 200,000 cities, giant quasipublic corporations, and March, there were 270 strikes in Liaoning, Chinese citizens work for foreign companies even workers and peasants. As a result, Shaanxi, and Sichuan provinces, several last- in offices that increasingly resemble the China continues to evolve away from the to- ing as long as 40 days and involving 10,000 home office. Cai Ping, a 23-year-old manager talitarian model of the Maoist era and the workers. In Tianjin last fall, laid-off workers in HP’s personnel department, regularly authoritarian regime of the Deng era. ‘‘The marched on a state-run factory, carrying communicates with HP staffers in Hong Kong system is losing its central control,’’ says M. signs asking: ‘‘How can we feed our chil- and Palo Alto, Calif. ‘‘It’s as if we’re in the Scot Tanner, an expert on Chinese politics at dren?’’ Says Trini Leung, Chinese labor ex- same building,’’ she says. ‘‘Right now, I’m in Western Michigan University. He argues that pert at the University of Hong Kong: ‘‘Labor touch with the trends of the world.’’ China is gradually becoming a ‘‘soft authori- unrest is bubbling very hot, and the authori- It’s not just elite workers at foreign multi- tarian’’ regime like Taiwan or South Korea ties are worried.’’ national corporations who are in touch with in the early 1980s. Like peasants in the countryside, urban the rest of the world. In Guangdong, millions An unlikely arena for this clash of inter- Chinese workers are furious about the ramp- of people get their news from two Hong Kong ests is the nation’s rudimentary legal sys- ant corruption and lawlessness among some television stations. With a satellite dish, tem. As in Wuhan, a new set of laws and well placed officials. One day last fall, a moreover, they can get up to 18 other sta- property rights is evolving throughout Shanghai bus driver found his way blocked tions. Despite a ban on such dishes, they are China. In a country where the rule of law has by parked limousines in front of a karaoke common fixtures in the Guangdong urban long been subordinate to guanxi, or personal bar frequented by government and Com- landscape. Millions of Chinese who under- connections, the Chinese have started to munist Party officials. When the bus driver stand English will soon be able to watch turn to the judicial system to resolve busi- told the chauffeurs to move, a group of men Cable News Network. ness and personal disputes. fatally beat him. Shanghai’s bus drivers re- Of course, the state-controlled media re- Chinese citizens are suing almost every- sponded with a wildcat strike, refusing for main on a tight leash, and authorities still one—from local enterprises to the police. For several days to drive on the busy route. strike out at individual journalists who hit instance, Zheng Chengsi, a slender, bespec- The state hopes to prevent an explosion of too-sensitive nerves. In April, Xi Yang, a re- tacled professor in Beijing, brought suit labor unrest by encouraging laid-off workers porter for a Hong Kong newspaper who had against two of his former students last year to find jobs in the growing private and quasi- written about plans for an interest-rate in- after discovering they had plagiarized more public sectors. But the unrest is not limited crease, was sentenced to 12 years in prison than 60,000 words from his work on—of all to the public sector. Workers at foreign joint for allegedly ‘‘stealing state financial se- things—intellectual-property rights. Zheng’s ventures run by Taiwanese, Hong Kong, and crets.’’ lawyers filed the case in Beijing’s East Dis- other foreign investors have struck to pro- But commercial imperatives are creating trict court last year. The defendants tried, in test abysmal working conditions. In Fujian the potential for more reliable news. TV sta- vain, to persuade Zheng to settle. But he in- province, where Taiwanese companies em- tions in wealthy coastal cities have stepped sisted he didn’t want damages. ‘‘My rights ploy more than 400,000 people, workers often up coverage of social and economic news. A were violated,’’ he says. ‘‘I wanted these spend 16 hours a day on the job without over- recent protest in Shanghai was covered by H 7298 CONGRESSIONAL RECORD — HOUSE July 20, 1995 one government station, despite efforts by It can lash out, as it did in 1989. Or it can MFN for China? Second, how does extending city officials to black it out. Most of the begin to transform itself, as did autocratic MFN for China influence our efforts to effec- time, stations stick to more popular fare to parties in Taiwan and South Korea. A vio- tively address human rights and other bilateral lure a broader audience—and advertisers. lent crackdown would be a huge step back- Taiwanese soap operas are now common, as ward and would be unlikely to work in the problems between the United States and are news stories about prostitution and cor- long term. As the years after 1989 have dem- China? ruption. onstrated, hard-liners cannot repress an en- The answer to the first question is unequivo- TALK RADIO tire society and still preserve economic re- cally yes. Extending MFN to China would At the same time that local governments form. clearly yield substantial economic benefits to are opening commercial TV stations and No one is arguing that China is about to the United States. newspapers, party organs are on the decline. blossom into a multiparty democracy. The China is our Nation's fastest growing major The circulation of People’s Daily dropped government’s strategy is to co-opt potential export market. America exported $9.8 billion from 2.3 million in 1992 to 1.65 million last pressure groups before they become independent political forces. The technocratic worth of goods to China in 1994, an increase year. With the government cutting back on of 5.9 percent over 1993. These exports suppress subsidies, the fight is on for advertis- leaders who are gradually taking over the ing dollars and for circulation gains. Some reins of power from the old-time revolution- ported approximately 187,000 American jobs, papers have responded by printing fewer po- aries are more willing to allow interest many of which are in high-wage, high-tech- litical screeds and more alluring tales of sex groups to express their viewpoints—but only nology fields. and violence. as long as they remain within the confines of But these benefits are only the tip of the ice- Economic change has emboldened the busi- a single party. berg. With a population of more than a billion ness press. As millions of Chinese have be- For now, many Chinese say they are too peopleÐand a GNP that has grown at an av- busy making money to think about politics. come stockholders for the first time, the erage rate of 9 percent since 1988Ðand 12 business press has become more aggressive in Young Chinese, in particular, are learning shaking up China’s corporations and shining that wealth means the freedom to travel, to percent last yearÐthe future export potential a light on corruption. An increasingly influ- buy foreign newspapers, to win a court case of the Chinese market is enormous. In indus- ential business paper is the Shanghai Securi- against a corrupt government official. ‘‘If tries such as power generation equipment, ties News. The paper warns of stock market you have money,’’ says a taxi driver in commercial jets, telecommunications, oil field shenanigans and covers civil lawsuits involv- Fuzhou, ‘‘then you can buy human rights.’’ machinery and computers, China represents a ing companies. A few weeks ago, the paper By this reckoning, the best thing Washing- virtual gold mine of economic opportunity for ran the first word of a lawsuit by a widow ton can do to nurture greater rights in China American businesses. who sued a securities firm after her husband is to make sure its doors remain as open as The important of such a market is hard to committed suicide. She claims the firm possible to investment and ideas. ‘‘We have forced him to engage in illegal insider trad- confidence about the future,’’ says Aven understate: In a world where most existing ing. ‘‘This paper really tells us the truth,’’ Yang, senior manager for materials at major markets are saturated or are quickly says one investor. Northern Telecom Ltd.’s joint venture man- maturing, it is critical that we find new and ex- Radio is also slowly moving away from the ager for materials at Northern Telecom panding markets for American products. China party line. Talk radio abounds in the large Ltd.’s joint venture in Shekou. ‘‘There is is just such a market. In fact, it represents one cities, where people’s frustrations and de- bread, and the door is open. We don’t want of the last reservoirs of raw economic potential sires anonymously spill out over the air- the door to close.’’ The rest of the world left for American businesses to tap. waves. On Guangdong radio, callers regularly should make sure it doesn’t. criticize the government, sounding off on ev- By Joyce Barnathan in Shanghai, with In short, if cultivated properly, a vigorous erything from police brutality to trade pol- Pete Engardio in Guangzhou, Lynne Curry in trading relationship with China could be a icy. On one recent evening, crime is the big Beijing, Dave Lindorff in Hong Kong, and badly-needed cornerstone of American export concern, as listeners complain about robber- Bruce Einhorn in New York. growthÐand overall economic growthÐover ies on buses, highways, and city streets. Mr. KIM. Mr. Speaker, I rise today in opposi- the next few decades. American talk radio it’s not. But this pro- tion to House Joint Resolution 96, legislation Denying MFN for China, however, would put fusion of media outlets has created a forum that relationship at risk. I want to point out that for the country’s various power groups to that would disapprove the President's decision fight their battles. In the past, the powerful to renew most-favored-nation [MFN] status for MFN is a misnomer. MFN is not preferential Propaganda Ministry could homogenize the the People's Republic of China [PRC]. My rea- treatmentÐit is equal treatment. By denying country’s newspapers. Now, as the decentral- son for doing so is simple: While I share my MFN for China, we would be denying China ized economy has given more power to re- colleagues concerns about the Chinese Gov- the same trading status that all but six of our gional chieftains, various factions are vying ernment's actions regarding human rights, trading partners have been granted. for control. With conservatives and reform- missile proliferation, and other bilateral matter, Even worse, we would actually be punishing ers wielding control of media outlets, China China by placing exorbitant ``Smoot-Hawley'' has not one official press but several. Peo- I do not believe that these issues should be ple’s Daily, controlled by the conservatives, linked to the basic foundation of trade be- tariff rates, established earlier this century on therefore reports on strikes and rural unrest tween the United States and the PRC. I be- the Chinese goods. For example, with MFN, to demonstrate the dangers of policies advo- lieve that there are more appropriate and ef- waterbed mattresses exported to the United cated by reformers such as Vice-Premier Zhu fective means to address these important non- States from any MFN countryÐincluding Rongji, while Shanghai papers report on suc- economic concerns. ChinaÐwould face a tariff of 2.4 percent. cessful reforms. The People's Republic of China [PRC] has Without MFN, the tariff on this product would Even though China’s media can hardly be been denied permanent MFN trading status be 80 percentÐan increase of 3,300 percent. called free, the emergence of divergent voices means the center’s ability to control since 1951, when Congress revoked MFN sta- This kind of punitive tariff would, for all intents people’s minds has vanished. The very values tus for all Communist countries. However, and purposes, close the American market to upon which communism was founded are under the provisions of the Trade Act of 1974, Chinese products. shifting. Since so few Chinese believe in its the United States can grant temporary MFN In other words, continuing MFN does not ideology, the Communist Party’s leaders status to China if the President issues a so- constitute special treatment for ChinaÐbut re- have no option but to press ahead with eco- called ``Jackson-Vanik'' waiver. scinding MFN would deny China the trade sta- nomic modernization—even as it unleashes In June of this year, President Clinton exer- tus that we grant to virtually every other nation social changes. To justify its existence, the party has to deliver prosperity, not class cised this optionÐas he has in each of the in the world. struggle. These pressures can only mount as previous years of his administrationÐand ex- How would China be expected to respond to more Chinese accumulate wealth. tended the Jackson-Vanik waiver for China for such a punitive action? There's no way to THE DOOR IS OPEN an additional year. In considering House Joint know for sure * * * but I suspect that the Chi- To contain the damage, Beijing’s leaders Resolution 96, we must now decide whether nese would retaliate by quickly closing their have adopted a strategy of strategic retreats. to exercise our congressional prerogative to market to American goods and would take By pulling back in certain areas, the leaders disapprove this waiverÐand deny MFN status their business elsewhereÐan event that our hope they can limit popular unrest and tri- for China. Following this debate, I hope Con- international competitors, especially the Japa- umph in the end. But it’s unlikely that 1.2 gress can move forward on the consideration nese and the EC, would note with glee. billion Chinese will be content with just the of granting permanent MFN status for China And, even if a full-fledged trade war with beginnings of a legal system, a freer press, China is avoided, there is still the risk of de- and a trade-union movement. Having won and putting an end to this annual source of those gains in the past few years, they are Sino-American tension. stroying all of the progress made so far on pressing for more. In making this important decision, there are other United States-China trade issues. Faced with these demands, the Communist two questions that we must answer: First, is it For example, the United States has recently Party will be confronted with tough choices. in our national economic interest to continue reached an historic accord with the People's July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7299 Republic of China on protection of intellectual economic benefits that the Chinese market of- Mr. LAZIO. Mr. Speaker, the China question property rights and market access. The accord fers. has vexed American policymakers for over a contains a commitment on the part of the Chi- It is clear then, that extending MFN for century as we struggle to define our relation- nese to crack down on piracy and to enforce China is in our national economic interest. ship. intellectual property laws. It would also require However, the United States should not make China is the most populous nation on Earth China to finally open its markets to United foreign policy decisions based solely on raw and offers an enormous market for United States audio-visual products. Rescinding MFN economic benefits. In this case, we must also States products. In 1994 United States com- for China would undermine this progress, and consider the effect that today's decision will panies had $9.3 billion in sales to China. Last would eliminate any possibility of future have on our efforts to promote human rights year, companies in my home State of New progress on other trade related issuesÐsuch and regional security. York sold China nearly $600 million in goods, as full enforcement of the 1992 bilateral I can understand the motivation of some of and New York ranks fourth in the Nation in agreement prohibiting prison-made goods. my colleagues who want to link MFN trade total export sales to that country. Importantly, And there remain other serious trade prob- status to other issues like human rights, mis- exports to China support some 180,000 United lems between the U.S. and the PRC that need sile proliferation, the arrest of Harry Wu, popu- States jobs. to be addressed. lation control activities and regional security. China remains the key to the balance of For example, despite signing the 1958 New They are trying to fill the void on these impor- power in Asia, and is well on its way to being York Convention on Recognition and Enforce- tant issues resulting from the Clinton adminis- the leading player in the Asia-Pacific region. ment of Arbital Awards, China refuses to en- tration's lack of a coherent, long-term China Many experts believe that the Chinese econ- force any claims awarded against Chinese policy. I agree with them completely that this omy will someday be the largest in the world, firms under this agreement. As a result, Amer- void must be filledÐI disagree with the meth- larger than even our own. ican businesses such as Revpower, which od. MFN linkage is not the way to promote The United States Government cannot ig- was granted a $6.6 million arbital award for progress on these other issues. nore such a geopolitical giant, and for us to contracts that were violated and property that First, I believe that continuation of MFN for deny China MFN status would be foolish and was unjustly expropriated, have never been China will help promote further economic dean unwise policy. China's cooperation is es- able to collect what they are due. Such inci- velopment and reform in the PRC. In the long sential in dealing with global challenges of dents raise questions about China's sincerity term, I believe this economic reform will result nonproliferation, the environment, refugees, in enforcing such agreements and whether in political reform. That is the exact trend that and controlling narcotics traffic. Moreover, a United States investments are safe in the happened in Taiwan and South Korea and is unilateral trade embargo by the United States PRC. currently happening in Indonesia and Malay- will have little effect since Japanese and Euro- There are also many trade disagreements sia. pean corporations will quickly move to fill the associated with the PRC's accession to the Second, while perhaps having a short-term void. Importantly, we will lose the only lever- World Trade Organization [WTO] that need punitive effect on China, the denial of MFN age we have over China to bring about Demo- resolution, including the issue of permanent makes it more difficult to address our long list cratic reforms and persuade them to conform MFN statusÐwhich I support. of important non-trade concerns. with acceptable standards of international be- The fact is MFN provides the basic founda- What incentives is there for China to adhere havior. Without a strong economic presence in tion to negotiate with China on these kind of to human rights standards, comply with agree- China, the United States will have little, if any, trade issues. Without MFN, there is no trading ments it voluntarily made regarding missile ex- capacity to influence the evolution of the relationshipÐand no reason for China to listen ports and the proliferation of other weapons of Democratic process in China. to us on trade related issues. mass destruction, halt nuclear testing, release Of course, we have numerous problems Finally, American consumersÐespecially Harry Wu, ensure a smooth transition in Hong with the Chinese Government. We are deeply those with limited incomesÐare also penal- Kong, and engage in responsible negotiations troubled by: consistent human rights abuses; ized by denying MFN for China. on regional security issues if the United States the unfair imprisonment of American citizen, Many of the low-cost goods that American denies MFN? MFN denial is considered a hos- Harry Wu; an unwillingness to adhere to inter- consumers have become so used to buying tile action by Beijing. national standards of nonproliferation of nu- come from China. If we deny MFN, we will The struggle to succeed aged paramount clear weapons; a refusal to recognize the le- raise prices dramatically on those goods and leader Deng Xiaoping has already begun. De- gitimate rights of ethnic minorities; and provoc- undermine competition that lowers the price nying MFN would only exacerbate relations ative military measures in the South China on goods from elsewhere. The result is an im- and play directly into the hands of the Sea. These are issues which must be ad- plicit tax increase on average American con- hardliners who are using tensions in Sino- dressed. sumers, especially low-income families. For American relations to bolster their position. The Chinese Government should not feel example, an extra $5±$10 dollars on a shirt The reformersÐmany of whom are dependent that renewing MFN is a reward for its behav- may not be much for a Member of Congress, on further economic growth so sustain their ior, and we must keep the pressure on all but for an average working family, this cost in- popularity and reform programÐwould be un- fronts to push for Democratic reform. The crease directly affects their standard of living. dercut by the denial of MFN. And, it is these pathway to democracy is through free and In short, denying MFN for China can only very reformers who will more likely address open markets, and renewing China's MFN sta- have negative consequences for the United the human rights and proliferation concerns tus makes sense. It is good for our commer- States. At a minimum, rescinding MFN would we have. So why give their opponents ammu- cial and strategic interests, and it lays the destroy the progress we have already made nition? groundwork for sustainable long-term progress and would jeopardize future progress towards Mr. Speaker, if the Clinton administration in human rights as well as promoting many establishing an equitable trading relationship had a coherent China policy which could ef- other important issues. Mr. BEREUTER's China with the PRC. At maximum, denying MFN fectively and forcefully address these serious Policy Act, which I support, does this. It also would cause a full-fledged trade war in which concerns, then Congress would not feel com- sends an important signal to the Chinese Gov- the Chinese market would be closed to Amer- pelled to have to step-in and fill the void. Un- ernment that its continued violations of inter- ican products. fortunately, we must. nationally recognized human rights are clearly Either way, the end result would be that However, in doing so, I urge my colleagues unacceptable. Therefore, I urge my colleagues American companies would effectively be shut to do what is best for long-term American in- to support Mr. BEREUTER's China Policy Act. out of one of the most rapidly expanding ex- terests and not become sidetracked by short- Mr. ACKERMAN. Mr. Speaker, I rise in port markets in the worldÐsending hundreds term political expediency. I urge a ``no'' vote strong support of Mr. BEREUTER's resolution. of billions of dollars of future American exports on the Resolution of disapproval. It is fully within our rights to criticize the Chi- down the drain. And in addition to these lost Therefore, it is my hope that we will look at nese Government's highly inappropriate be- jobs, the standard of living of average working MFN for China, not as a point of contention havior, underscored recently by the case of families will be lowered due to increased between our two nations, but rather as the be- Harry Wu. There is no doubt in my mind that prices of consumer goods. ginning of change that will bring new under- we cannot stand idly by while an American cit- This scenario is easily avoidable. By con- standing within China. Economic gains result izen is treated with such disregard. The im- tinuing MFN status for China, we can take the in further progress on human rights which can prisonment of Mr. Wu is an insult to every next step toward promoting a strong economic only promote a new era of security coopera- American. relationship with this important trading part- tion between the United States and China. I also applaud Mr. WOLF's and Ms. PELOSI's nerÐand put ourselves in position to reap the Thank you Mr. Speaker. support for the China Policy Act. Their efforts H 7300 CONGRESSIONAL RECORD — HOUSE July 20, 1995 were instrumental in forming the final lan- In addition to sending sensitive technologies liberty also are enhanced through government guage of this bill. With that said, I must add to outlaw nations, China continues to increase to government contacts, scientific exchanges, that House Joint Resolution 96, revoking MFN its military muscle at home by: Pursuing a se- personal travel, and increased international for China, must be rejected. It is the wrong cret program to develop biological weapons; awareness of Chinese Government activities. message to send, and if we insist on sending continuing its underground nuclear test explo- While beneficial to the average Chinese citi- it, it will hurt us. It is legislation that will ac- sion program despite an international testing zen, United States commercial involvement in complish nothing politically. moratorium in effect since 1992; and conduct- China also is critical to United States eco- In that respect, what we are doing here is ing military exercises in the East China Sea nomic and strategic objectives. Since 1980, not symbolic. It is not kowtowing to China. It just north of Taiwan. when MFN was first granted to China, United is not standing on the sidelines of the issue. Mr. Speaker, Beijing has a rapsheet that States exports have increased 438 percent In fact, we are sending a very strongly would make any thug proud. But instead of compared to an overall increase in United worded message to China's leaders that we getting 10 to 20, the Chinese Government States exports of 156 percent during the same are very unhappy with their conduct. In an- keeps getting billions of dollars worth of tax time period. As other speakers will lay out, a swer to those who question a lack of action, breaks which have helped it run up a massive policy that preserves United States interaction this bill would require regular reports from the trade surplus with the United States. with Chinese society puts us in the best posi- administration to Congress detailing China's Over the years, I have stood in the well of tion to leverage the Chinese Government in progress in those areas of concern to usÐpar- the House to speak out against a Chinese re- the sensitive areas of weapons proliferation, ticularly human rights violations, nuclear pro- gime which ignores international security rules, North Korea, and market access for United liferation, and unfair trade practices. systemically oppresses it own people, and de- States exports. We are not simply sending them a hint of mands preferential trade status while refusing House Joint Resolution 96, would set back our displeasure. We are actively pursuing a to provide equal access to its own market. all progress the United States is making with change in their policy. And we will be doing so Since last year, the Chinese Government China. Such a policy of unilateral confrontation without harming our own interests. record has deteriorated even further: American must be rejected in favor of a strategy that Critics of extending MFN to China counter citizen Harry Wu has been detained, political preserves United States leadership in Asia, that revocation of this status is the only way prisoners are still being held in a Chinese and maintains our commitment to the people that we can affect change in China. They ``Gulag Archipelego'' stretching across the of China, Hong Kong, and Taiwan. claim that we can only make ourselves heard, country, and China's trade and proliferation Mr. CLEMENT. Mr. Speaker, denying most- and persuade the Chinese to adhere to inter- policies remain dismal. favored-nation status to China is not in the national norms, by disengaging ourselves eco- I stand here today in support of H.R. 2058, best interest of the United States. nomicallyÐeven at the expense of American the China Policy Act of 1995, which I believe Because of its size and location China will industry. That is totally incorrect. will send a message to Beijing's ruling clique: be a pivotal nation in the Pacific rim well into It has been said before, and I will reiterate We're watching you. We'll be checking your the 21st century. The damage inflicted by re- it. We do need to express our displeasure with progress in the nonproliferation, trade, and voking MFN to China will have serious con- the Government and ensure that our concerns human rights. And it's time to clean up your sequences for our economy. are heard and understood. For that reason, act. China has one of the fastest growing econo- we need to remain engaged in ChinaÐeco- I still however, support a complete cut-off of mies and is one of the largest markets in the nomically and politically. Without those ave- MFN status for China because I don't believe world. United States businesses have made nues, we will not have the leverage to accom- we should label as ``most favored'' the regime significant inroads into the Chinese market. In plish what all of us in Congress, and in the operating in Beijing. I hope that this bipartisan 1993, Tennessee companies exported $58 United States, deem to be of the utmost im- bill serves as a wake-up call for China's dic- million in goods to China. In 1994, Tennessee portanceÐsecuring the full observance of tators. companies exported $384 million to China, a human rights, democratic reforms, economic Mr. CRANE. Mr. Chairman, I rise in support 567-percent increase. Just last December, liberalization, and preventing the proliferation of the view that China's MFN trade status Nashville hosted the first economic summit to of China's weapons of mass destruction. should be preserved. As the previous Bereuter help Tennessee businesses learn how to cap- There is no argument here that we have bill makes clear, the Chinese Government is, italize on the Chinese market. many problems and concerns with China's in- in many ways, a brutal and anachronistic re- Denying MFN to China would surely result ternal policies and trade practices. We need to gime, intolerant of dissent and responsible for in retaliatory action against American goods, make it clear to the Chinese Government that grave human rights abuses. Yet under this re- and the loss of hundreds of thousands of jobs their intolerable policies will not go unan- pression flourishes one of the world's largest across America which are dependent upon our swered. And in answering we will use all of and most rapidly growing economies. future trade with China. In fact, a Chinese del- the means necessary within our relationship to Free-market reforms taken in the name of egation will be visiting Tennessee to pursue convey our views to them. However, we need ``Leninist Capitalism'' have dramatically in- joint venture projects with 30 Tennessee busi- to act within the construct of our established crease in the well-being of Chinese citizens to nesses. If we vote to deny MFN today we are relationship, thereby working toward our goal the degree that per capita income in China voting to kill jobs, and we are robbing States of a free and democratic China. I commend now doubles every 6 to 7 years, United States such as Tennessee of millions of dollars in po- Mr. BEREUTER on his well-written and well-di- commercial involvement in China has been an tential revenue. rected bill, and I urge its swift passage. integral part of this dramatic change, contribut- China is an extremely fertile market with tre- Mr. MARKEY. Mr. Speaker, the Chinese ing significantly to the improvement of living mendous possibilities. American businesses Government, and the defense industrial com- conditions in China. and the American economy need China. If panies through which it operates, has estab- There are currently over 2,000 United U.S. companies are forced to pull out, you can lished itself as the arms supplier of choice for States companies with $6 billion invested in be sure there are plenty of other nations that many of the world's rogue states. We have mainland China. A close look at these oper- will be all too happy to fill that void. Most im- granted China most-favored-nation status, and ations reveals countless separate contributions portantly, China needs America. The presence Beijing has responded by becoming the most to Chinese well-being above and beyond basic of businesses from the West have contributed eager vendor in the international nuclear mar- employment. United States businesses offer greatly to the transition of the Chinese market ketplace. While we, in Congress, have been management development programs, scholar- from that of state-run to privately owned and appropriating billions of dollars to encourage ships, on site medical clinics, and gifts to char- operated establishments. peace and security around the world, Beijing itable causes in China. Operating under the I certainly understand my colleagues con- has been selling weapons of mass destruction strictest standards of safety, hygiene, and en- cerns about China's human rights record, and to the highest bidders, regardless of the con- vironmental protection, these firms, by their I join them in condemning these practices. I sequences. Over the past several years, the presence and example, spread United States believe we should continue to push for human Chinese Government has: Delivered missile values and ideals throughout the communities rights improvements in China. Trade has been guidance systems to Iran; sent M±11 ballistic in China where they are located. the avenue which has allowed the West to missile technology to Pakistan and aided Paki- As employees of United States companies, make tremendous strides in bringing about a stan's efforts to develop a covert nuclear Chinese citizens are able to interact with their more open and free society in China. weapons program; sold Silkworm missiles to government on a more independent basis than The United States is committed to being a Iraq; and provided nuclear technology to Alge- would be possible absent United States sup- leader in the international community. We ria. port and employment. Pluralism and personal have been very successful because we have July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7301 led by example. It would be impossible for the is similar: factories churn out goods made with Foley Lewis (GA) Rohrabacher Forbes Lewis (KY) Ros-Lehtinen United States to lead by example if we did not slave labor. By giving MFN to China, we give Ford Lightfoot Rose have a presence in China. China a $37 billion trade surplus with usÐand Fowler Lincoln Roth Mr. Speaker, I urge the defeat of this resolu- a lot of that is blood money. The world com- Fox Linder Roukema tion. munity failed to do the right thing 50 years Frank (MA) Lipinski Roybal-Allard Mr. BARRETT of Nebraska. Mr. Speaker, I ago. We are failing to do the right thing now. Franks (CT) Livingston Royce Franks (NJ) LoBiondo Rush rise in opposition to H.J. Res. 96 that would We should be ashamed. Frelinghuysen Lofgren Sabo deny most-favored-nation [MFN] trade status Yesterday, I nominated my constituent, Mr. Frisa Longley Salmon to China. Harry Wu, for the 1996 Nobel Peace Prize for Frost Lowey Sanders I can understand the reasons why the gen- Furse Lucas Sanford his determined efforts on behalf of human Gallegly Luther tleman from Virginia proposed an MFN dis- Sawyer rights. I am saddened and disappointed that Ganske Maloney Saxton approval resolution. But, I'm not convinced the Congress will not act with the same cour- Gejdenson Manton Schaefer that an embargo, the effect of withdrawing age as demonstrated by Mr. Wu. Gekas Manzullo Schiff MFN status, would punish China's use of pris- Gephardt Markey Schroeder The SPEAKER pro tempore. All time Geren Martinez on labor, human rights abuses, and possible Schumer has expired. Gibbons Martini Scott violations of arms control agreements. Pursuant to House Resolution 193, Gilchrest Mascara Sensenbrenner Taking away MFN will actually strip us of a the previous question is ordered. Gillmor Matsui Serrano powerful tool that we can use to push for Gilman McCarthy Shadegg The previous question was ordered. Gonzalez McCollum change, while having a negligible effect on Shaw The SPEAKER pro tempore. The Goodlatte McCrery Shays China. Denying MFN to China forces us to question is on the engrossment and Goodling McDade Shuster turn our backs on Chinese human rights third reading of the bill. Gordon McDermott Sisisky Goss McHale abuses. But MFN gives us the leverage and The bill was ordered to be engrossed Skaggs Graham McHugh Skeen access needed, to encourage improvements in and read a third time, and was read the Green McInnis China's treatment of its citizens. Skelton third time. Greenwood McIntosh Slaughter Gunderson McKeon Let's keep the lines of free ideas open The SPEAKER pro tempore. The Smith (MI) Gutierrez McKinney through trade. Discussion between two friendly Smith (NJ) question is on the passage of the bill. Gutknecht McNulty Smith (TX) trading partners is more effective than criticism Hall (OH) Meehan The question was taken; and the Smith (WA) between two nations involved in an embargo Hall (TX) Meek Speaker pro tempore announced that Solomon Hamilton Menendez or trade war. Change is generated by commu- the ayes appeared to have it. Spence Hancock Metcalf nication and cooperation, not alienation. Spratt Mr. BEREUTER. Mr. Speaker, I ob- Hansen Meyers I encourage my colleagues to support the Stark ject to the vote on the ground that a Harman Mfume Stearns committee's position, in opposing this meas- Hastert Mica quorum is not present and make the Stenholm ure, and support the continuation of MFN sta- Hastings (FL) Miller (CA) Stokes point of order that a quorum is not Hastings (WA) Miller (FL) tus to China. I believe we can do what's best Studds present. Hayes Mineta for trade while engaging the Chinese to Stump The SPEAKER pro tempore. Evi- Hayworth Minge Stupak produce change. dently a quorum is not present. Hefley Mink Ms. EDDIE BERNICE JOHNSON of Texas. Hefner Molinari Talent The Sergeant at Arms will notify ab- Tanner Mr. Speaker, as we debate China's most-fa- Heineman Mollohan sent Members. Tate vored nation status, we must view American Herger Montgomery The vote was taken by electronic de- Hilleary Moorhead Tauzin policy toward China with consideration of Taylor (MS) vice, and there were—yeas 416, nays 10, Hilliard Moran many issues. Hinchey Morella Taylor (NC) answered ‘‘present’’ 1, not voting 7, as Those issues include human rights, trade, Hobson Murtha Tejeda follows: Hoekstra Myers Thomas the peaceful transition of Hong Kong and Thompson [Roll No. 536] Hoke Myrick weapons proliferation. Holden Neal Thornberry Human rights must continue to be a vital YEAS—416 Horn Nethercutt Thornton consideration as America formulates its policy Abercrombie Brownback Davis Hostettler Neumann Thurman Tiahrt toward China, as well as policy toward other Ackerman Bryant (TN) de la Garza Houghton Ney Allard Bryant (TX) Deal Hoyer Norwood Torkildsen areas of the world. Andrews Bunn DeLauro Hunter Nussle Torres Obviously, we are all concerned about Chi- Archer Bunning DeLay Hutchinson Oberstar Torricelli na's recent behavior, and the detention of Armey Burr Dellums Hyde Obey Towns American Harry Wu. Regardless of our action Baesler Buyer Deutsch Inglis Olver Traficant Baker (CA) Callahan Diaz-Balart Istook Ortiz Tucker here tonight, Mr. Wu must be released, and Baker (LA) Calvert Dickey Jackson-Lee Orton Upton we should continue to pursue that result. Baldacci Camp Dicks Jacobs Oxley Velazquez However, the United States must pursue Ballenger Canady Dingell Johnson (CT) Packard Vento policies which are specific to each of the is- Barcia Cardin Dixon Johnson (SD) Pallone Visclosky Barr Castle Doggett Johnson, E. B. Parker Volkmer sues which affect our relationship to China in Barrett (NE) Chabot Dooley Johnson, Sam Pastor Vucanovich order to achieve positive results. Barrett (WI) Chambliss Doolittle Johnston Paxon Waldholtz The continuation of China's most-favored- Bartlett Chapman Dornan Kanjorski Payne (NJ) Walker Barton Christensen Doyle nation status is a necessary part of America's Kasich Payne (VA) Walsh Bass Chrysler Dreier Kelly Pelosi Wamp policy toward China. Bateman Clay Duncan Kennedy (MA) Peterson (FL) Ward Becerra Clayton Dunn To be effective, to spread the word of free- Kennedy (RI) Peterson (MN) Waters Beilenson Clement Durbin Kennelly Petri Watt (NC) dom around the world, America must continue Bentsen Clinger Edwards Kildee Pombo Watts (OK) to be engaged in world events. Bereuter Clyburn Ehlers Kim Pomeroy Waxman Berman Coble Ehrlich Through American influence, positive King Porter Weldon (FL) Bevill Coburn Emerson changes can be made in other societies, in- Weldon (PA) Bilbray Coleman Engel Kingston Portman cluding China. The transfer of information, Bilirakis Collins (GA) English Kleczka Poshard Weller which our trade relationship provides, is cru- Bishop Collins (IL) Ensign Klink Pryce White cial to achieving change in China, without Bliley Combest Eshoo Klug Quillen Whitfield Blute Condit Evans Knollenberg Quinn Wicker MFN, this change will not occur. Boehlert Conyers Everett Kolbe Radanovich Williams Mr. STARK. Mr. Speaker, I am very dis- Boehner Cooley Ewing LaFalce Rahall Wilson appointed that the China Policy Act contains Bonilla Costello Farr LaHood Ramstad Wise no teeth, and I urge support of the resolution Bonior Cox Fattah Lantos Rangel Wolf Bono Coyne Fawell Largent Reed Woolsey disapproving MFN for China. Borski Cramer Fazio Latham Regula Wyden How long are we going to appease the mur- Boucher Crane Fields (LA) LaTourette Richardson Wynn derous, nuclear proliferating, United States-cit- Brewster Crapo Fields (TX) Laughlin Riggs Yates izen-arresting regime in Peking? Browder Cremeans Filner Lazio Rivers Young (AK) Brown (CA) Cubin Flake Leach Roberts Young (FL) Most of us have seen the movie, Brown (FL) Cunningham Flanagan Levin Roemer Zeliff ``Schindler's List.'' What is going on in China Brown (OH) Danner Foglietta Lewis (CA) Rogers Zimmer H 7302 CONGRESSIONAL RECORD — HOUSE July 20, 1995 NAYS—10 contained in section 402(c) of the Trade Act believe House rules do. We have had Burton Kaptur Souder of 1974 recommended by the President to the precedent for that when there was both Chenoweth Pickett Stockman Congress on June 2, 1995, with respect to the on the majority and minority side the Funderburk Scarborough People’s Republic of China. Jones Seastrand determination to grant Most Favored The SPEAKER pro tempore. Pursu- Nation treatment to Romania. I ob- ANSWERED ‘‘PRESENT’’—1 ant to House Resolution 193, the gen- jected on parliamentary grounds, and DeFazio tleman from Texas [Mr. ARCHER] and the Speaker at that time granted me NOT VOTING—7 the gentleman from Virginia [Mr. part of the time to express the views of WOLF] will each be recognized for 30 Bachus Moakley Reynolds those who are opposed to the tabling Collins (MI) Nadler minutes. motion. Jefferson Owens The Chair recognizes the gentleman The SPEAKER pro tempore. The from Texas [Mr. ARCHER]. b 1346 Chair will state that the rule was Mr. ARCHER. Mr. Speaker, I yield adopted pursuant to the rules of the Mrs. CHENOWETH, Mr. JONES, Mr. such times as he may consume to the House, and the rule that was adopted BURTON of Indiana, and Mrs. gentleman from Texas [Mr. ARMEY], by the House is the rule that is in ef- SEASTRAND changed their vote from the distinguished majority leader. fect for the consideration of this reso- ‘‘yea’’ to ‘‘nay.’’ Mr. ARMEY. Mr. Speaker, pursuant lution. So the bill was passed. to an agreement between the minority, Mr. LANTOS. May I continue my The result of the vote was announced the majority, and the interested par- parliamentary inquiry, Mr. Speaker? as above recorded. ties, the chairman of the Committee on The SPEAKER pro tempore. The gen- A motion to reconsider was laid on Ways and Means, the gentleman from tleman may continue. the table. Texas [Mr. ARCHER], and the gentleman Mr. LANTOS. Mr. Speaker, is there f from Virginia [Mr. WOLF], will each any rule of the House which mandates control 10 minutes to debate the mo- that a portion of the time be allocated PERSONAL EXPLANATION tion to table, after which the gen- to opponents of a proposed legislation Mr. NADLER. Mr. Speaker, earlier tleman from Virginia [Mr. WOLF] will if both the majority and the minority today I was unavoidably detained and be recognized to move to table the mo- are on one side? missed rollcall No. 536 on the Bereuter tion of disapproval. The SPEAKER pro tempore. In the amendment. Had I been present, I Mr. GEPHARDT. Mr. Speaker, will case of a specific rule, the specific rule would have voted ‘‘aye.’’ the gentleman yield? controls, and a specific rule has been f Mr. ARMEY. I yield to the gentleman adopted. from Missouri. Mr. LANTOS. Under those cir- b 1345 Mr. GEPHARDT. Mr. Speaker, I cumstances, Mr. Speaker, I ask unani- agree with the procedure, and I will be PARLIAMENTARY INQUIRY mous consent that those of us who are happy to handle our time. opposed to tabling this motion be allo- Mr. DEFAZIO. Mr. Speaker, I have a PARLIAMENTARY INQUIRY cated half the time. parliamentary inquiry. Mr. DEFAZIO. Mr. Speaker, I have a Mr. ARCHER. Mr. Speaker, reserving The SPEAKER pro tempore (Mr. EM- parliamentary inquiry. the right to object, and I do feel con- ERSON). The gentleman will state it. The SPEAKER pro tempore. The gen- strained to object, because there has Mr. DEFAZIO. Mr. Speaker, did I un- tleman from Oregon will state his par- been agreement between the majority derstand the Chair to say the bill is liamentary inquiry. and the minority as to how this issue passed? Was there not a further pend- Mr. DEFAZIO. Mr. Speaker, if I unwill be debated, so I am constrained to ing vote on the resolution of dis- derstand the majority leader, he said object. approval? on a nondebatable motion, there was The SPEAKER pro tempore. Objec- The SPEAKER pro tempore. The some agreement to debate it, 10 min- tion is heard. Chair would advise the gentleman that utes being allocated to two Members. I The Chair would state that the gen- the bill has passed. There is an addi- am wondering if that requires unani- tleman from California [Mr. LANTOS] tion measure to be considered. mous consent. could ask anyone possessing time to Mr. DEFAZIO. A separate resolution? The SPEAKER pro tempore. No, the yield to him. The SPEAKER pro tempore. Sepa- allocation of debate time is in order The Chair recognizes the gentleman rate under the rule. under the rule. from Texas, the majority leader. Pursuant to section 2 of House Reso- Mr. DEFAZIO. The rule made specifi- Mr. ARMEY. Mr. Speaker, let me lution 193, it is now in order to con- cally in order that a nondebatable mo- begin my comments by commending sider House Joint Resolution 96. tion to table be debatable, but not the Members on both sides of the aisle for f resolution itself? the professional manner in which they The SPEAKER pro tempore. The gen- have worked together to write the res- DISAPPROVAL OF EXTENSION OF tleman is correct that debate will pre- olution just passed by the House. Spe- MOST-FAVORED-NATION TREAT- cede the motion to table. cifically, I would like to commend the MENT TO THE PRODUCTS OF The Chair recognizes the gentleman minority leader, the chairman and THE PEOPLE’S REPUBLIC OF from Texas [Mr. ARMEY]. ranking members of the Committee on CHINA PARLIAMENTARY INQUIRY Ways and Means, the gentleman from Mr. ARCHER. Pursuant to House Mr. LANTOS. I have a parliamentary Nebraska [Mr. BEREUTER], the gentle- Resolution 193, I call up the Joint Res- inquiry, Mr. Speaker. woman from California [Ms. PELOSI], olution (H.J. Res. 96), disapproving the The SPEAKER pro tempore. The gen- and the gentleman from Virginia [Mr. extension of nondiscriminatory treat- tleman will state it. WOLF], all of whom made great efforts ment (most-favored-nation treatment) Mr. LANTOS. I would ask, Mr. to ensure passage of this important to the products of the People’s Repub- Speaker, are both sides in control of resolution that sends a strong signal to lic of China, and ask for its immediate the time in favor of tabling this mo- the Chinese Government about the consideration. tion? need for human rights reforms, while The Clerk read the title of the joint The SPEAKER pro tempore. The encouraging them to become a respon- resolution. Chair would note that the rule, House sible actor in the world economy. The text of House Joint Resolution 96 Resolution 193, allocates debate time I believe that continuing a trade re- is as follows: for consideration of the joint resolu- lationship with China, including en- H.R. RES. 96 tion and does not require that the time couraging the Chinese to enter the Resolved by the Senate and House of Rep- be divided between proponents and op- World Trade Organization on a com- resentatives of the United States of America in ponents. mercial basis, where they accept all Congress assembled, That the Congress does Mr. LANTOS. If I may continue my the obligations as well as the benefits not approve the extension of the authority parliamentary inquiry, Mr. Speaker, I of membership, combined with other July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7303 diplomatic initiatives, is the best way For a whole host of reasons, a large 180,000 United States jobs which are to move China toward human rights number of Members of the House want- supported by United States exports to and democracy. ed to vote on a straight up-or-down res- China are at stake. More difficult to I am concerned that escalating ten- olution of disapproval. That will not be quantify is the damage we would do to sions between the two nations, if al- allowed, Mr. Speaker. A deal was cut, the future competitiveness of United lowed to continue, and Mr. Speaker, if we were not informed of this deal, it States companies. Shutting them out I may again, to emphasize this point, I was not explicit in the rule, but a deal of the Chinese market will cripple am concerned that escalating tensions was cut. I found out about it this morn- their efforts to succeed in Asia over the between the two countries, if allowed ing in a meeting over on the Senate long term. to continue, will further set back our side. They knew about it, but it cer- China’s economy is now ranked as ability to encourage the march of de- tainly was not provided to Members of the third largest in the world, behind mocracy and free market in China. this body. only the United States and Japan. Con- The message sent by the House reso- Now, Mr. Speaker, we are going to tinuing to embark on massive infra- lution, combined with granting MFN have to vote on a motion to table. Vote structure programs, China is spending treatment, strikes the right balance. ‘‘no’’ on the motion to table. If Mem- billions of dollars annually in sectors Accordingly, I commend the House for bers want to vote up or down on MFN where the United States leads—sectors its action today and strongly urge my for China, if Members want to send such as high-technology equipment, colleagues to support the following mo- something other than a meaningless aerospace, petroleum technology and tion to table the motion of disapproval. message, they can paper it over all telecommunications. With per capita Mr. Speaker, if I may just finish on a they want, but what did the resolution income doubling every 6 or 7 years, the personal note, where I may dare speak we just adopted do? Intensify diplo- Chinese economy is expanding at an as- for all the House in this action today, matic initiatives, for the 10th year in a tounding pace. what we have done today, despite our row; a report from the President for U.S. interests on questions of na- many disappointments in the behavior the 10th year in a row about the abuse tional security are also at stake in this with respect to human rights of the in China; but there is one new signifi- debate. If the United States is to find Chinese Government, is to express our cant act, we are going to broadcast common ground with China on issues hopes and dreams for the Chinese peo- Radio-Free America into China, while such as North Korea, weapons pro- ple. It is our belief that a world in they continue all the same unfair trade liferation and military expansion in which they are free to trade is a world practices, the same repression of the South China Sea, we need a func- in which they can find greater freedom, human rights, arresting of United tioning bilateral relationship. greater peace, greater prosperity. States citizens, dealing with nuclear American policy toward China must We are willing to accommodate the proliferation. That is all going to con- continue to rest on a clear view of our Chinese people’s right to participate in tinue. long term interests, both economic and that world, and we again emphasize on All they want is the money. They do strategic. We can and should denounce behalf of the Chinese people, on behalf not care what we say. They do not care human rights abuses, but without the of freedom throughout the globe, our about empty words and gestures. They tools of engagement, we make our- encouragement to their government to understand one thing: money and selves powerless to ease the vise of observe human rights. power. Did appeasement work in state control in China. Mr. COOLEY. Mr. Speaker, will the Bosnia? Do Members think appease- I commend the gentleman from Ne- gentleman yield. ment is going to work any better with braska [Mr. BEREUTER] and my col- Mr. AREMY. I yield to the gentleman the oligarchy, the gerontocracy that leagues from both sides of the aisle for from Oregon. runs China? No. We are going to get their hard work in achieving a unified Mr. COOLEY. Mr. Speaker, I want to one vote. Vote against the motion to House position on the message we need voice my objections to my position on table. That is the only vote we will get to send to the Chinese and the mecha- the last vote. If I would have known on MFN. nism by which we have dealt with the that the rule was set in such a way, Mr. ARCHER. Mr. Speaker, I yield legislation today. We need a tough but and some of my colleagues over there, myself such time as I may consume. flexible approach to China that intel- that we would not have the oppor- Mr. Speaker, as the debate here ligently balances United States inter- tunity to debate House Joint Resolu- today has testified, the United States ests in this strategically important re- tion 96, I would not have voted in the bilateral relationship with China is gion of the world. affirmative on H.R. 2058. deeply troubled. Frankly, I do not see a b Mr. WOLF. Mr. Speaker, I yield 5 time in the immediate future when re- 1400 minutes to the gentleman from Mis- lations between our countries will not Mr. Speaker, I reserve the balance of souri [Mr. GEPHARDT], the minority be marred by difficult disputes. They my time. leader, and I ask unanimous consent arise out of authoritarianism, govern- Mr. GEPHARDT. Mr. Speaker, I yield that he be permitted to control that ment repression, and vast cultural dif- 2 minutes to the gentleman from Cali- time. ferences. fornia [Mr. LANTOS]. The SPEAKER pro tempore. Is there My goal for the United States is to Mr. LANTOS. I thank my good friend objection to the request of the gen- pursue democratic reforms in China by the distinguished leader for yielding tleman from Virginia? maintaining a strong United States me the time. There was no objection. presence. This is the only way to influ- Mr. Speaker, what is at stake now is Mr. GEPHARDT. Mr. Speaker, I yield ence the turbulent change that is oc- something far more important than 2 minutes to the gentleman from Or- curring there. MFN for China. What is at stake is the egon [Mr. DEFAZIO]. House Joint Resolution 96 is the integrity of the workings of this House. Mr. DEFAZIO. Mr. Speaker, I thank wrong approach because it would sever Many of us voted for the earlier reso- the gentleman for yielding time to me. trade ties between United States citi- lution under the assumption, which Mr. Speaker, this is a troubling mo- zens and the people in China we want was made very clear to us, that we will ment for the House of Representatives. to help the most. The commercial op- have an opportunity to vote up or down I would say that 95 percent of this portunities set in motion by MFN on MFN for China. Many of us spoke on House believed that we were going to trade status have given Chinese work- the previous resolution, indicating our have the opportunity to vote on an ac- ers and firms a strong stake in the willingness to support the rhetoric of tual resolution of disapproval for MFN free-market reforms occurring in that resolution but demanding the op- for China because of their human China. Business relationships make portunity of expressing ourselves vis-a- rights record, because of their unfair possible the transmission of our values vis China in a way that China under- trade practices, because of their acting and beliefs. They put U.S. citizens in a stands. in concert with nuclear terrorists and position to lead by example. I earnestly plead with my colleagues in violation of the nonproliferation Denying MFN to China would inflict under present circumstances to vote treaty. a high cost on United States firms. The against the motion to table. We are not H 7304 CONGRESSIONAL RECORD — HOUSE July 20, 1995 dealing not just with the China issue. Mr. ARCHER. Mr. Speaker, I yield 3 well as passionate, work of the gentle- We are now dealing with the integrity minutes to the gentleman from Florida woman from California on this subject. of the procedures of this House. [Mr. GIBBONS], the ranking minority I know of no one in this body, and I Many of us came in here seeing that member of the Committee on Ways and have followed this issue for 20 years, the previous resolution was verbiage, Means, and I ask unanimous consent who has worked harder and more dili- very little teeth in it, practically none. that he be permitted to control that gently and more intelligently on the That is why we got a practically unani- time. very difficult problem. mous vote. The feeling of the House is The SPEAKER pro tempore (Mr. EM- As she says, and let me reiterate it, divided on MFN for China, and we ERSON). Is there objection to the re- let us not dilute the message to the should have an opportunity to debate quest of the gentleman from Texas? Chinese Government and the Chinese most-favored-nation treatment for There was no objection. people that is included in the bill that China as we have had that opportunity Mr. GIBBONS. Mr. Speaker, I yield we just passed by an overwhelming 1 every single year since I have served in 1 ⁄2 minutes to the gentlewoman from vote here in the House. We do not want this body. California [Ms. PELOSI]. I know of no to dilute that. We want that message There is no reason why the 104th Con- one who is better qualified in this en- to get through very clearly. gress will decline a vote on most-fa- tire body to speak on this subject. Please lay the motion to cut off MFN vored-nation treatment for China. It Ms. PELOSI. Mr. Speaker, I thank on the table, which is not going any- will go ahead, anyway, even if we win, the gentleman for his kind words and where, will not pass, all of us know it for yielding me the time. because the President will veto our is not going to ever become law, and Mr. Speaker, I rise to say to my col- vote and we will not have the numbers let us act realistically on this. Let us leagues that I hope that you will take to override it. But it goes to the integ- the lead of our Democratic leader, the act together, and follow the lead of the rity of our procedures. I am making a gentlewoman from California. gentleman from Missouri [Mr. GEP- sincere plea on both sides to reject the Ms. PELOSI. Mr. Speaker, will the HARDT], and of the gentleman from motion to table so we can have an up- gentleman yield? Texas [Mr. ARMEY] to let this motion Mr. GIBBONS. I yield to the gentle- or-down vote on MFN for China. to table pass. I think it is in the inter- Mr. GEPHARDT. Mr. Speaker, I yield woman from California. est of promoting human rights in myself the balance of my time. Ms. PELOSI. Mr. Speaker, I am not China, of addressing our concerns (Mr. GEPHARDT asked and was sure that the motion to revoke would about unfair trade practices and the given permission to revise and extend not pass. It may not become law. But I proliferation issue. his remarks.) I want to commend once again the will not concede that we did not have Mr. GEPHARDT. Mr. Speaker, I gentleman from Nebraska [Mr. BEREU- that leverage with this body. apologize to any Member who felt that Mr. WOLF. Mr. Speaker, I yield such TER] for his leadership in working with this procedure was wrong, and any part the gentleman from Virginia [Mr. time as he may consume to the gen- that we took in setting the procedure WOLF] and with me to accommodate tleman from New York [Mr. SOLOMON]. was not meant to knock anybody out many of the provisions of our own (Mr. SOLOMON asked and was given of expressing their view. Wolf-Pelosi bill into his bill. permission to revise and extend his re- I am going to vote to table. I am as God knows over the years the gen- marks.) troubled and frustrated as anyone in tleman from Virginia [Mr. WOLF] and I Mr. SOLOMON. Mr. Speaker, I echo this country and in this body about have fought the fight on MFN in China. the remarks of the minority leader. what is happening in China. The gen- I still think an appropriate route to go Let us just tell everybody on this floor tleman from Virginia [Mr. WOLF], the might have been to condition or to tar- right now, this is the last time. Next gentlewoman from California [Ms. get certain products for revocation of year there is going to be a vote on a PELOSI], the gentleman from Nebraska MFN. But the options that we have be- resolution of disapproval, and we are [Mr. BEREUTER], and the others who fore us are to send a very clear, unified going to revoke most-favored-nation have talked on this issue and been message of support and concern about treatment for China unless that regime vocal on this issue feel as strongly as those issues. becomes a decent government in this anybody in this country. Not only that, and I address my col- world of ours. The truth is none of us know what to league the gentleman from Oregon be- Mr. Speaker, 1 year ago, when President do to get China to change. We do not cause I know of his concern on these is- Clinton severed the link between human rights want it to be another Soviet Union and sues, the Bereuter bill has teeth. It has and the annual renewal of China's MFN sta- we do not want a 40-year cold war with a reporting requirement for the Presi- tus, and the Chinese communist regime re- the largest country in the world. We dent. We have not had that before. sponded by issuing an official statement are all horribly frustrated that this Let us be frank with each other through its Foreign Ministry that called upon country does not seem to be able to about this issue. Part of the time in the United States to show sincerity and to take change, to give its people human this body we have been trying to get le- concrete action toward improving United rights. verage with the Chinese, and part of States/China relations. Whatever happens on this vote to the time we have been trying to get le- Can you imagine that? We hand them a $29 table, and I believe we will have a vote, verage with the President of the United billion trade surplus in 1994 alone and and probably we should have a vote, States to use whatever means at his softpedal our other concerns, and still the dic- but whatever happens, China must get disposal to improve human rights, tators in Beijing call on us to demonstrate sin- one message from this debate, and that eliminate the unfair trade practices, cerity and to take concrete action. is that this country will not stand by and address the proliferation issues. That is what they said. Here is what I said. forever and have people’s human rights This legislation gives us leverage with On August 9, 1994, when the House debated violated to the extent this country is the President because of the reporting whether or not to renew China's MFN, I listed violating people’s human rights. The requirement. all of the abuses that have taken place in day will come, if there is not change, I urge my colleagues to allow the mo- China ``in the context of 14 straight years of when all 435 people in this body will tion to table to pass, I hope without a MFN treatment.'' say enough is enough, and we will not vote, because I think a small vote on And I concluded, ``No, Mr. Speaker, appeas- go forward with trading with people the motion to table will send a wrong ing China does not earn us their respect and that will not give people basic human message to the Chinese Government their cooperation. It earns us their contempt.'' rights. that that is the measure of support for Now listen to these words: ``Frankly, on the Time is running out for our patience. concern in China instead of the Bereu- human rights front, the situation had deterio- We say to China with one voice, Demo- ter bill. I urge our colleagues to do as rated.'' That was Assistant Secretary of State crat, Republican, liberal, conservative, our leader has requested. Winston Lord last January 11Ðsome 7 and moderate, ‘‘Please, come into the Mr. GIBBONS. Mr. Speaker, I yield months after human rights considerations world of nations, give people human myself the balance of my time. were delinked from MFN. rights, give people basic human de- Mr. Speaker, I urge our colleagues to What a shocker. ``On the human rights front, cency.’’ please follow the wise, enlightened, as the situation has deteriorated.'' July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7305 But then Lord went on to say, ``China is a been seen since the late 1970's was reversed But in the 1990's, we seem bound and de- somewhat difficult partner these days.'' Well, decisively in the aftermath of Tiananmen termined to do what ever we can to help give hello? Square. the Chinese Communist regime the means to Few things in life are more unsettling than In 1994 alone, military spending in China realize its national ambitions. the sight of a crestfallen U.S. diplomat ex- rose by 22 percent over the previous year, Not that the people of China will benefit. pressing his disappointment at the intransigent which itself had seen a 13 percent increase They will suffer the consequences of this folly behavior of a communist regime. over the year before that. All told, military just as surely as we will. My only question is: Partner in what? spending has more than doubled since 1989. That is why, Mr. Speaker and Members, I Mr. Chairman, and Members, I actually do And these figures I have cited represent believe human rights and American values fear that we have entered into a kind of part- only the tip of the icebergÐthey are the fig- have to be put back into the central focus of nership with China, but certainly not the kind ures which the Chinese regime publishes offi- the United States-China relationship. of partnership that Winston Lord had in mind. cially. Mr. Speaker, I implore all Members to vote It is a partnership that reveals that some The true costs of research and develop- for the temporary cutoff of most-favored-na- elements in the American business community ment, procurement, and subsidies to the de- tions-status to China until they abandon their are so anxious to make a quick buck in China, fense industry are evidently spreadÐand hid- rogue status that has no respect for human and their supporters in government are so denÐthroughout China's national budget. rights or human life itself. anxious to curry favor with the dictators in Along with this dramatic acceleration in mili- Mr. WOLF. Mr. Speaker, I yield my- Beijing, that there is no policy or practice car- tary spending, China has totally revised its self such time as I may consume. Mr. Speaker, let me just say that I ried out by the Chinese Communist regime military doctrine since 1989. despise the Chinese Government as that we are not prepared to tolerate in the in- The historic reliance on a huge, land-based much as anybody in this body. Let me army has been replaced by new emphases on terest of preserving business as usual. just back up before I say that and say, United States exports to ChinaÐwhich were the building of an expanded and survivable if there is any blame for the procedure nuclear strike capability and the development already low to start with because China does today, it is my fault. If you blame, of a modern navy. not give MFN treatment to usÐrose by 60 blame me. percent in the 5 years between 1989 and Since the late 1980's, and aside from the We met with the dissidents, we met 1994. rapid expansion in its fleet of surface ships, with those who have family members During that same period, since the China has launched 11 submarines, each to in jail, we met with the Christians in Tiananmen Square massacre, Chinese ex- be armed with 12 short-to-intermediate range China, and they said this would be the ports to the United States rose by 223 per- missiles capable of delivering a nuclear war- best procedure for them. They said if cent. And our trade deficit with China has head to a target up to 3,500 miles away. we could get a good, strong vote, and in gone up by a staggering 377 percentÐto a In preparing for this debate, I was aston- the resolution that many of you maybe level of $29.5 billion in 1994 alone. ished to learn that the authoritative Jane's In- did not even read, do not denigrate the In 1989, about 23 percent of China's total formation Group, based in London, has esti- resolution. It for the first time puts exports came to the United States. By 1994, mated that if present economic trends in the Congress on record in support of that figure had risen to nearly 37 percent. China continue, and if military spending con- the democracy movement. The trade deficit we are running with China tinues to grow at its present rate, by the year Let me tell you, those of you who will approach $40 billion this year and, within 2000 China will have the second largest de- love MFN, it has put you on a spot, be- 2 years, it will be larger than the one we have fense budget in the worldÐand it could total cause next year if the Chinese have not with Japan. well over $100 billion a year. stopped all they are doing, many of you And what do we have to show for all this? Mr. Speaker, all of this is taking place at a are going to be morally obligated to More specifically, what progress can be point- time when virtually every other country on take it away. This is good and this is ed to by those who advocate trade or com- earth is reducing its military spending. what the dissidents in China said. This mercial engagementÐto use the administra- Moreover, it is coming at a time when Chi- is what the people who are students tion's termÐas the means for getting the Chi- na's borders have been more secure than at have come and said. This helps them. nese regime to modify and reform its course? any time in at least the last 150 years. And I wanted to do it. The answer is already in as far as human I sadly fear that the current sabre-rattling in Second of all, Harry Wu is a friend of rights are concerned. the Spratly Islands, which are 900 miles from mine. I helped bring Harry to town. I Things have gone from horrible to worse, if China and well within the territorial waters of feel responsible in some respects for that was even possible. the Philippines, is only a small taste of what Harry being in jail. I have been in One effort after another to try to get China it is to come. touch with Harry’s wife for the last few to open up has failed. That isn't me saying itÐ Mr. Speaker, I believe United States policy weeks. She has been by my office. We the State Department is saying it. toward China is wrong-headed and leading us have set up all the meetings. I care Yes, China loves our money. China loves its to disaster. I believed this under President about Harry. What happens to Harry is access to American markets. It's our ideas Bush and I believe it under President Clinton. partially my responsibility. that have made America so successful a de- When are we going to see the Chinese re- mocracy that the Chinese dictatorship cannot gime for what it truly is? b 1415 stand. A remorseless, ambitious, amoral, self-con- My colleagues are men and women But, today, I want to discuss a vitally impor- fident, even cocky, communist dictatorship that who are absolved from it. They did not tant issue that is only now starting to get the is bent on achieving regional dominance bring him to town. They did not hold international attention it deserves. throughout the Far EastÐthat's what it is. the hearings. They did not push Har- China's defiance of the nuclear nonprolifera- And the Far East isn't where China's ambi- ry’s organ transplant video out. I did, tion regime is well known. tions stop. Believe me, a China which is not and he is my responsibility. And if I of- But only now is notice being taken of the at peace with its own people will not be at fended anybody, I apologize, but I take rapid and unwarranted buildup of military peace with America. the full and complete responsibility for power that China has been pursuing since During the cold war, there were Members of the procedure that we are doing. 1989. Congress who criticizedÐand rightly so, in Go back into China. They are killing As long ago as 1980, China successfully certain instancesÐsome of the unsavory char- people in China 25 and under and using test-fired an ICBM capable of delivering a nu- acters and regimes with which our Govern- their kidneys for transplant. We know clear warhead to a target up to 8,000 miles ment was pursuing a relationship in the inter- that. We know that because of Harry. away. est of containing communism. We have been trying to get many of our But until 1989, most credible outside ob- But what is our excuse now? Now that the colleagues to come and see the film; servers regarded the Chinese armed forces as Soviet Union has collapsed, what is the ur- not many have come and seen the film. being a rather cumbersome, bloated, politi- gency of maintaining business-as-usual with We also know that they have a forced cized, and somewhat antiquated operation that the likes of Beijing? population policy. The gentleman from might prove to be more of a hindrance to Chi- From 1945 on, we were faced with the re- New Jersey [Mr. SMITH] has been a na's superpower ambitions than anything else. ality of Soviet power and ambition. It was leader in that. We have a video, that All of that has changed since 1989. The thereÐwe had no choice but to try to contain we could not get many of our col- gradual decline in military spending that had it. leagues to come to see, that we showed H 7306 CONGRESSIONAL RECORD — HOUSE July 20, 1995 the other day where there are dying Mr. Speaker, we should pray and we The SPEAKER pro tempore. The rooms. They put baby girls in these can pray for the defeat of communism Clerk will report the motion. rooms and they die. They die. They do in China and I believe it will come. We The Clerk read as follows: not feed them. will all live to see it. We will live to see Pursuant to House Resolution 193, Mr. My colleagues say, ‘‘What are you the day when they can sell Popsicles in WOLF moves to lay the joint resolution, talking about?’’ Come to my office. I Tiananmen Square and laugh and run House Joint Resolution 96, on the table. will show you the video. That is what and do all those things. Do my col- The SPEAKER pro tempore. The they do. We know they sold weapons. leagues want that to happen? The reso- question is on the motion offered by They sold weapons to Iraq that killed lution you passed is the right thing. Do the gentleman from Virginia [Mr. not even have a vote to table, because American men and women. We know WOLF] to lay the joint resolution on that. We know they are selling chemi- it will confuse people. the table. Mr. Speaker, my last comment is the cal weapons. We know what they are The question was taken; and the doing with regard to their nuclear Congress has been on record and my colleagues are going to have to deal Speaker pro tempore announced that technology. They are selling weapons the ayes appeared to have it. to the Khartoum Government in Sudan with this next year. Unless the Good Mr. LANTOS. Mr. Speaker, I object that are being used to kill black Afri- Lord takes me, I am coming back next to the vote on the ground that a cans in the Sudan. year and if there has been no change, I know how bad they are. I know they we are going to put in a motion to dis- quorum is not present and make the are worse than many of my colleagues approve. point of order that a quorum is not even think they are. Do I believe that The last thing I say to the business present. business is necessarily going to change community, if they happen to be lis- The SPEAKER pro tempore. Evi- them? I don’t believe it. I am not a tening, I would have hoped that the dently a quorum is not present. mercantile Republican Cato libertar- business community would have taken The Sergeant at Arms will notify ab- ian. I don’t believe business necessarily the same attitude that the gentleman sent Members. changes it. from Nebraska [Mr. BEREUTER] and The vote was taken by electronic de- Mr. Speaker, I have been to the Holo- many Republicans and Democrats who vice, and there were—yeas 321, nays caust Museum and I saw the people have come together. The business com- 107, not voting 6, as follows: that made the same argument with munity has been silent. They have been [Roll No. 537] silent. Nazi Germany in 1933 and 1935 and 1937. YEAS—321 Do a little more business and maybe it It reminds me of the statement about selling the rope to hang themselves. Ackerman Cramer Greenwood will change them. I do not believe it Allard Crane Gunderson will. They have been silent and that has Archer Crapo Gutknecht I have met with Li Peng, the gen- been disappointing. I would have hoped Armey Cremeans Hall (OH) that Boeing would have spoken out and Baesler Cubin Hall (TX) tleman from New Jersey [Mr. SMITH] I would have hoped that TRW would Baker (LA) Cunningham Hamilton and I. He is a butcher. He has blood on Baldacci Danner Hancock his hands. The blood drips from his have spoken out, but they went silent. Barcia Davis Hansen But the Congress did not go silent. hands. And some day when Li Peng Barrett (NE) de la Garza Harman We have a lot to be proud of. The mes- Barrett (WI) Deal Hastert stands before the King of Kings and the sage that I want the Chinese peasants Bartlett DeLauro Hastings (FL) Lord of Lords, he is going to have to Barton DeLay Hastings (WA) to hear tomorrow morning when they explain what he did and how he killed Bass Deutsch Hayes listen to the little crystal set and they Bateman Dickey Hayworth all of those people. pick up the TV station or radio show, Becerra Dicks Herger But what does that get us now? We the United States Congress, the peo- Beilenson Dingell Hilleary can put our frustration and offer it, Bentsen Dixon Hinchey ple’s Congress, the Congress that the and I apologize and ask my colleagues’ Bereuter Doggett Hoke American people elect here, will send a Berman Dooley Hostettler forgiveness. I beg their forgiveness if I message that we care deeply; that we Bevill Doyle Houghton offended anybody. But if we get a vote Bilbray Dreier Hyde commend, not condemn, the freedom Bilirakis Dunn Istook with 35 or 38, we will confuse the Chi- movement; that we condemn slave nese. They do not know what that Bishop Durbin Jackson-Lee labor; that we condemn the organ Bliley Edwards Jacobs means; they know what this means. transplants; we condemn the forced Blute Ehlers Johnson (CT) And many of my colleagues, many of Boehlert Emerson Johnson (SD) population policy. We condemn all of them voted for this really without Boehner English Johnson, E. B. them. Bonilla Ensign Johnson, Sam reading it. This is tough. The gen- Mr. Speaker, we require this adminis- Bonior Eshoo Johnston tleman from Nebraska [Mr. BEREUTER] tration, which has been equally bad as Bono Everett Kanjorski did a great job. And I take my hat off Borski Ewing Kasich the Bush administration on this, to Boucher Farr Kelly to the Speaker. The Speaker was in- make reports, so next year when this Brewster Fattah Kennedy (RI) volved in working this out. I do not comes out we have the reports that are Browder Fawell Kennelly think we could have done it if he had due. Brown (CA) Fazio Kim not put his personal prestige on the Brown (FL) Fields (TX) Kingston Lastly, Mr. Speaker, Radio Free Asia Brownback Filner Kleczka line. This was not some fly by night whereby when we go to Eastern Europe Bryant (TN) Flake Klink thing we did. This will help the democ- they would say that the Radio Free Eu- Bryant (TX) Flanagan Klug racy movement in China. rope made a difference. Bunn Foglietta Knollenberg As I made a note, as I commented the Buyer Foley Kolbe I want to thank those who were in- Callahan Fowler LaFalce first time I debated it, I said every volved in this. Again, it is my fault for Calvert Fox LaHood night I pray for China. I pray that messing up, if we messed up. It was a Camp Franks (CT) Largent China is free. I remember once I was at Canady Franks (NJ) Latham mistake of the heart and not of the Castle Frelinghuysen LaTourette a town meeting several years ago and a mind, if you will. Chabot Frisa Laughlin lady asked me, ‘‘What happened? Why Now, I would hope and pray that Chambliss Frost Lazio did communism fall?’’ And you know there be no vote, but I understand that Christensen Furse Leach what I said to her? I said what any Re- Chrysler Gallegly Levin Members would do it. Clayton Ganske Lewis (CA) publican would say. I said, ‘‘It fell be- Mr. ARCHER. Mr. Speaker, I yield Clement Gekas Lightfoot cause we had the B–1 and Ronald back the balance of my time. Clinger Gephardt Lincoln Reagan was tough and all.’’ The SPEAKER pro tempore. Pursu- Clyburn Geren Linder ant to House Resolution 193, and sec- Coleman Gibbons Livingston And you know what she said? She Collins (GA) Gilchrest LoBiondo said, ‘‘Young man that is not why it tions 152 and 153 of the Trade Act of Collins (IL) Gillmor Lofgren fell. Maybe that helped, but’’ she said, 1974, the previous question is ordered. Combest Gilman Longley Condit Gonzalez Lowey ‘‘communism fell because many of us MOTION OFFERED BY MR. WOLF Conyers Goodlatte Lucas as little girls and boys have been pray- Mr. WOLF. Mr. Speaker, pursuant to Costello Gordon Luther ing for the defeat of communism.’’ House Resolution 193, I offer a motion. Coyne Green Maloney July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7307 Manton Peterson (FL) Smith (WA) BECERRA, RANGEL, RAHALL, REED, Congress assembled, That the following sums Manzullo Peterson (MN) Stenholm DICKEY, Mrs. MEEK of Florida, Mr. are appropriated, out of any money in the Martinez Petri Stokes Treasury not otherwise appropriated, for Ag- Martini Pickett Studds ORTIZ, and Mr. MEEHAN changed riculture, Rural Development, Food and Mascara Pomeroy Stump their vote from ‘‘nay’’ to yea.’’ Drug Administration, and Related Agencies Matsui Portman Stupak So the motion to table was agreed to. McCarthy Poshard Talent programs for the fiscal year ending Septem- McCollum Pryce Tanner The result of the vote was announced ber 30, 1996, and for other purposes, namely: as above recorded. McCrery Quillen Tate TITLE I McDade Quinn Tauzin A motion to reconsider was laid on McHale Radanovich Tejeda the table. AGRICULTURAL PROGRAMS McHugh Rahall Thomas McIntosh Ramstad Thornberry f PRODUCTION, PROCESSING, AND MARKETING McKeon Rangel Thornton OFFICE OF THE SECRETARY McNulty Reed Thurman PERSONAL EXPLANATION Meehan Regula Tiahrt (INCLUDING TRANSFERS OF FUNDS) Meek Richardson Torkildsen Mr. VOLKMER. Mr. Speaker, on For necessary expenses of the Office of the Meyers Riggs Torres Wednesday, July 19, I missed two roll- Secretary of Agriculture, and not to exceed Mica Rivers Towns call votes during consideration of H.R. $75,000 for employment under 5 U.S.C. 3109, Miller (FL) Roberts Tucker Mineta Roemer Upton 2020, the Treasury, Postal Service, gen- $10,227,000, of which $7,500,000 shall be avail- Minge Rogers Visclosky eral Government appropriations for fis- able for InfoShare: Provided, That not to ex- Molinari Roth Volkmer cal year 1996, and one rollcall vote dur- ceed $11,000 of this amount, along with any Mollohan Roukema Vucanovich ing consideration of H.R. 1976, the Ag- unobligated balances of representation funds Montgomery Roybal-Allard Walker riculture appropriation for fiscal year in the Foreign Agricultural Service shall be Moorhead Rush Walsh available for official reception and represen- Moran Sabo Ward 1996. On rollcall vote No. 527 I would tation expenses, not otherwise provided for, Morella Salmon Watts (OK) have voted ‘‘aye.’’ On rollcall No. 528 I as determined by the Secretary. Murtha Sanford Waxman would have voted ‘‘nay.’’ On rollcall Myers Sawyer Weldon (FL) EXECUTIVE OPERATIONS Myrick Saxton Weller No. 535 I would have voted ‘‘nay.’’ CHIEF ECONOMIST Neal Schaefer White f Nethercutt Schiff Whitfield For necessary expenses of the Chief Econo- Neumann Schumer Wicker b 1545 mist, including economic analysis, risk as- Ney Serrano Williams sessment, cost benefit analysis, and the func- Norwood Shadegg Wilson GENERAL LEAVE Nussle Shaw Wise tions of the World Agricultural Outlook Obey Shays Wolf Mr. SKEEN. Mr. Speaker, I ask unan- Board, as authorized by the Agricultural Ortiz Shuster Woolsey imous consent that all Members may Marketing Act of 1946 (7 U.S.C. 1622g), and in- Oxley Sisisky Wyden have 5 legislative days in which to re- cluding employment pursuant to the second Packard Skaggs Yates sentence of the section 706(a) of the Organic Pastor Skeen Young (AK) vise and extend their remarks on the Act of 1944 (7 U.S.C. 2225), of which not to ex- Paxon Skelton Young (FL) bill, H.R. 1976, and that I may include Payne (VA) Smith (MI) Zeliff ceed $5,000 is for employment under 5 U.S.C. Pelosi Smith (TX) Zimmer tabular and extraneous material. 3109, $3,748,000. The SPEAKER pro tempore (Mr. EM- NATIONAL APPEALS DIVISION NAYS—107 ERSON). Is there objection to the re- Abercrombie Hefner Payne (NJ) quest of the gentleman from New Mex- For necessary expenses of the National Ap- peals Division, including employment pursu- Andrews Heineman Pombo ico? Baker (CA) Hilliard Porter ant to the second sentence of section 706(a) Ballenger Hobson Rohrabacher There was no objection. of the Organic Act of 1944 (7 U.S.C. 2225), of Barr Hoekstra Ros-Lehtinen f which not to exceed $25,000 is for employ- Brown (OH) Holden Rose ment under 5 U.S.C. 3109, $11,846,000. Bunning Horn Royce AGRICULTURE, RURAL DEVELOP- Burr Hoyer OFFICE OF BUDGET AND PROGRAM ANALYSIS Sanders MENT, FOOD AND DRUG ADMIN- Burton Hunter Scarborough For necessary expenses of the Office of Cardin Hutchinson Schroeder ISTRATION, AND RELATED Chapman Inglis Budget and Program Analysis, including em- Scott AGENCIES APPROPRIATIONS ployment pursuant to the second sentence of Chenoweth Jones Seastrand ACT, 1996 Coble Kaptur Sensenbrenner section 706(a) of the Organic Act of 1944 (7 Coburn Kennedy (MA) Slaughter The SPEAKER pro tempore. Pursu- U.S.C. 2225), of which not to exceed $5,000 is Cooley Kildee Smith (NJ) for employment under 5 U.S.C. 3109, Cox King ant to House Resolution 188 and rule Solomon $5,899,000. DeFazio Lantos XXIII, the Chair declares the House in Souder Dellums Lewis (GA) CHIEF FINANCIAL OFFICER Spence the Committee of the Whole House on Diaz-Balart Lewis (KY) Spratt the State of the Union for the further For necessary expenses of the Office of the Doolittle Lipinski Dornan Markey Stark consideration of the bill, H.R. 1976. Chief Financial Officer, including employ- Stearns ment pursuant to the second sentence of sec- Duncan McDermott b Ehrlich McInnis Stockman 1445 tion 706(a) of the Organic Act of 1944 (7 U.S.C. Taylor (MS) Engel McKinney IN THE COMMITTEE OF THE WHOLE 2225), of which not to exceed $10,000 is for em- Evans Menendez Taylor (NC) ployment under 5 U.S.C. 3109, $4,133,000: Pro- Fields (LA) Metcalf Thompson Accordingly the House resolved itself Torricelli vided, That the Chief Financial Officer shall Forbes Mfume into the Committee of the Whole House reinstate and market cross-servicing activi- Ford Miller (CA) Traficant on the State of the Union for the fur- Frank (MA) Mink Velazquez ties of the National Finance Center: Provided Funderburk Nadler Vento ther consideration of the bill (H.R. further, That none of the funds appropriated Gejdenson Oberstar Waldholtz 1976) making appropriations for Agri- or otherwise made available by this Act shall Goodling Olver Wamp culture, Rural Development, Food and be used to obtain, modify, re-engineer, li- Goss Orton Waters Drug Administration, and related agen- cense, operate, implement, or expand com- Graham Owens Watt (NC) cies programs for the fiscal year ending mercial off-the-shelf financial management Gutierrez Pallone Weldon (PA) software systems or existing commercial off- Hefley Parker Wynn September 30, 1996, and for other pur- the-shelf system financial management con- NOT VOTING—6 poses with Mr. KLUG in the chair. tracts, beyond general ledger systems and The Clerk read the title of the bill. Bachus Collins (MI) Moakley accounting support software, at the National Clay Jefferson Reynolds The CHAIRMAN. When the Commit- Finance Center until thirty legislative days tee of the Whole rose on Wednesday, after the Secretary of Agriculture submits to b 1444 July 9, 1995, the amendments en bloc the House and Senate Committees on Appro- Messrs. DOOLITTLE, WAMP, WYNN, printed in House Report 104–185 offered priations a complete and thorough cost-bene- COBLE, LEWIS of Kentucky, Ms. WA- by the gentleman from New Mexico fit analysis and a certification by the Sec- TERS, and Messrs. MEEHAN, SPENCE, [Mr. SKEEN] had been disposed of. retary of Agriculture that this analysis pro- The Clerk will designate title I. vides a detailed and accurate cost-benefit PORTER, HEFNER, and GRAHAM analysis comparison between obtaining or changed their vote from ‘‘yea’’ to The text of title I is as follows: expanding commercial off-the-shelf software ‘‘nay.’’ H.R. 1976 systems and conducting identical or com- Messrs. SMITH of Michigan, WISE, Be it enacted by the Senate and House of Rep- parable software systems acquisitions, re-en- ACKERMAN, CUNNINGHAM, resentatives of the United States of America in gineering, or modifications in-house. H 7308 CONGRESSIONAL RECORD — HOUSE July 20, 1995

OFFICE OF THE ASSISTANT SECRETARY FOR travel expenses incident to the holding of $40,000 shall be available for employment ADMINISTRATION hearings as required by 5 U.S.C. 551–558. under 5 U.S.C. 3109. For necessary salaries and expenses of the OFFICE OF THE ASSISTANT SECRETARY FOR AGRICULTURAL RESEARCH SERVICE Office of the Assistant Secretary for Admin- CONGRESSIONAL RELATIONS (INCLUDING TRANSFERS OF FUNDS) istration to carry out the programs funded For necessary salaries and expenses of the in this Act, $596,000. Office of the Assistant Secretary for Con- For necessary expenses to enable the Agri- AGRICULTURE BUILDINGS AND FACILITIES AND gressional Relations to carry out the pro- cultural Research Service to perform agri- RENTAL PAYMENTS grams funded in this Act, including pro- cultural research and demonstration relating (INCLUDING TRANSFERS OF FUNDS) grams involving intergovernmental affairs to production, utilization, marketing, and distribution (not otherwise provided for); For payment of space rental and related and liaison within the executive branch, home economics or nutrition and consumer costs pursuant to Public Law 92–313, includ- $3,797,000: Provided, That no other funds ap- use including the acquisition, preservation, ing authorities pursuant to the 1984 delega- propriated to the Department in this Act and dissemination of agricultural information of authority from the Administrator of shall be available to the Department for sup- tion; and for acquisition of lands by dona- General Services to the Department of Agri- port of activities of congressional relations. tion, exchange, or purchase at a nominal culture, for programs and activities of the OFFICE OF COMMUNICATIONS cost not to exceed $100, $705,610,000: Provided, Department which are included in this Act, For necessary expenses to carry on serv- That appropriations hereunder shall be $110,187,000, of which $20,216,000 shall be re- ices relating to the coordination of programs available for temporary employment pursu- tained by the Department for the operation, involving public affairs, for the dissemina- ant to the second sentence of section 706(a) maintenance, and repair of Agriculture tion of agricultural information, and the co- of the Organic Act of 1944 (7 U.S.C. 2225), and buildings: Provided, That in the event an ordination of information, work, and pro- not to exceed $115,000 shall be available for agency within the Department should re- grams authorized by Congress in the Depart- employment under 5 U.S.C. 3109: Provided fur- quire modification of space needs, the Sec- ment, $8,198,000, including employment pur- ther, That appropriations hereunder shall be retary of Agriculture may transfer a share of suant to the second sentence of section 706(a) available for the operation and maintenance that agency’s appropriation made available of the Organic Act of 1944 (7 U.S.C. 2225), of of aircraft and the purchase of not to exceed by this Act to this appropriation, or may which not to exceed $10,000 shall be available one for replacement only: Provided further, transfer a share of this appropriation to that for employment under 5 U.S.C. 3109, and not That appropriations hereunder shall be agency’s appropriation, but such transfers to exceed $2,000,000 may be used for farmers’ available pursuant to 7 U.S.C. 2250 for the shall not exceed 5 percent of the funds made bulletins. construction, alteration, and repair of build- available for space rental and related costs OFFICE OF THE INSPECTOR GENERAL ings and improvements, but unless otherwise to or from this account. In addition, for con- provided the cost of constructing any one struction, repair, improvement, extension, For necessary expenses of the Office of the building shall not exceed $250,000, except for alteration, and purchase of fixed equipment Inspector General, including employment headhouses or greenhouses which shall each or facilities as necessary to carry out the pursuant to the second sentence of section be limited to $1,000,000, and except for ten programs of the Department, where not oth- 706(a) of the Organic Act of 1944 (7 U.S.C. buildings to be constructed or improved at a erwise provided, $25,587,000, to remain avail- 2225), and the Inspector General Act of 1978, cost not to exceed $500,000 each, and the cost able until expended; making a total appro- as amended, $63,639,000, including such sums of altering any one building during the fiscal priation of $135,774,000. as may be necessary for contracting and other arrangements with public agencies and year shall not exceed 10 percent of the cur- ADVISORY COMMITTEES (USDA) private persons pursuant to section 6(a)(9) of rent replacement value of the building or For necessary expenses for activities of ad- the Inspector General Act of 1978, as amend- $250,000, whichever is greater: Provided fur- visory committees of the Department of Ag- ed, including a sum not to exceed $50,000 for ther, That the limitations on alterations con- riculture which are included in this Act, employment under 5 U.S.C. 3109; and includ- tained in this Act shall not apply to mod- $800,000: Provided, That no other funds appro- ing a sum not to exceed $95,000 for certain ernization or replacement of existing facili- priated to the Department in this Act shall confidential operational expenses including ties at Beltsville, Maryland: Provided further, be available to the Department for support the payment of informants, to be expended That the foregoing limitations shall not of activities of advisory committees. under the direction of the Inspector General apply to replacement of buildings needed to HAZARDOUS WASTE MANAGEMENT pursuant to Public Law 95–452 and section carry out the Act of April 24, 1948 (21 U.S.C. (INCLUDING TRANSFERS OF FUNDS) 1337 of Public Law 97–98. 113a): Provided further, That the foregoing limitations shall not apply to the purchase For necessary expenses of the Department OFFICE OF THE GENERAL COUNSEL of Agriculture, to comply with the require- of land at Beckley, West Virginia: Provided For necessary expenses of the Office of the further, That not to exceed $190,000 of this ap- ment of section 107(g) of the Comprehensive General Counsel, $27,860,000. Environmental Response, Compensation, and propriation may be transferred to and OFFICE OF THE UNDER SECRETARY FOR Liability Act, as amended, 42 U.S.C. 9607(g), merged with the appropriation for the Office RESEARCH, EDUCATION AND ECONOMICS section 6001 of the Resource Conservation of the Under Secretary for Research, Edu- and Recovery Act, as amended, 42 U.S.C. For necessary salaries and expenses of the cation and Economics for the scientific re- 6961, $15,700,000, to remain available until ex- Office of the Under Secretary for Research, view of international issues involving agricultural chemicals and food additives: pended: Provided, That appropriations and Education and Economics to administer the Pro- funds available herein to the Department for laws enacted by the Congress for the Eco- vided further, That funds may be received Hazardous Waste Management may be trans- nomic Research Service, the National Agri- from any State, other political subdivision, ferred to any agency of the Department for cultural Statistics Service, the Agricultural organization, or individual for the purpose of its use in meeting all requirements pursuant Research Service and the Cooperative State establishing or operating any research facil- to the above Acts on Federal and non-Fed- Research, Education, and Extension Service, ity or research project of the Agricultural eral lands. $520,000. Research Service, as authorized by law: Pro- ECONOMIC RESEARCH SERVICE vided further, That all rights and title of the DEPARTMENTAL ADMINISTRATION United States in the property known as For necessary expenses of the Economic (INCLUDING TRANSFERS OF FUNDS) USDA Houma Sugar Cane Research Labora- Research Service in conducting economic re- For Personnel, Operations, Information tory, consisting of approximately 20 acres in search and analysis, as authorized by the Ag- Resources Management, Civil Rights En- the City of Houma and 150 acres of farmland ricultural Marketing Act of 1946 (7 U.S.C. forcement, Small and Disadvantaged Busi- in Chacahula, Louisiana, including facilities 1621–1627) and other laws, $53,131,000: Pro- ness Utilization, Administrative Law Judges and equipment, shall be conveyed to the vided, That this appropriation shall be avail- and Judicial Officer, Disaster Management American Sugar Cane League: Provided fur- able for employment pursuant to the second and Coordination, and Modernization of the ther, That all rights and title of the United sentence of section 706(a) of the Organic Act Administrative Process, $27,986,000, to pro- States in the Agricultural Research Station of 1944 (7 U.S.C. 2225). vide for necessary expenses for management at Brawley, California, consisting of 80 acres support services to offices of the Department NATIONAL AGRICULTURAL STATISTICS SERVICE of land, including facilities and equipment, and for general administration and disaster For necessary expenses of the National Ag- shall be conveyed to Imperial County, Cali- management of the Department, repairs and ricultural Statistics Service in conducting fornia: Provided further, That all rights and alterations, and other miscellaneous supplies statistical reporting and service work, in- title of the United States in the Pecan Ge- and expenses not otherwise provided for and cluding crop and livestock estimates, statis- netics and Improvement Research Labora- necessary for the practical and efficient tical coordination and improvements, and tory, consisting of 84.2 acres of land, includ- work of the Department, including employ- marketing surveys, as authorized by the Ag- ing facilities and equipment, shall be con- ment pursuant to the second sentence of sec- ricultural Marketing Act of 1946 (7 U.S.C. veyed to Texas A&M University: Provided tion 706(a) of the Organic Act of 1944 (7 U.S.C. 1621–1627) and other laws, $81,107,000: Pro- further, That the property originally con- 2225), of which not to exceed $10,000 is for em- vided, That this appropriation shall be avail- veyed by the State of Tennessee to the U.S. ployment under 5 U.S.C. 3109: Provided, That able for employment pursuant to the second Department of Agriculture, Agricultural Re- this appropriation shall be reimbursed from sentence of section 706(a) of the Organic Act search Service, in Lewisburg, Tennessee be applicable appropriations in this Act for of 1944 (7 U.S.C. 2225), and not to exceed conveyed to the University of Tennessee. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7309 None of the funds in the foregoing para- $2,898,000; payments for the pesticide impact least 40 percent: Provided further, That this graph shall be available to carry out re- assessment program under section 3(d) of the appropriation shall be available for field em- search related to the production, processing Act, $3,363,000; payments to upgrade 1890 ployment pursuant to the second sentence of or marketing of tobacco or tobacco products. land-grant college research, extension, and section 706(a) of the Organic Act of 1944 (7 BUILDINGS AND FACILITIES teaching facilities as authorized by section U.S.C. 2225), and not to exceed $40,000 shall be 1447 of Public Law 95–113, as amended (7 available for employment under 5 U.S.C. For acquisition of land, construction, re- U.S.C. 3222b), $7,664,000, to remain available 3109: Provided further, That this appropria- pair, improvement, extension, alteration, until expended; payments for the rural devel- tion shall be available for the operation and and purchase of fixed equipment or facilities opment centers under section 3(d) of the Act, maintenance of aircraft and the purchase of as necessary to carry out the agricultural re- $921,000; payments for a groundwater quality not to exceed four, of which two shall be for search programs of the Department of Agri- program under section 3(d) of the Act, replacement only: Provided further, That, in culture, where not otherwise provided, $10,897,000; payments for the agricultural addition, in emergencies which threaten any $30,200,000, to remain available until ex- telecommunications program, as authorized segment of the agricultural production in- pended (7 U.S.C. 2209b): Provided, That funds by Public Law 101–624 (7 U.S.C. 5926), dustry of this country, the Secretary may may be received from any State, other polit- $1,184,000; payments for youth-at-risk pro- transfer from other appropriations or funds ical subdivision, organization, or individual grams under section 3(d) of the Act, available to the agencies or corporations of for the purpose of establishing any research $9,700,000; payments for a food safety pro- the Department such sums as he may deem facility of the Agricultural Research Serv- gram under section 3(d) of the Act, $2,400,000; necessary, to be available only in such emer- ice, as authorized by law. payments for carrying out the provisions of gencies for the arrest and eradication of con- COOPERATIVE STATE RESEARCH, EDUCATION, the Renewable Resources Extension Act of tagious or infectious diseases or pests of ani- AND EXTENSION SERVICE 1978, $3,241,000; payments for Indian reserva- mals, poultry, or plants, and for expenses in RESEARCH AND EDUCATION ACTIVITIES tion agents under section 3(d) of the Act, accordance with the Act of February 28, 1947, For payments to agricultural experiment $1,697,000; payments for sustainable agri- as amended, and section 102 of the Act of stations, for cooperative forestry and other culture programs under section 3(d) of the September 21, 1944, as amended, and any un- research, for facilities, and for other ex- Act, $3,463,000; payments for cooperative ex- expended balances of funds transferred for penses, including $166,165,000 to carry into ef- tension work by the colleges receiving the such emergency purposes in the next preced- fect the provisions of the Hatch Act (7 U.S.C. benefits of the second Morrill Act (7 U.S.C. ing fiscal year shall be merged with such 361a–361i); $20,185,000 for grants for coopera- 321–326, 328) and Tuskegee University, transferred amounts: Provided further, That tive forestry research (16 U.S.C. 582a–582–a7); $24,708,000; and for Federal administration appropriations hereunder shall be available $27,313,000 for payments to the 1890 land- and coordination including administration of pursuant to law (7 U.S.C. 2250) for the repair grant colleges, including Tuskegee Univer- the Smith-Lever Act, as amended, and the and alteration of leased buildings and im- sity (7 U.S.C. 3222); $31,485,000 for special Act of September 29, 1977 (7 U.S.C. 341–349), provements, but unless otherwise provided grants for agricultural research (7 U.S.C. as amended, and section 1361(c) of the Act of the cost of altering any one building during 450i(c)); $11,599,000 for special grants for agri- October 3, 1980 (7 U.S.C. 301n), and to coordi- the fiscal year shall not exceed 10 percent of cultural research on improved pest control (7 nate and provide program leadership for the the current replacement value of the build- U.S.C. 450i(c)); $98,810,000 for competitive re- extension work of the Department and the ing. search grants (7 U.S.C. 450i(b)); $5,051,000 for several States and insular possessions, In fiscal year 1996 the agency is authorized the support of animal health and disease pro- $6,181,000; in all, $413,257,000: Provided, That to collect fees to cover the total costs of programs (7 U.S.C. 195); $1,150,000 for supple- funds hereby appropriated pursuant to sec- viding technical assistance, goods, or serv- mental and alternative crops and products (7 tion 3(c) of the Act of June 26, 1953, and sec- ices requested by States, other political sub- U.S.C. 3319d); $475,000 for rangeland research tion 506 of the Act of June 23, 1972, as amend- divisions, domestic and international organi- grants (7 U.S.C. 3331–3336); $3,500,000 for high- ed, shall not be paid to any State, the Dis- zations, foreign governments, or individuals, er education graduate fellowships grants (7 trict of Columbia, Puerto Rico, Guam, or the provided that such fees are structured such U.S.C. 3152(b)(6)), to remain available until Virgin Islands, Micronesia, Northern Mari- that any entity’s liability for such fees is expended (7 U.S.C. 2209b); $4,350,000 for higher anas, and American Samoa prior to avail- reasonably based on the technical assistance, education challenge grants (7 U.S.C. ability of an equal sum from non-Federal goods, or services provided to the entity by 3152(b)(1)); $1,000,000 for a higher education sources for expenditure during the current the agency, and such fees shall be credited to minority scholars program (7 U.S.C. fiscal year. this account, to remain available until ex- 3152(b)(5)), to remain available until ex- OFFICE OF THE ASSISTANT SECRETARY FOR pended, without further appropriation, for pended (7 U.S.C. 2209b); $4,000,000 for aqua- MARKETING AND REGULATORY PROGRAMS providing such assistance, goods, or services. culture grants (7 U.S.C. 3322); $8,000,000 for For necessary salaries and expenses of the BUILDINGS AND FACILITIES sustainable agriculture research and edu- Office of the Assistant Secretary for Market- For plans, construction, repair, preventive cation (7 U.S.C. 5811); and $6,289,000 for nec- ing and Regulatory Programs to administer maintenance, environmental support, im- essary expenses of Research and Education programs under the laws enacted by the Con- provement, extension, alteration, and pur- Activities, of which not to exceed $100,000 gress for the Animal and Plant Health In- chase of fixed equipment or facilities, as au- shall be for employment under 5 U.S.C. 3109; spection Service, Agricultural Marketing thorized by 7 U.S.C. 2250, and acquisition of in all, $389,372,000. Service, and the Grain Inspection, Packers land as authorized by 7 U.S.C. 428a, None of the funds in the foregoing para- and Stockyards Administration, $605,000. graph shall be available to carry out re- $12,541,000, to remain available until ex- ANIMAL AND PLANT HEALTH INSPECTION pended. search related to the production, processing SERVICE or marketing of tobacco or tobacco products. AGRICULTURAL MARKETING SERVICE SALARIES AND EXPENSES NATIVE AMERICAN INSTITUTIONS ENDOWMENT (INCLUDING TRANSFERS OF FUNDS) MARKETING SERVICES FUND For expenses, not otherwise provided for, For necessary expenses to carry on serv- For establishment of a Native American including those pursuant to the Act of Feb- ices related to consumer protection, agricul- institutions endowment fund, as authorized ruary 28, 1947, as amended (21 U.S.C. 114b–c), tural marketing and distribution, transpor- by Public Law 130–382 (7 U.S.C. 301 note.), necessary to prevent, control, and eradicate tation, and regulatory programs, as author- $4,600,000. pests and plant and animal diseases; to carry ized by law, and for administration and co- EXTENSION ACTIVITIES out inspection, quarantine, and regulatory ordination of payments to States; including Payments to States, the District of Colum- activities; to discharge the authorities of the field employment pursuant to section 706(a) bia, Puerto Rico, Guam, the Virgin Islands, Secretary of Agriculture under the Act of of the Organic Act of 1944 (7 U.S.C. 2225), and Micronesia, Northern Marianas, and Amer- March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); not to exceed $90,000 for employment under 5 ican Samoa: For payments for cooperative and to protect the environment, as author- U.S.C. 3109, $46,662,000, including funds for extension work under the Smith-Lever Act, ized by law, $333,410,000, of which $4,799,000 the wholesale market development program as amended, to be distributed under sections shall be available for the control of out- for the design and development of wholesale 3(b) and 3(c) of said Act, and under section breaks of insects, plant diseases, animal dis- and farmer market facilities for the major 208(c) of Public Law 93–471, for retirement eases and for control of pest animals and metropolitan areas of the country: Provided, and employees’ compensation costs for ex- birds to the extent necessary to meet emer- That this appropriation shall be available tension agents and for costs of penalty mail gency conditions: Provided, That in fiscal pursuant to law (7 U.S.C. 2250) for the alter- for cooperative extension agents and State year 1996, amounts in the agricultural quar- ation and repair of buildings and improve- extension directors, $264,405,000; payments antine inspection user fee account shall be ments, but the cost of altering any one for the nutrition and family education pro- available for authorized purposes without building during the fiscal year shall not ex- gram for low-income areas under section 3(d) further appropriation: Provided further, That ceed 10 percent of the current replacement of the Act, $59,588,000; payments for the pest no funds shall be used to formulate or ad- value of the building. management program under section 3(d) of minister a brucellosis eradication program Fees may be collected for the cost of stand- the Act, $10,947,000; payments for the farm for the current fiscal year that does not re- ardization activities, as established by regu- safety program under section 3(d) of the Act, quire minimum matching by the States of at lation pursuant to law (31 U.S.C. 9701). H 7310 CONGRESSIONAL RECORD — HOUSE July 20, 1995

LIMITATION ON ADMINISTRATIVE EXPENSES Inspection Act, as amended, and the Egg facturers of dairy products who have been di- Not to exceed $58,461,000 (from fees col- Products Inspection Act, as amended, rected to remove their milk or dairy prod- lected) shall be obligated during the current $540,365,000, and in addition, $1,000,000 may be ucts from commercial markets because it fiscal year for administrative expenses: Pro- credited to this account from fees collected contained residues of chemicals registered vided, That if crop size is understated and/or for the cost of laboratory accreditation as and approved for use by the Federal Govern- other uncontrollable events occur, the agen- authorized by section 1017 of Public Law 102– ment, and in making indemnity payments cy may exceed this limitation by up to 10 237: Provided, That this appropriation shall for milk, or cows producing such milk, at a percent with notification to the Appropria- not be available for shell egg surveillance fair market value to any dairy farmer who is tions Committees. under section 5(d) of the Egg Products In- directed to remove his milk from commer- spection Act (21 U.S.C. 1034(d)): Provided fur- cial markets because of (1) the presence of FUNDS FOR STRENGTHENING MARKETS, INCOME, ther, That this appropriation shall be avail- products of nuclear radiation or fallout if AND SUPPLY (SECTION 32) able for field employment pursuant to sec- such contamination is not due to the fault of (INCLUDING TRANSFERS OF FUNDS) tion 706(a) of the Organic Act of 1944 (7 U.S.C. the farmer, or (2) residues of chemicals or Funds available under section 32 of the Act 2225), and not to exceed $75,000 shall be avail- toxic substances not included under the first of August 24, 1935 (7 U.S.C. 612c) shall be used able for employment under 5 U.S.C. 3109: Pro- sentence of the Act of August 13, 1968, as only for commodity program expenses as au- vided further, That this appropriation shall amended (7 U.S.C. 450j), if such chemicals or thorized therein, and other related operating be available pursuant to law (7 U.S.C. 2250) toxic substances were not used in a manner expenses, except for: (1) transfers to the De- for the alteration and repair of buildings and contrary to applicable regulations or label- partment of Commerce as authorized by the improvements, but the cost of altering any ing instructions provided at the time of use Fish and Wildlife Act of August 8, 1956; (2) one building during the fiscal year shall not and the contamination is not due to the transfers otherwise provided in this Act; and exceed 10 percent of the current replacement fault of the farmer, $100,000, to remain avail- (3) not more than $10,451,000 for formulation value of the building: Provided further, That able until expended (7 U.S.C. 2209b): Provided, and administration of marketing agreements none of the funds appropriated or otherwise That none of the funds contained in this Act and orders pursuant to the Agricultural Mar- made available by this Act may be used by shall be used to make indemnity payments keting Agreement Act of 1937, as amended, the Secretary of Agriculture to promulgate, to any farmer whose milk was removed from and the Agricultural Act of 1961. implement, or administer any rules of the commercial markets as a result of his willful In fiscal year 1996, no more than $23,900,000 Food Safety and Inspection Service, as set failure to follow procedures prescribed by in section 32 funds shall be used to promote forth in parts 301–391 of title 9, Code of Fed- the Federal Government: Provided further, sunflower and cottonseed oil exports as au- eral Regulations, pursuant to the agency’s That this amount shall be transferred to the thorized by section 1541 of Public Law 101–624 proposed rule: Pathogen Reduction; Hazard Commodity Credit Corporation: Provided fur- (7 U.S.C. 1464 note), and such funds shall be Analysis and Critical Control Point (HACCP) ther, That the Secretary is authorized to uti- used to facilitate additional sales of such Systems: Docket No. 93–016P; published on lize the services, facilities, and authorities of oils in world markets. February 3, 1995, and any successor dockets the Commodity Credit Corporation for the PAYMENTS TO STATES AND POSSESSIONS published thereafter, except that the Sec- purpose of making dairy indemnity disburse- For payments to departments of agri- retary may take such action after a commitments. culture, bureaus and departments of mar- tee has been established, in accordance with AGRICULTURAL CREDIT INSURANCE FUND kets, and similar agencies for marketing ac- the negotiated rulemaking procedures pro- PROGRAM ACCOUNT vided in 5 U.S.C. 561 et seq., and that com- tivities under section 204(b) of the Agricul- (INCLUDING TRANSFERS OF FUNDS) tural Marketing Act of 1956 (7 U.S.C. 1623(b)), mittee has transmitted, within nine months $1,000,000. of establishment of such committee, a report For gross obligations for the principal based on a review of (1) HACCP principles; (2) amount of direct and guaranteed loans as au- GRAIN INSPECTION, PACKERS AND STOCKYARDS thorized by 7 U.S.C. 1928–1929, to be available ADMINISTRATION current rules and other administrative requirements; and, (3) proposed rules and peti- from funds in the Agricultural Credit Insur- SALARIES AND EXPENSES tions pending before the agency. ance Fund, as follows: farm ownership loans, For necessary expenses to carry out the $585,000,000, of which $550,000,000 shall be for OFFICE OF THE UNDER SECRETARY FOR FARM provisions of the United States Grain Stand- guaranteed loans; operating loans, AND FOREIGN AGRICULTURAL SERVICES ards Act, as amended, for the administration $2,300,000,000, of which $1,700,000,000 shall be of the Packers and Stockyards Act, for cer- For necessary salaries and expenses of the for unsubsidized guaranteed loans and tifying procedures used to protect purchasers Office of the Under Secretary for Farm and $200,000,000 shall be for subsidized guaranteed of farm products, and the standardization ac- Foreign Agricultural Services to administer loans; Indian tribe land acquisition loans as tivities related to grain under the Agricul- the laws enacted by Congress for the Consoli- authorized by 25 U.S.C. 488, $750,000; for tural Marketing Act of 1946, as amended, in- dated Farm Service Agency, Foreign Agri- emergency insured loans, $100,000,000 to meet cluding field employment pursuant to sec- cultural Service, and the Commodity Credit the needs resulting from natural disasters; tion 706(a) of the Organic Act of 1944 (7 U.S.C. Corporation, $549,000. and for credit sales of acquired property, 2225), and not to exceed $25,000 for employ- CONSOLIDATED FARM SERVICE AGENCY $22,500,000. ment under 5 U.S.C. 3109, $23,058,000: Pro- SALARIES AND EXPENSES For the cost of direct and guaranteed vided, That this appropriation shall be avail- For necessary expenses for carrying out loans, including the cost of modifying loans able pursuant to law (7 U.S.C. 2250) for the the administration and implementation of as defined in section 502 of the Congressional alteration and repair of buildings and im- programs delegated to the Consolidated Budget Act of 1974, as follows: farm owner- provements, but the cost of altering any one Farm Service Agency by the Secretary under ship loans, $28,206,000, of which $20,019,000 building during the fiscal year shall not ex- the Federal Crop Insurance Reform and De- shall be for guaranteed loans; operating ceed 10 percent of the current replacement partment of Agriculture Reorganization Act loans, $91,000,000, of which $18,360,000 shall be value of the building. of 1994, $788,388,000: Provided, That the Sec- for unsubsidized guaranteed loans and INSPECTION AND WEIGHING SERVICES retary is authorized to use the services, fa- $17,960,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as LIMITATION ON INSPECTION AND WEIGHING cilities, and authorities (but not the funds) authorized by 25 U.S.C. 488, $206,000; for SERVICES EXPENSES of the Commodity Credit Corporation to emergency insured loans, $32,080,000 to meet Not to exceed $42,784,000 (from fees col- make program payments for all programs administered by the Agency: Provided further, the needs resulting from natural disasters; lected) shall be obligated during the current and for credit sales of acquired property, fiscal year for inspection and weighing serv- That other funds made available to the Agency for authorized activities may be ad- $4,113,000. ices: Provided, That if grain export activities In addition, for administrative expenses require additional supervision and oversight, vanced to and merged with this account: Pro- vided further, That these funds shall be avail- necessary to carry out the direct and guar- or other uncontrollable factors occur, this anteed loan programs, $221,541,000, which limitation may be exceeded by up to 10 per- able for employment pursuant to the second sentence of section 706(a) of the Organic Act shall be transferred to and merged with the cent with notification to the Appropriations following accounts in the following amounts: Committees. of 1944 (7 U.S.C. 2225), and not to exceed $500,000 shall be available for employment $208,446,000 to ‘‘Salaries and Expenses’’; OFFICE OF THE UNDER SECRETARY FOR FOOD under 5 U.S.C. 3109. $318,000 to ‘‘Rural Utilities Service, Salaries SAFETY and Expenses’’; and $171,000 to ‘‘Rural Hous- For necessary salaries and expenses of the STATE MEDIATION GRANTS ing and Community Development Service, Office of the Under Secretary for Food Safe- For grants pursuant to section 502(b) of the Salaries and Expenses’’. ty to administer the laws enacted by the Agricultural Credit Act of 1987, as amended CORPORATIONS (7 U.S.C. 5101–5106), $2,000,000. Congress for the Food Safety and Inspection The following corporations and agencies Service, $450,000. DAIRY INDEMNITY PROGRAM are hereby authorized to make expenditures, FOOD SAFETY AND INSPECTION SERVICE (INCLUDING TRANSFERS OF FUNDS) within the limits of funds and borrowing au- For necessary expenses to carry on serv- For necessary expenses involved in making thority available to each such corporation or ices authorized by the Federal Meat Inspec- indemnity payments to dairy farmers for agency and in accord with law, and to make tion Act, as amended, the Poultry Products milk or cows producing such milk and manu- contracts and commitments without regard July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7311 to fiscal year limitations as provided by sec- Obviously others disagreed with this unnecessarily delay the issuance of a final tion 104 of the Government Corporation Con- approach. Mr. DURBIN of our sub- rule and should reassure all parties that the trol Act, as amended, as may be necessary in committee and Secretary of Agri- regulatory process has included a com- carrying out the programs set forth in the culture Glickman took issue. They said prehensive debate of all significant issues budget for the current fiscal year for such and related concerns. corporation or agency, except as hereinafter it was a delay, but they admitted there While the adoption of a HACCP-based in- provided. were problems with the process. spection system is needed, it is also impor- FEDERAL CROP INSURANCE CORPORATION FUND We worked together, sometimes at tant to address the integration of the new For payments as authorized by section 516 odds, but always in the direction of HACCP system into the current meat and of the Federal Crop Insurance Act, as amend- finding the common ground. On Tues- poultry inspection system. I fully under- ed, such sums as may be necessary, to re- day the Secretary sent a letter that I stand the importance of preventing bureau- main available until expended (7 U.S.C. reviewed with Mr. ROBERTS, chairman cratic layering and ensuring the best utiliza- 2209b). of the Committee on Agriculture; Mr. tion of public and private funds. To ensure this second step of regulatory modernization COMMODITY CREDIT CORPORATION FUND SKEEN, chairman of the Subcommittee and integration is achieved, FSIS will soon REIMBURSEMENT FOR NET REALIZED LOSSES on Agriculture Appropriations; and Mr. publish a comprehensive set of rulemaking For fiscal year 1996, such sums as may be GUNDERSON, chairman of the Agri- notices to review current FSIS regulations, necessary to reimburse the Commodity Cred- culture Subcommittee on Livestock, directives, policy notices, and policy memo- it Corporation for net realized losses sus- Dairy, and Poultry. All felt that the randa. To be consistent with the HACCP- tained, but not previously reimbursed (esti- Secretary’s personal commitment to based inspection system, USDA will then re- mated to be $10,400,000,000 in the President’s view, revise, or repeal its existing regula- fiscal year 1996 Budget Request (H. Doc. 104– involve himself was not only important but critical to providing good faith in a tions, as needed. I have directed FSIS to ac- 4)), but not to exceed $10,400,000,000, pursuant celerate its work in this area. I am firmly to section 2 of the Act of August 17, 1961, as new, more inclusive process. committed to seeing that all existing food amended (15 U.S.C. 713a–11). The Secretary pledged a number of safety and inspection regulations are im- OPERATIONS AND MAINTENANCE FOR things. proved so redundancy is eliminated. Our pro- HAZARDOUS WASTE MANAGEMENT Mr. Chairman, I include the letter posed regulatory actions to achieve those ob- For fiscal year 1996, the Commodity Credit from Secretary Glickman for the jectives, which will include addressing inte- Corporation shall not expend more than RECORD. gration of the HACCP system and the cur- $5,000,000 for expenses to comply with the re- rent system, will be published in the Federal DEPARTMENT OF AGRICULTURE, quirement of section 107(g) of the Com- Register before the HACCP final rule is pub- prehensive Environmental Response, Com- OFFICE OF THE SECRETARY, Washington, DC, July 18, 1995. lished and any additional regulatory actions pensation, and Liability Act, as amended, 42 necessary to achieve these objectives will be Hon. JAMES WALSH, U.S.C. 9607(g), and section 6001 of the Re- completed before HACCP is required to be source Conservation and Recovery Act, as House of Representatives, Longworth House Of- fice Building, Washington, DC. implemented. amended, 42 U.S.C. 6961: Provided, That ex- I am making these commitments recogniz- DEAR JIM: I appreciated the frank expenses shall be for operations and mainte- ing that a successful food safety system de- change of ideas during our recent meeting on nance costs only and that other hazardous pends upon an active partnership among gov- the meat and poultry inspection regulatory waste management costs shall be paid for by ernment, producers, industry, processors and process. That and other discussions I have the USDA Hazardous Waste Management ap- the consuming public. I hope that with these had with Members of Congress convince me propriation in this Act. steps we can avoid a divisive legislative de- that we are all seeking the same goal of bate and proceed together toward our com- The CHAIRMAN. Are there any modernizing and improving the current meat mon goal of improving our inspection sys- amendments to title I? and poultry inspection system to provide the tem. AMENDMENT OFFERED BY MR. WALSH safest possible food to the American Sincerely, Mr. WALSH. Mr. Chairman, I offer an consumer. I am personally committed to en- DAN GLICKMAN, suring a thoughtful, thorough, and objective amendment. Secretary. The Clerk read as follows: analysis by the Department of Agriculture Mr. Chairman, most important is the Amendment offered by Mr. WALSH: Page 24, (USDA) of all comments. on line 13 after the word ‘‘building’’ strike Unfortunately, I cannot agree that your Secretary’s effort to put good faith all down through and including ‘‘agency’’ on amendment which requires the Department back into this. He is a new Secretary page 25, line 5. to establish a committee and await its re- and we need to give him this oppor- port before moving forward is the best means Mr. WALSH. Mr. Chairman, in the tunity. of attaining our common objective. The un- The agreement that Secretary Glick- movie ‘‘Cool Hand Luke,’’ one of my fa- necessary delay involved in suspending the vorites, perhaps the most memorable current regulatory process is not consistent man, Mr. ROBERTS, Mr. SKEEN, Mr. line was that of the boss of a prison with the need to move to a Hazard Analysis DURBIN, and I worked out is Govern- labor camp to a recalcitrant Luke: and Critical Control Point (HACCP) based in- ment at its best. It demonstrates that ‘‘What we have here is a failure to com- spection system as quickly as possible. the executive and legislative branches municate.’’ I sincerely share the desire to ensure that can work together in good faith to do Well, that is what we have had here the regulatory process carefully weighs all the people’s business. That is the rea- with these new regulations for meat in- relevant viewpoints in an undertaking of son we were sent by our constituents to this magnitude. I therefore intend to create, Congress, and I firmly believe that this spection. There was bad faith between as part of the rulemaking process, focused and among the stakeholders—FSIS, the and extensive public meetings for direct dis- entire legislative process has bene- inspectors, consumer activists, the in- cussion of the key concerns that were raised fitted the public, the industry, and will dustry, the State departments of agri- during the comment period. These public result in a safer food supply for Amer- culture and the USDA. meetings will begin within the next few ican families. We set about to solve this problem. weeks and will provide all interested parties Mr. Chairman, for that reason, I have My amendment would have established the opportunity for direct discussion of the made my motion to strike the bill lan- a negotiated rulemaking, a statutory major issues as well as other issues identi- guage. process, formalized and detailed. It fied during the comment period and possible Mr. DURBIN. Mr. Chairman, I move options for resolving these issues. Partici- to strike the last word. would have established this needed dia- pants will include representatives of all log—a process for communication. stakeholders, including industry, producers, Mr. Chairman, let me say at the out- I did this because some of the prin- the scientific community, consumers, the set that this has been an important de- cipals had no faith in the current dia- Food Safety and Inspection Service (FSIS) bate, I think one of the more impor- log. I did it out of a concern that small and my office. These public meetings will be tant debates over the period of time businesses might be put out of business held to ensure that all outstanding questions that I have served on this subcommit- for no good reason. And I did it, in are explored thoroughly and a full and frank tee, because it has focused on an issue spite of what critics said, out of a con- discussion and exchange of ideas occurs. which is literally a life and death issue cern that there would be a delay in im- These meetings will be part of the record for American families. upon which the final rule is based. Further- I want to commend my colleague plementing the new higher standards more, I intend to host personally a food safe- because of lengthy litigation. ty forum this summer to identify both legis- from New York. Over the past several I truly believed that given the alter- lative and regulatory mandates that need to weeks, we have had some real dif- natives we had, this was the best way be changed to improve and reform the sys- ferences of opinion, but I want to sa- to proceed. tem. The public meetings and forum will not lute the gentleman, because he has H 7312 CONGRESSIONAL RECORD — HOUSE July 20, 1995 made an effort in a bipartisan manner that everyone will end up happy when What the gentleman from New York to find a reasonable solution to a very it is all over. What we can do is get ev- wanted, properly, and I wanted to com- difficult problem. Let me try to de- eryone their day in court, everyone an mend the chairman, too, the gentleman scribe it to you in my terms and to opportunity to express themselves. from New Mexico [Mr. SKEEN], for fa- give you an idea of why it is so impor- Over the past 2 weeks I have received cilitating this, was that all the parties tant. phone calls from Tarpov Packing Co. in should be heard. He talked about a ne- It was my good fortune at an early Granite City, and Hansen Packing Co. gotiated rulemaking, which I happen to point in my life to work in a slaughter- in Jerseyville, IL, small operations, believe this was too complicated an house. I spend 12 months as a college saying, ‘‘DICK DURBIN, you are our issue for that, but we got the same student working my way through col- friend, we know you want to help us, achievement by giving all the parties lege in a slaughterhouse. I learned a but do not do something that will put the ability to participate. lot. I still eat meat, but I learned a lot us out of business.’’ I understand that. b 1500 about the inspection process, its We do not want to put them out of strengths and its weaknesses. business. We want to make changes The most important thing is we are There are many weaknesses in the that are sensible and reasonable, that protecting the American consumers. current meat and poultry inspection protect American consumers. Seven thousand people a year die from system. But let me say at the outset, As I said before, the reason why this salmonella or E. coli and hundreds the United States is blessed like no is a more important debate than most more, hundreds of thousands more are other country in the world with one of is it is literally a life and death issue. sick and ill. So this is a serious the safest food supplies. We should Nancy Donley of Chicago is a person consumer issue, and some of us on the never lose sight of that. As consumers, I have come to know over the past sev- Committee on Appropriations have we can be more confident of what we eral weeks. I talked to her just yester- been very concerned that there has buy in a store and eat in a restaurant day. This Tuesday was the second anni- been a pattern of, in essence, gutting than we can in most any other country versary of the death of her 6-year-old health, safety and environmental legis- in the world. son Alex. Alex ate a hamburger, it was lation in the name of helping the pri- But I came to understand as a young contaminated with E. coli, and it killed vate sector. That is not right. The man working in that slaughterhouse him. She has written letters, which I American people do not want unsafe that the system we have today does not will not read to you here but which meat. They do not want unsafe drink- reach the level of scientific sophistica- have been part of the record in our ing water. So I commend the gentleman from tion which American consumers want. committee, which I think would touch New York for working this problem out Literally, Federal meat and poultry in- the heart of everyone. and getting a satisfactory result that spectors stand and watch as carcasses So as we focus on this issue, it goes is in the interest of the country and in go by on the line. If they do not see or beyond numbers, it goes beyond bu- the interest of consumers and certainly smell something unusual, they end up reaucracy, it goes beyond agency, it in the interest of the people of Wash- giving it a blue stamp, and off it goes goes to the very human tragedies ington State, because we went through to the store and eventually to our re- which can occur if we do not do our job a terrible crisis just a year or so ago. frigerators and tables. right. So I commend the gentleman and I We now know that it not enough. The I salute the gentleman from New support his motion to strike. tragedy in the State of Washington 2 York, he is doing the right thing today. Mr. CUNNINGHAM. Mr. Chairman, I years ago, which my colleague, the I think he has made real progress on move to strike the requisite number of gentleman from Washington [Mr. this issue. I look forward to a satisfac- words. DICKS], will describe in a moment, riv- tory conclusion. Mr. Chairman, I would like to associ- eted our attention on the fact that Mr. DICKS. Mr. Chairman, I move to ate myself with the words of my some of the most vulnerable people in strike the last word. friends, the gentleman from Washing- America are subject to dangerous ill- Mr. Chairman, I want to be very brief ton [Mr. DICKS] and the gentleman ness and in many cases death from con- here. I want to commend the chairman from Illinois [Mr. DURBIN], as well. taminated meat and poultry. of the Committee on Agriculture, Mr. Most of us had never heard of E. coli So we decided to do something about ROBERTS, and I certainly want him to before a few years ago. A child in my it, to move beyond the inspection sys- have an opportunity to speak, and I district also was affected and died. If tem which we have used for over 85 know he will, for his leadership in this Members can imagine the parents, very years, to something more scientific and effort. Also, I want to complement my loving parents telling them that they up-to-date. What an undertaking it is. colleague on the Committee on Appro- were relieved when their child died be- Imagine all of the different groups in- priations, the gentleman from New cause of the extreme pain and agony terested in this issue, not just the obvi- York [Mr. WALSH]. Coming from the that that child was going through, it ous groups, the meat and poultry proc- State of Washington, I see some of my kind of reemphasizes the issue to them. essors and producers, but also those colleagues from Washington State on I think, second, and the gentleman who are interested in health issues and the floor. We had a very serious E. coli from Washington [Mr. DICKS] has consumer issues, the business side of breakout in our State 3 years ago. talked about this, E. coli is still out the equation, all of these people, some Three young children died, hundreds there. What happens in our meat proc- 200 different groups, coming together were sick, and so I was definitely very essing, if you still have fecal material and trying now to reach an agreement, concerned in the appropriations com- left on the meat and that meat moves if they can, on a new system of meat mittee when there was an effort to on, it can turn into the E. coli. And and poultry inspection. delay the implementation of the new they say, well, all you have to do is The gentleman from New York I regulations, which our ranking mem- cook your hamburger well. I personally think accurately represented the anxi- ber, the gentleman from Illinois [Mr. do not want it on there in the first ety of some of these groups that they DURBIN], so carefully described, someplace. I think it is something that in are not being taken seriously at the one who has had great experience in our food processing that we can. I table, that they do not have a voice in this area. would like to, again, thank the leader- the process, and that their concerns But I think this is a model of how we ship of the gentleman from Illinois are not being weighed as they should should work these problems out, and I [Mr. DURBIN], because I do not think be. The gentleman has prevailed on the commend the gentleman from New without his leadership this whole issue Secretary of Agriculture to step in per- York for engaging Secretary Glickman would have come to resolution. sonally, as we will and as he has prom- and the chairman of the authorizing I would also like to thank the gen- ised, and his word is good, that he will committee and the Democratic Mem- tleman from New York [Mr. WALSH], make sure as best he can it will be an bers, and they were able to work out a because I think at times when we look orderly process with a good conclusion. reasonable compromise on this issue. at dialog, it is good, but when we take I might add, as Secretary Glickman We will not delay the new regulations action where children’s lives are at has personally, we cannot guarantee from going into place. risk, I think it is very, very important. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7313 We have a group in San Diego called about poultry. And we are talking tunity now through the House Commit- Stop, and they have been very active. about seafood. So your House Commit- tee on Agriculture and other interested And I am sure that in Washington tee on Agriculture will address this. It parties working with the gentleman State they have got an equal group will be commensurate with the rule- from Wisconsin [Mr. GUNDERSON], the that are parents that have gone making process of the Secretary of Ag- chairman, and the gentleman from through this disaster with their chil- riculture. Kansas [Mr. ROBERTS], I see the oppor- dren. I would like to commend all par- Mr. GOODLING. Mr. Chairman, will tunity for us to finally come to an ties. I think this is something in bipar- the gentleman yield? agreement by bringing all of the par- tisanship that I think is a proud day. I Mr. ROBERTS. I yield to the gen- ties together, having the free and open thank God we had not a failure to com- tleman from Pennsylvania. debate in this House Chamber of how municate on this issue. Mr. GOODLING. Mr. Chairman, I best to deal with meat and poultry in- Mr. ROBERTS. Mr. Chairman, I move want to make sure that I understand spection. to strike the requisite number of exactly what we are doing. The great- I look forward to that day, because I words. est problem I probably have in the 19th believe it is far overdue. Many of the Mr. Chairman, I would like to also Congressional District is the harass- tragedies that have occurred should take this opportunity to congratulate ment of our small country butchers. not have occurred and would not have my friend and colleague, the gen- We have never had an illness in the occurred, as Mr. ROBERTS has said, tleman from New York, [Mr. WALSH], 19th Congressional District because of from some of the simplistic ideas but and also especially my good friend and tainted meat or poultry from any of also from the standpoint that we could former colleague Secretary Glickman, our local country butchers. The are in fact make the necessary changes if for their hard work and statesmanship, harassed morning, noon, and night, and we would all come to the table. That is I think, in resolving this very complex I am afraid they will soon all be out of not what was happening, as the pro- problem. This agreement in part grew business and then we will only have to posed rulemaking was occurring. Mr. out of a meeting between Secretary rely, unfortunately, on big meat pro- WALSH pointed that out and correctly Glickman, the former chairman and ducers and packers and so on. so. current distinguished ranking minority I think I caught the gentleman say- But now we have an agreement in member of the House Committee on ing that the small business person will which everyone will come together, Agriculture, the gentleman from get some protection in all of this. work on a resolution. I hope it is a Texas, [Mr. DE LA GARZA], the current Mr. ROBERTS. Mr. Chairman, the light at the end of the tunnel and not chairman of the appropriate sub- Secretary of Agriculture has indicated another train coming toward us. But I committee that will be bringing a meat that they will give every consideration do believe today that it is truly a light inspection, a food safety inspection bill to the small business community, at the end of the tunnel. I look forward to the floor, the gentleman from Wis- whether it be small meat locker plants to being a part of eventually resolving consin, [Mr. GUNDERSON], the gen- or a small meat packing house. this very important issue. tleman from Missouri [Mr. VOLKMER], I would like to point out that 98 per- Mr. THORNTON. Mr. Chairman, I and probably the godfather of all meat cent of all food-borne illnesses come move to strike the requisite number of inspection legislation in regards to from handling and preparation. If ev- words. sound science, the gentleman from erybody would simply do what their Mr. Chairman, I want to associate Texas, [Mr. STENHOLM], and myself. grandmother and their home econom- myself with the remarks made by the I would like to thank each of these ics instructor and their 4–H instructor gentleman from Texas and to add my individuals for really coming together and common sense and the Department congratulations to all those who have in a bipartisan spirit to underscore the of Agriculture recommends, wash their given us truly a remarkable event in importance of restoring really some hands and thoroughly cook their meat, this session of the Congress, an event credibility to the rulemaking process. we would not have this problem. in which we have reached across the By doing so, I think it is obvious we And so I can assure the gentleman aisle to adopt a bipartisan accord, one have averted what had been a very di- that Secretary Glickman has in effect that is reasonable and proper and in visive debate on meat inspection pol- assured me and the rest of the Mem- the public interest. It has come about icy. I think that really food safety bers of the House Committee on Agri- because of the leadership of our chair- goals are better served by careful, rea- culture that the concerns of the small man, the gentleman from New Mexico soned discussion than by real emo- business community will be addressed. [Mr. SKEEN], and his steady hand at tional rhetoric. It is understandable I thank the gentleman for raising this providing an opportunity for each of us but I think this process certainly is issue. to participate; for the gentleman from preferable. Mr. STENHOLM. Mr. Chairman, I New York [Mr. WALSH] and his dili- Secretary Glickman has assured Mr. move to strike the requisite number of gence and persistence and working WALSH that he will personally take words. with our own ranking minority mem- control of the rulemaking process for Mr. Chairman, I, too, want to com- ber, the gentleman from Illinois [Mr. the Mega Reg. Secretary Glickman has mend all of the parties that have DURBIN]. It has truly been an excellent also pledged that he will ensure all worked out a very satisfactory short- example of the kind of cooperation in stakeholders, as has been indicated, term compromise that gives this Mem- the public interest which we need to consumers, small and large processors, ber the hope for the first time in 8 have more of in this House. scientists, inspector unions and pro- years that we might actually be seeing I want to commend all of those who ducers, all now will have an oppor- a light at the end of the tunnel of deal- are party to this and urge that we tunity to really participate in developing with our meat and poultry inspec- make a record of our support for this ing a balanced and workable inspection tion system. amendment. regulation. As one who has authored legislation Ms. DUNN of Washington. Mr. Chair- Our problem is not that we have too and passed legislation in 1986, only to man, I move to strike the requisite little inspection and also regulation. have the frustration of seeing it torn number of words. Our problem is that we have the wrong apart by the 200-plus groups that the Mr. Chairman, I rise to commend the kind. We do not need some more addi- gentleman from Illinois [Mr. DURBIN] gentleman from New York, Mr. WALSH, tional regulatory burdens. We need a spoke about a moment ago, each hav- and also the gentleman from Kansas, sound-science, risk-based system. ing their own idea about how best to Chairman ROBERTS, and the gentleman So, again, I want to really credit the improve upon the best food safety sys- from Illinois, Mr. DURBIN, the gen- Secretary and I also want to thank the tem the world has ever known, I see tleman from Wisconsin, Mr. GUNDER- gentleman from Wisconsin, [Mr. GUN- now the chance, thanks to the leader- SON, the gentleman from New Mexico, DERSON] who will be bringing to the ship of Secretary Glickman, the gen- Chairman SKEEN, and all the people committee and to the floor a total tleman from New York [Mr. WALSH], who helped to forge this agreement comprehensive food safety plan. We are and the efforts that he has made and with the Secretary of Agriculture, our talking about meat. We are talking all of the other parties, I see the oppor- former colleague, Dan Glickman, on H 7314 CONGRESSIONAL RECORD — HOUSE July 20, 1995 new meat safety inspection rules that real delays in meat and poultry inspection rein our commendations of those who will benefit all Americans. forms. have worked out this agreement. You This agreement is especially signifi- It is also important to note that moderniza- would think they were leaving Con- cant to those of us from Washington tion of the inspection system through a spirit gress, with all the nice things we are State, as my colleague the gentleman of cooperation of all stakeholders is para- saying about them, but we mean it. I from Washington [Mr. DICKS] has said, mount to realize real improvements in the think what has been done here is im- because in January of 1993, my first safety of the meat supply. The most important portant. I want to point out three spe- year as a Member of Congress, three guidelight for all interested in changes to our cific factors and then we will move the little children died and 67 were hos- food safety system must be the best science process along. pitalized in Washington State because that can be afforded. The entire process First and foremost, this process, this of an E. coli outbreak that was traced should be driven by sound science not politics. agreement that has been reached is im- to a local fast food outlet in my dis- I cannot emphasize enough that this rule is portant because it has slowed the proc- trict. but a step in a continuous series of steps ess down, and it has guaranteed that Now, a little over 2 years later, with where the goal is reducing food-borne illness. people are going to have input. As the the combined efforts of the gentleman Note that I said reducing food-borne illness, gentleman from Illinois before me just from New York [Mr. WALSH], the com- not eliminating it. Elimination of food-borne ill- articulated, there are real problems mittees and the other gentlemen, and ness is not a reality. It is scientifically and eco- with these proposed regulations, as the Secretary of Agriculture, we can fi- nomically impossible to achieve zero food- they affect the small slaughterhouses nally put into place a meat safety re- borne risks at this time and it becomes a dis- across this country, and we have got to gime to ensure the production of clean, service to the public to imply that the Govern- make sure that their concerns are safe, quality meat that restores ment can supply or regulate a food delivery heard and considered in the develop- consumer confidence. system into one without risks, but one we can ment of the rules. I want to add a special note of thanks rely on and that the people can trust and give b 1515 to our colleague from Washington us the maximum protection possible. State, Mr. NETHERCUTT, who is also a I want to thank Secretary Glickman for his Second, along that same line, the member of the subcommittee, for his involvement in the matter and his interest in very significant part of this agreement help on this critical issue. restoring confidence in the process. I com- is that the Secretary has become in- Mr. Chairman, in memory of 2-year- mend Mr. WALSH of New York for his leader- volved, and he has taken a personal old Michael Nole, 2-year-old Celina ship in finding a path of compromise in which sense of responsibility in ownership of Shribbs, and 17-month-old Riley all sides win. what has been done. Those of us who Detwiler, the little children who died Mr. LAHOOD. Mr. Chairman, I move have worked with and known Dan from E. coli, my thanks for the diligent to strike the requisite number of Glickman when he was a Member of efforts of all the Members of Congress words. this House know that when he makes who are involved in bringing to fru- Mr. Chairman, I want to compliment this kind of commitment he is going to ition safer food for all Americans. the gentleman from New York, Con- keep it, and I think that is very impor- Mr. DE LA GARZA. Mr. Chairman, I gressman JIM WALSH, as being a man tant for all of us to understand. move to strike the requisite number of for all seasons. He not only leads the The third thing I want to point out, words. bailout of Washington, DC, now he and part of the reason many of us have [Mr. DE LA GARZA asked and was leads the bailout for those of us in the raised concerns about the so-called given permission to revise and extend ag community. HACCP regulation, you cannot do his remarks.) I also want to speak on behalf of the HACCP under existing Federal statute, Mr. DE LA GARZA. Mr. Chairman, I Terry Joneses of the world. Terry because they are diametrically opposed rise is support of the proposed agree- Jones and his wife own a meat locker to each other in science, so if you want ment between all of the parties con- in Jacksonville, IL. I had the occasion a science-based HACCP regulation, as I cerned and the gentleman from New to visit Terry and his wife recently think every Member of Congress and York [Mr. WALSH], and endorse it. about this issue of Government regula- every member of the industry and Mr. Chairman, in light of recent com- tion or Government overregulation. every member of the consumer groups promises I rise to support the removal of re- What they told me was that, if these do, then Members have to recognize quirements within the Agriculture Appropriation regulations had been put into effect, there have to be some kind of statu- bill which limit funding for work on the Feb- they would be out of business, as I tory changes. ruary 3, 1995, Pathogen Reduction/HACCP think would many small business peo- As the gentleman from Kansas [Mr. proposed regulation. Agriculture Secretary ple who are in the meat locker busi- ROBERTS] says, we will in my sub- Glickman has offered a reasonable resolution, ness, who care a great deal about their committee, at the conclusion of the as laid out in his July 18, 1995, letter to Mr. customers and in no way would want to farm bill, continue a process that was WALSH, the author of the limitation language, see harm come to them. initiated this spring, and we will bring that allows for the rule development to pro- I do not intend to take the 5 minutes, forth comprehensive meat, poultry, ceed on schedule but grants additional input but I want to express on behalf of all and seafood legislation, and we will for stakeholders on a major regulatory change. the small meat locker business men give this committee, we will give this The controversy surrounding the develop- and women, not only across Illinois but Congress, a chance to modernize our ment of a rule for our meat and poultry inspec- across the country, that a good com- legislation in that regard. tion system pertaining to microbiological promise has been worked out, and their Mrs. COLLINS of Illinois. Mr. Chair- pathogens and Hazard Analysis Critical Con- considerations will be considered. I man, I move to strike the requisite trol Point methodology was over the process compliment the gentleman from New number of words. of how the rule is developed. Unfortunately, York [Mr. WALSH], the gentleman from Mr. Chairman, let me add my thanks some in the media has started to turn this Illinois [Mr. DURBIN], and certainly the and sincere appreciation for all of the controversy into a discussion over whether Secretary of Agriculture. Common hard work for all of the members of the children would or would not die because of sense is being used and will be used, Committee on Appropriations and this particular proposed regulation. It is always and I think all consideration will be Committee on Agriculture to get these a human tragedy when anyone dies due to given now so that small business peo- food, meat, and poultry regulations food-borne disease and especially children ple’s concerns will be taken into ac- well on their way. who have their entire lives ahead of them. But count. Members may recall that about 2 I feel it is important to understand that the Mr. GUNDERSON. Mr. Chairman, I years ago we raised the issue in what Secretary's letter makes commitments assur- move to strike the requisite number of was then called the Committee on En- ing that there is a continued development of a words. ergy and Commerce, on the Sub- good rule that improves our meat and poultry Mr. Chairman, I simply want to fol- committee on Commerce, Consumer inspection system. A rule that all can support. low that of my colleagues to point out Protection, and Competitiveness. It is A rule that will minimize potential lawsuits con- a couple of things. First and foremost, really very rewarding to see how, when cerning the final regulation which could cause of course, is joining all my colleagues the issue has been raised, even in the July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7315 last Congress, early in the last Con- Page 8, line 3, strike ‘‘$8,198,000’’ and insert is slightly above the 1995 level. This gress, about something as important as ‘‘$7,378,200’’. number rises to $320 million if the new meat and poultry safety, food safety, Page 9, line 3, strike ‘‘$27,860,000’’ and in- info share program is included. In sert ‘‘$26,467,000’’. to be able to be here and stand on this Page 9, line 12, strike ‘‘$520,000’’ and insert times of baseline budgeting, we would floor and say that we have seen that ‘‘$468,000’’. have considered this to be a cut, but we dream come to real fruition. Page 9, line 17, strike ‘‘$53,131,000’’ and in- have changed the way that Congress Again, I want to sincerely thank all sert ‘‘$50,474,450’’. does business. Now a cut is only a cut of those who worked so hard on this Page 10, line 3, strike ‘‘$81,107,000’’ and in- if spending is actually reduced below issue, because I, as well as other peo- sert ‘‘$77,051,650’’. the prior year’s level. ple, who were seriously concerned Mr. SKEEN. Mr. Chairman, I ask Mr. Chairman, our amendment is about what happened in the E. coli, the unanimous consent that all debate on supported by the National Taxpayers terrible things that happened to peo- the amendment and all amendments Union and Citizens for a Sound Econ- ple, I am happy to say this has now thereto close in 20 minutes, 10 minutes omy. It cuts 10 percent from the offices happened. I cannot say enough about on each side, the time to be divided of the Secretary, the chief economist, the hard work, the unity, and the co- equally. the office of communication, the chief operation between not only members of The CHAIRMAN. Is there objection financial officer, the advisory commit- those committees, but between the ad- to the request of the gentleman from tees, the Assistant Secretary of Admin- ministration of the Department of Ag- New Mexico? istration, and the Undersecretary for riculture as well. It shows government There was no objection. Research, Education, and Economics. at its best, and I think we all did a The CHAIRMAN. The gentleman We have provided for a 5 percent cut good job, and everybody is to be con- from Colorado [Mr. ALLARD] will be for the Economic Research Service, the gratulated. recognized for 10 minutes, and the gen- National Agriculture Statistics Serv- Mr. DURBIN. Mr. Chairman, will the tleman from New Mexico [Mr. SKEEN] ice, the Assistant Secretary for Con- gentlewoman yield? will be recognized for 10 minutes. gressional Relations, and the general Mrs. COLLINS of Illinois. I yield to The Chair recognizes the gentleman counsel. Some offices, such as the In- the gentleman from Illinois. from Colorado [Mr. ALLARD]. spector General, have been exempted Mr. DURBIN. Mr. Chairman, I am Mr. ALLARD. Mr. Chairman, I yield entirely from this amendment, because going to ask for a rollcall vote on this myself such time as I may consume. they have offered what we consider to to establish the bipartisan support First, Mr. Chairman, I would like to be a sufficient justification to retain which we have discussed today on the compliment my colleague, the gen- the funding allocated to them by the floor, not only for the HACCP process, tleman from New Mexico, for putting Committee on Appropriations. but for a speedy and expeditious proc- together a good bill which makes a Mr. Chairman, this amendment is ess that brings these rules to a point firm contribution by achieving a bal- consistent with the budget resolution. where they will be protecting Amer- anced budget by 2002. I appreciate all The House-passed budget resolution as- ican families. I just wanted to make the hard work he has put into allocat- sumed that $44 million in savings could that point. I will be asking for a rolling our very scarce resources among be achieved by reduction in the funding call vote on the motion offered by the the many worthwhile projects covered for the administrative offices and pro- gentleman from New York [Mr. by this measure. grams covered by our amendment. We The Committee on Appropriations WALSH]. I think it will demonstrate the have scaled that back to $12 million in has made some important cuts in this bipartisan feeling we have on this cuts. This is very reasonable in light of bill; however, we see no reason for the issue. the over $320 million available for the House to ignore an opportunity to The CHAIRMAN. The question is on Department’s administrative expenses. make additional reductions in the bu- the amendment offered by the gen- Mr. Chairman, let me now address reaucracy, especially here in Washing- tleman from New York [Mr. WALSH]. the Department’s reorganization. The ton. I realize that it has been tough for The question was taken; and the National Performance Review states the Members of this House, and par- Chairman announced that the ayes ap- that after reorganization, personnel at ticularly the Committee on Agri- peared to have it. the USDA headquarters should be re- culture, to struggle with what prior- RECORDED VOTE duced 8 percent, resulting in an annual ities we should have in the agricultural Mr. DURBIN. Mr. Chairman, I de- savings of about $73 million. To date, area. However, Mr. Chairman, we sim- mand a recorded vote. savings in the higher administrative ply need to keep in mind that we can- The CHAIRMAN. Pursuant to the levels have not appeared to be any- not go ahead and cut those programs order of the House of Wednesday, July where near this magnitude. Similarly, that benefit farmers and not let the bu- 19, further proceedings on the amend- the Agriculture Reorganization Act reaucracy here in Washington share in ment offered by the gentleman from mandated personal reductions of $7,500. those cuts. New York [Mr. WALSH] will be post- However, this is to be accomplished by Last November, the people spoke poned. the year 1999. This is too far away. This clearly about their desire to downsize AMENDMENT OFFERED BY MR. ALLARD amendment would provide the added Federal Government. Taxpayers were nudge that is necessary to start the Mr. ALLARD. Mr. Chairman, I offer tired of sending the hard-earned money process of downsizing the bureaucracy an amendment. to Washington, DC, to pay for larger now. The CHAIRMAN. The Clerk will des- Federal bureaucracies. Farmers often ignate the amendment. ask why farm programs continue to get Mr. Chairman, I reserve the balance The text of the amendment is as fol- cut while the Department of Agri- of my time. lows: culture bureaucracy goes untouched. It PARLIAMENTARY INQUIRY Amendment offered by Mr. ALLARD: No. 30: is time to listen to the voters and start Mr. DURBIN. I have a parliamentary Page 2, line 11, strike ‘‘$10,227,000, of which shrinking this huge 110,000 person bu- inquiry, Mr. Chairman. $7,500,000’’ and insert, ‘‘$9,204,300, of which The CHAIRMAN. The gentleman will $6,750,000’’. reaucracy. It is in this spirit of Page 3, line 3, strike ‘‘$3,748,000’’ and insert downsizing that the gentleman from state it. ‘‘$3,373,200’’. Kansas [Mr. BROWNBACK] and I offer Mr. DURBIN. Mr. Chairman, I under- Page 3, line 15, strike ‘‘$5,899,000’’ and in- this amendment. stand the debate was limited to 20 min- sert ‘‘$5,309,100’’. In recent years the funding for the utes, 10 on a side. Could the Chair tell Page 3, line 21, strike ‘‘$4,133,000’’ and in- bureaucracy of the USDA has been held me how the 20 minutes is divided be- sert ‘‘$3,719,700’’. constant. Without our amendment, tween the majority and minority Page 4, line 19, strike ‘‘$596,000’’ and insert this bill would continue this trend, de- party? ‘‘$536,400’’. Page 5, line 23, strike ‘‘$800,000’’ and insert spite the reduced role for agriculture The CHAIRMAN. To the best of the ‘‘$720,000’’. programs assumed in the budget reso- Chair’s understanding, the gentleman Page 7, line 19, strike ‘‘$3,797,000’’ and in- lution. Appropriations for administra- from Colorado [Mr. ALLARD] as the pro- sert ‘‘$3,607,150’’. tion for 1996 would be $313 million. This ponent of the amendment, controls 10 H 7316 CONGRESSIONAL RECORD — HOUSE July 20, 1995 minutes, and the gentleman from Colo- partment find their phone calls go un- Mr. ALLARD. Mr. Chairman, if the rado [Mr. SKEEN] in opposition, con- answered. His phone will be ringing, as gentleman will continue to yield, I trols 10 minutes. mine will, as people are calling and have looked seriously at what I have Mr. SKEEN. Mr. Chairman, I yield 5 say, ‘‘What happened? I am mired in proposed here and spent some time minutes to the gentleman from Illinois bureaucracy and red tape. I cannot get with the Committee on Appropriations [Mr. DURBIN] and I ask unanimous con- an answer.’’ We can all keep trumping staff. We initially looked at a $28 mil- sent that he be allowed to control that one card higher than the other, but the lion cut. We are looking at some of the time. fact is the gentleman from New Mexico functions that we are carrying on here The CHAIRMAN. It is the under- [Mr. SKEEN] made a substantial cut in in Washington that were, we felt, of standing of the Chair that the gen- this agency. We did the same thing last high enough priority that we should tleman from New Mexico is opposed to year. They are on board. In fact, they not include them in the amendment, the amendment. are out in front of the whole Federal things like the National Appeals Divi- Mr. SKEEN. I am opposed to the Government in terms of reorganization sion and some programs in Department amendment, Mr. Chairman. and reinventing government. Now the administration, the inspector general, The CHAIRMAN. Is there objection gentleman just wants to do a little the buildings and facilities, and hazard- to the request of the gentleman from more. I am afraid if the gentleman does ous waste management. There are New Mexico? this, frankly, we will not only have to other programs that need to be re- There was no objection. RIF people early, which may be unfair, duced. The CHAIRMAN. Under the unani- but will in fact affect the very basic Mr. DURBIN. Reclaiming my time, mous consent agreement, the gen- functions of this department. Mr. Chairman, unfortunately, the gentleman from New Mexico [Mr. SKEEN] Mr. ALLARD. Mr. Chairman, will the tleman does not sit through the weeks will control 5 minutes, and the gen- gentleman yield? of hearings that we sit through and lis- tleman from Illinois [Mr. DURBIN] will Mr. DURBIN. I yield to the gen- ten to these agencies. Just to mention control 5 minutes. tleman from Colorado. the inspector general’s office, do you Mr. DURBIN. Mr. Chairman, I yield Mr. ALLARD. Mr. Chairman, I thank know what they spend half of their myself such time as I may consume. the gentleman for yielding. time investigating? Food stamp fraud. Mr. Chairman, I rise in opposition to I would just remind the gentleman b this amendment. I wonder if the gen- that we are only talking about less 1530 tleman from Colorado and those who than a 4-percent reduction. My phone Mr. ALLARD. Mr. Chairman, will the are proponents to this amendment in already ringing from farmers who gentleman yield? have any idea of what we have already say, ‘‘Look, what is happening to us Mr. DURBIN. The inspector general’s done in the U.S. Department of Agri- and our programs?’’ Yet the bureauc- office spends half of its time inves- culture, and what we are doing in this racy in Washington seems to slide tigating food stamp fraud. bill. along with about the same spending Mr. ALLARD. Would the gentleman The gentleman comes before us this levels. What I am talking about as the yield for a correction? afternoon with a suggestion of cutting chief economist, we are talking about Mr. DURBIN. Regular order, Mr. $12 million out of 13 different agencies, offices here in Washington, not the Chairman. I will be glad to yield to the $12 million is a lot of money. The gen- field offices out there that serve farm- gentleman at some point, but please ers. allow me to use my time. tleman from New Mexico [Mr. SKEEN], Mr. DURBIN. Reclaiming my time, The CHAIRMAN. The time of the as chairman of the subcommittee this Mr. Speaker, I would ask the gen- gentleman from Illinois [Mr. DURBIN] year, will cut $1.2 billion from discre- tleman this. In the U.S. Department of has expired. tionary spending in the Department of Agriculture, what is the largest single Mr. ALLARD. Mr. Chairman, I yield Agriculture. It is not as if we have not agency employer? Does the gentleman myself 30 seconds for a correction. bitten the bullet. We have chewed right know? Mr. Chairman, the amendment that I through it. Last year we cut $1.3 bil- Mr. ALLARD. I do not know that. had proposed does not cut the inspector lion. This year we cut $1.2 billion. Mr. DURBIN. I will tell the gen- general. These are serious cuts. As a result of tleman, it is the Forest Service. Mr. Chairman, I yield 3 minutes to these cuts, the U.S. Department of Ag- Mr. ALLARD. I would have guessed it the gentleman from Kansas [Mr. riculture has had to make dramatic is the Food Stamp Program. BROWNBACK]. changes. Mr. DURBIN. The Food Stamp Pro- Mr. BROWNBACK. Mr. Chairman, I Let me give Members an idea of some gram is administered by the States, as think some valid points have been of the things USDA has done: Totally I am sure the gentleman knows. It is raised here. Let me be succinct and reorganized the agency, reducing from the Forest Service. The USDA has brief on this. 43 to 29 the number of agencies under about 120,000 employees, and out of There are real cuts that are taking USDA; field offices being restructured; that the Forest Service has approxi- place in the agriculture programs. 1,170 county-based offices will be closed mately 33,000 employees. It has contin- There are real cuts that have been tak- or consolidated. As of June, offices ued to grow, and incidentally, is not ing place since 1986. I think I have lived have already been closed in 224 coun- under our jurisdiction in this bill, through a fair number of those. I was ties across the United States. Our goal while other agencies of USDA have Kansas Secretary of Agriculture for in employee reduction is 13,000 employ- been held stagnant and reduced. the past 6 years. I think I have a little ees over the next 6 years. It represents Therefore, if the gentleman is getting bit of an idea what that is about. They one-fourth of the headquarters staff, 20 calls from people saying ‘‘What about are proposed in the budget resolution percent of administrative staff years, that bureaucracy in USDA,’’ tell them that has been passed by both Houses to and the savings from these reductions it is the Forest Service. That is the a further cut next year of $1 billion of already in place will be over $4 billion. area where it has grown. In the other what the farmers receive out of the What the gentleman does with his areas it is not growing. There are an program, $1 billion. amendment is to say: ‘‘Well, my dog is awful lot of jokes that are tossed The bureaucracy that we are talking bigger than your dog. I can cut more around about how many people work at about, and I recognize the valid com- than you can. I am a real fiscal con- USDA, but I will tell the Members this: ments of the gentleman from Illinois, servative. We will find some more to They do a lot of hard work and impor- the bureaucracy we are talking about cut.’’ We can all play that game, but tant work. I am afraid the gentleman’s is flat line spent for the next several when it is all over, while this depart- amendment is an effort to trump us years. It is a flat level spending while ment is downsizing, can it still perform and go a little bit better, cut a little the farmers get less money in their its functions? bit deeper, and in fact, when the serv- pockets. I will say to the gentleman from Col- ices are not there, people are going to I simply think we are going to have orado, his phone will be ringing, as say, ‘‘Why in the heck are we paying trouble going out to farmers and say- mine will be ringing, when farmers and our taxes if nobody is there to answer ing, yes, we have to balance the budg- others who want services from this de- the phone?’’ et, make these cuts, and you are going July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7317 to have less money. They say, ‘‘What man’s amendment. We have tried our ting 1,170 county-based offices, are about the USDA in Washington, the level best to do the best we could with being cut as a result of actions that are bureaucracy?’’ We say, ‘‘We have to what we had. I think that this amend- already being taken. Please do not have the same amount of money, peo- ment goes too far and undoes some of make an additional cut on top of that. ple and everything in the centralized the fine work that we have done. Mr. ALLARD. Mr. Chairman, I yield office.’’ Mr. ALLARD. Mr. Chairman, I yield myself the balance of my time. I think this is a good, prudent 2 minutes to my friend and colleague, Mr. Chairman, we have heard a lot amendment. It is a 4-percent overall the gentleman from Michigan [Mr. about cuts that are going to go back cut in the upper levels, the bureauc- SMITH]. out in the field, and they are not. I re- racy here, not out in the field staff, not Mr. SMITH of Michigan. Mr. Chair- mind the Members that these are cuts out in the field offices. man, I thank the gentleman from Colo- for bureaucracy here in Washington. A second point I would quickly make rado [Mr. ALLARD] for yielding me the Let me point out a few of the agencies is, the first year I came in as Kansas time. that have not been cut: General Coun- Secretary of Agriculture, I was pre- Mr. Chairman, I have an amendment sel; Building and Facilities; depart- sented a 7-percent across-the-board at the desk that calls for a $12 million ment administration; Inspector Gen- agency cut. Recognize, I am talking reduction out of the Washington bu- eral; Office of Budget and Program millions at the State level and this is reaucracy but puts some of that money Analysis. billions here, so I know the magnitude namely, $5.5 million, back to State and Let me again remind the Members of of the difference. But what it forced me county offices. what the total budget figures look like to do is make real changes in my oper- The substitute version that came out for the bureaucracy here in Washing- ation, the things we knew we needed to of the Committee on Rules cuts an ad- ton, DC, $314 million in 1994. In 1995, it have take place but we did not have ditional $17.5 million out of State and is $311 million. And in 1996, we are the political impetus and force to do it. county operations. I think that is looking at $313 million. The funds available to the Depart- It think it will help as well. more. If you want to talk about phone What we are talking about, ladies calls, where you get the phone calls is ment of Agriculture for administration total $313 million; $320 million if the and gentlemen, is being able to go out when they go into the county offices new Info Share Program is included. and face farmers that are going to be and they cannot get service. This amendment is less than 4 percent facing real continued reductions, and I worked in USDA in Washington for 4 years as deputy administrator of proof all that. we have had reductions already since One might get the impression, listen- grams; a tremendous number of hard- 1986, real continued reductions so that, ing to this debate, that our amendment working, good civil servants in that de- yes, we start if first in Washington, we proposes to eliminate offices or ac- partment. However, today we have make real cuts there, and this is going counts. The fact is that we are propos- 10,700 employees here in Washington, to be difficult, but this whole process ing only 10 or 5 percent cuts, and a DC. They should be out in the country. is. number of administrative accounts are Mr. SKEEN. Mr. Chairman, I yield 2 I support the gentleman’s amend- not cut at all. ment. I think it is reasonable. Out of minutes to the gentleman from New I have no doubt the department offi- that 10,000, out of every 100 employees York [Mr. WALSH]. cials perform important work and that we can reduce by 4 employees what is Mr. WALSH. Mr. Chairman, I rise in we are asking that we get by with less, here in Washington, DC. strong opposition to the gentleman’s but we are asking this of all aspects of Mr. SKEEN. Mr. Chairman, I yield 1 amendment. I share the gentleman’s the Federal Government. No one ever minute to the gentleman from Texas concerns about cutting farm programs suggested balancing the budget would [Mr. STENHOLM]. and not cutting the bureaucracy. I do be easy. When we are cutting back on Mr. STENHOLM. Mr. Chairman, I not think the gentleman fully under- farm programs, slowing the growth of just would like to reiterate the cuts stands that this committee has made Medicare, eliminating some agencies that are already being made as a result significant reductions in what he calls entirely, we need to reduce bureauc- of the reorganization of last year is the bureaucracy in this bill. racy as well. Every amendment counts. This bill does make real cuts in real one-fourth of the headquarters staff in Mr. Chairman, I yield back the bal- programs, downsizes the Federal Gov- Washington in USDA. We talk about ance of my time. ernment and ensures the most efficient the Chief Financial Officer alone, and Mr. SKEEN. Mr. Chairman, I yield use of taxpayers’ dollars. Let me just you look at the cuts: a 17-percent cut myself the balance of my time. cite several examples. All the programs from last year’s spending. The CHAIRMAN. The gentleman that the gentleman’s amendment pro- We will have an amendment a little from New Mexico [Mr. SKEEN] is recog- poses to reduce, with three exceptions, later by the gentleman from California nized for 2 minutes. have already been reduced in this bill [Mr. CONDIT] that will propose to add Mr. SKEEN. Mr. Chairman, I rise in by $2.5 million. $200,000 to the account so that the Risk opposition to this amendment with a The Office of the Chief Economist: Assessment Office, which is awfully great deal of reluctance. The gen- This office established pursuant to important to many of us in agri- tleman from Colorado [Mr. ALLARD] is USDA reorganization by transfers was culture, can be adequately funded. The a good Member of this Congress. reduced by $66,000 below the 1995 level. gentleman from Colorado would cut it I am sorry that we just did not un- Office of Budget and Program Analy- $375,000 more. The gentleman from derstand his interest, along with the sis was reduced by $104,000. California [Mr. CONDIT] already says, interest of the gentleman from Kansas Congressional Relations: The com- and correctly so, he needs $200,000 to do [Mr. BROWNBACK], and some of the oth- mittee recommendation consolidated the job. ers, in making these cuts. We would all the congressional affairs and activi- We are going to write a farm bill a have taken them under our wing in the ties into one account and cut it by 25 little bit later on. There is going to be committee and worked through this to- percent. a request for a lot of information. The gether, because right now from his own Economic Research: The committee Chief Financial Officer will be re- figures, we are still below the 1994 fig- recommendation is $805,000 below the quired. We are not going to have the ure for the Department of Agriculture. 1995 level, or $1.5 million below the money to do it because we have already Mr. Chairman, we have made those budget request. made the cuts. cuts. We have made the reductions The National Agricultural Statistics I wish the gentleman from Colorado where we can, and there must be some Service is $317,000 below the 1995 level. [Mr. ALLARD] would have supported us reason or some rationale to what we Mr. Chairman, we take our role very last year in the Committee on Agri- do. We should not be out here just cut- seriously in budget cutting. I think the culture when we talked about this, ting without knowing what the con- committee has produced a bill that is when we had the reorganization bill up sequences are. We should not just be responsible. I urge the Members of the before the Committee on Agriculture. making mindless cuts. House to support the committee’s rec- All of the things that we were talking Certainly part of our job here as leg- ommendation and defeat the gentle- about doing then, which are now cut- islators is to make sure that agencies H 7318 CONGRESSIONAL RECORD — HOUSE July 20, 1995 of the Federal Government operate as prove livestock production are providing valu- and streams, and the leeching of nutrients into intended in the laws that we have enable data which will assist the farm families of groundwater is a major environmental con- acted. Many of these cuts have severe todayÐand tomorrow. cern. This work is conducted at several loca- impacts on agencies, and starting right Their studies, which also include the inclu- tions throughout Michigan, including within my here from headquarters all the way up sion of cover crops in field crop rotations and congressional district, and need to be contin- and down the line. water table management studies, are continu- ued. We have made those cuts. We must ing to improve soil composition on American Mr. CAMP. Mr. Chairman, I yield to understand that they have to function, farms. This improves the health and productiv- the gentleman from Michigan [Mr. the agency has to have some function ity of crops and livestock which benefits us all. CHRYSLER]. left. We cannot add cuts upon cuts and In addition to assisting the American farm Mr. CHRYSLER. Mr. Chairman, I rise still expect them to function. These family with productivity, their research also in support of the amendment offered by cuts will not allow some of these agen- studies the effect of various pesticides on our my colleague. Research in sustainable cies to operate if we adopt this amend- environment. agriculture is necessary to continue to ment. This amendment will restore the funding for develop agricultural program methods I would suggest that these cuts fall Michigan State University's special research that are profitable for farmers and in the area of not very good govern- grant for sustainable agriculture. We offset the have less impact on the environment. ment. We should not be here doing cost of this program, which is $445,000, by Not only will the farmers themselves these cuts when we do not understand transferring these funds from the competitive benefit from this valuable research but the consequences. research grants. also the economies of the surrounding I urge Members to vote against this Michigan State is strategically located in the communities. I urge my colleagues to amendment. These agencies have al- sensitive environmental area of Michigan join me in voting for the Camp amend- ready paid their fair share in deficit re- which includes 2,300 miles of shoreline, ment. duction. Let us not do things when we 20,000 slow moving creeks, rivers and Mr. SKEEN. Mr. Chairman, if the have no idea of what we are doing. streams, and hundreds of inland lakes. Water gentleman will yield, we accept the The CHAIRMAN. The question is on table management is critical in this area. The amendment. the amendment offered by the gen- lessons learned in this sensitive area can be The CHAIRMAN. The question is on tleman from Colorado [Mr. ALLARD]. applied elsewhere in similar situations. the amendment offered by the gen- The question was taken; and the In these days of global competitiveness, it is tleman from Michigan [Mr. CAMP]. Chairman announced that the ayes ap- vital that American farm families are given the The amendment was agreed to. peared to have it. opportunity to grow and prosper. With this re- b 1545 Mr. SKEEN. Mr. Chairman, I demand search, they can continue to provide the kind AMENDMENT OFFERED BY MR. CONDIT a recorded vote. of quality products we've come to appreciate. Mr. CONDIT. Mr. Chairman, I offer The CHAIRMAN. Pursuant to the In order to ensure that research on newer and an amendment. order of the House of Wednesday, July safer ways to provide those products contin- The Clerk read as follows: 19, further proceedings on the amend- ues, we must support programs like this one. Amendment offered by Mr. CONDIT: Page ment offered by the gentleman from Sustainable agriculture strikes a fair balance 25, line 20, insert before the colon the follow- Colorado [Mr. ALLARD] will be post- between increasing profits for the American ing: ‘‘(reduced by $300,000)’’. poned. farm families and preserving and protecting Page 3, line 3, insert before the period the AMENDMENT OFFERED BY MR. CAMP our precious environment. following: ‘‘(increased by $300,000)’’. Mr. CAMP. Mr. Chairman, I offer an This is a minimal price to pay for all that we Mr. CONDIT. Mr. Chairman, I rise amendment. can benefit from effective and efficient re- today to offer an amendment that The CHAIRMAN. The Clerk will des- search. would fulfill a commitment that the ignate the amendment. Mr. Chairman, I yield to the gen- 103d Congress began on risk assessment The text of the amendment is as fol- tleman from Michigan [Mr. BARCIA]. and cost-benefit analyses. My amend- lows: (Mr. BARCIA asked and was given ment would transfer $300,000 from the Amendment offered by Mr. CAMP: Page 13, permission to revise and extend his re- salary and expenses of the consolidated line 24, strike ‘‘$31,485,000’’ and insert marks.) Farm Service Agency to the Office of $31,930,000’’. Mr. BARCIA. Mr. Chairman, I rise in Chief Economist in the Department of Page 14, line 2, strike $98,810,000’’ and in- support of the amendment offered by Agriculture. sert $98,365,000’’. the gentleman from Michigan [Mr. I understand the gentleman from (Mr. CAMP asked and was given per- CAMP]. I believe, also, that it is vital New Mexico [Mr. SKEEN] has a submission to revise and extend his re- that we restore funds for sustainable stitute amendment that he plans to marks.) agricultural research as part of this ap- offer to my amendment, and I want to Mr. CAMP. Mr. Chairman, I urge sup- propriation. thank the chairman and his staff for port for this amendment to transfer This amendment restores $445,000, the working with us over the last several $445,000 from competitive research same amount as was available in fiscal 1995, days to ensure funding for this impor- grants to restore funding for special to continue work which seeks to develop pro- tant office and what it intends to do. grant research for sustainable agri- duction methods that are profitable for farmers This money will be used to carry out culture. Continuing research for sus- and have less impact on the environment. the statutory requirement of the estab- tainable agriculture is crucial to main- All of our major advances in agriculture lishing of the Office of Risk Assess- taining an acceptable balance between have come as a result of research. If we are ment and Cost Benefit Analysis. As the need to protect American agri- to improve production practices with an eye some of you may be aware, the USDA culture, the family farm, and our pre- toward a better management of the environ- office of risk assessment was a man- cious environment. ment, then careful and sustained research will date under the USDA department reor- Mr. Chairman, I urge my fellow Members to be necessary to develop better production ganization legislation signed by the support this amendment. One of the reasons methods. President last fall. that American farm families are able to pro- As the fiscal 1996 hearings for the Depart- Risk assessment and cost-benefit vide the best food in the world at the lowest ment of Agriculture pointed out, this research analysis has served as the cornerstone prices is because our universities have been effort targets compost integration, rotational for regulatory reform during the first 7 able to conduct revolutionary research. By grazing, cover crops, and water table-nutrient months of the 104th Congress. While continuing this research, we enable the agri- contamination management. This last element steps taken by the Department to put culture industry to find newer and safer ways is the continuation of subirrigation research this office on the right track, the cur- to expand their crops while protecting our pre- work that is vital in my part of Michigan if we rent funding in the agriculture appro- cious environment. are to adequately protect and efficiently use priations bill would not allow the of- Michigan State University is on the cutting our groundwater resources. fice to meet its mandated obligation, edge of such research. Their studies on the The hearings most explicitly demonstrated as prescribed under the USDA reorga- management of municipal and animal organic that farm areas in Michigan are drained by nization legislation of the 103d Con- waste, and the use of grazing systems to im- more than 20,000 miles of slow-moving creeks gress. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7319 I urge Members to support my The amendment, as amended, was porter of rural housing. The Appropria- amendment, and the Skeen substitute, agreed to. tions Committee originally rec- and I reserve the balance of my time. AMENDMENT OFFERED BY MR. CASTLE ommended a level of $900 million for Mr. ROBERTS. Mr. Chairman, will Mr. CASTLE. Mr. Chairman, I offer the 502 program. However, after the the gentleman yield? an amendment. committee found that it could not in- Mr. CONDIT. I yield to the gen- The CHAIRMAN. The Clerk will des- clude savings from certain mandatory tleman from Kansas [Mr. ROBERTS] who ignated the amendment. spending programs, the chairman felt has been a strong supporter of the risk The text of the amendment is as fol- he had to make an additional $400 mil- assessment effort. lows: lion cut in the 502 direct program. Mr. ROBERTS. Mr. Chairman, I Amendment offered by Mr. CASTLE: Page I understand the difficult choices the would just like to emphasize the gen- 25, line 20, strike ‘‘$805,888,000’’ and insert gentleman from New Mexico has had to tleman has been a real leader in the ‘‘802,888,000’’. make. This budget is extremely tight unfunded mandates effort several Con- Page 31, line 19, strike $629,986,000’’ and in- and it has to be. I am not seeking to re- gresses ago when it was not popular, sert $612,986,000’’. store the 502 program to its fiscal year and now when it is, and his efforts to Page 40, line 10, before ‘‘for loans’’ insert 1995 level or even to the level origi- ‘‘(plus $200,000,000)’’. nally recommended by the committee. put an office of risk assessment within Page 40, line 20, before ‘‘, of which’’ insert the Department of Agriculture was a ‘‘(plus $40,000,000)’’. My amendment will still leave the pro- real initiative, a real reform effort in Page 57, line 20, strike ‘‘$821,100,000’’ and gram with $233 million less than its the Committee on Agriculture during insert ‘‘$801,100,000’’. current year funding, a cut of 25 per- the last session. Mr. SKEEN. Mr. Chairman, I ask cent from last year. Unfortunately, because of the budget unanimous consent that all debate on Mr. Chairman, what do these num- pressures, it was not funded. We need this amendment and all amendments bers mean to real people in our rural this money. It is a good effort and I thereto close in 20 minutes and that communities? They mean a lot. The 502 commend the gentleman and I support the time be equally divided. direct loan program is the only afford- the amendment wholeheartedly. The CHAIRMAN. Is there objection able homeownership program that AMENDMENT OFFERED BY MR. SKEEN AS A SUB- to the request of the gentleman from serves low- and very low-income fami- STITUTE FOR THE AMENDMENT OFFERED BY New Mexico? lies in rural areas. The typical direct loan borrower is MR. CONDIT Mr. SANDERS. Mr. Chairman, re- working and is making $15,165 per year. Mr. SKEEN. Mr. Chairman, I offer an serving the right to object, how many These are hard-working people trying amendment as a substitute for the more amendments do we plan to offer? to achieve the American dream of own- amendment. Mr. DURBIN. Mr. Chairman, if the ing their own home. The 502 direct pro- The Clerk read as follows: gentleman will yield, it is my under- gram is the most effective program to Amendment offered by Mr. SKEEN as a sub- standing the gentleman from New Mex- stitute for the amendment offered by Mr. help them make that dream a reality. ico [Mr. SKEEN], the chairman of the CONDIT: On page 3, line 3 strike $3,748,000 and This program works. It helps people insert $3,948,000; On page 14, line 2 strike committee, has suggested the time who would otherwise be unable to af- $98,365,000 and insert $98,165,000; and limit on the Castle amendment and all ford a home make the step to home On page 14, line 20 strike $389,372,000 and amendments thereto. ownership. While these families have insert $389,172,000. Mr. SKEEN. Mr. Chairman, if the very low income, they pay their mort- Mr. SKEEN (during the reading). Mr. gentleman will yield, I did not mean to gages. The 30-day delinquent rate is Chairman, I ask unanimous consent say the whole gamut. I would like to only 6.8 percent and the 90-day rate is that the amendment be considered as say 20 minutes on the entire gamut of 1.6 percent. There is currently a 2- to 3- read and printed in the RECORD. amendments. year waiting list for these loans. The CHAIRMAN. Is there objection Mr. Chairman, I will give the gen- We are not meeting the need with the to the request of the gentleman from tleman from Illinois 5 minutes. current level of funding, much less New Mexico? Mr. DURBIN. I thank the gentleman. with the cut proposed in this bill. A There was no objection. Mr. SANDERS. Mr. Chairman, I loan level of $900 million would assist Mr. SKEEN. Mr. Chairman, I will ex- withdraw my reservation of objection. about 14,000 new homeowners. Cutting plain the amendment. This has to do The CHAIRMAN. Is there objection it to $500 million would provide only with the Office of Risk Assessment, to the request of the gentleman from 7,800 loans. and my amendment transfers $200,000 New Mexico? Mr. Chairman, my proposed amend- from the Competitive Research Grants There was no objection. ment would allow us to help almost Program under the Cooperative State The CHAIRMAN. The debate time 11,000 families in rural areas across the Research, Education, and Extension will be limited to 20 minutes; 10 min- Nation. Remember, the actual appro- Service to the Chief Economist. utes to be controlled by the gentleman priations for this program are much This money is needed to supplement from Delaware [Mr. CASTLE] and 10 lower than the loan levels they pro- existing funding and will be used to minutes in opposition, 5 minutes by vide. In fiscal year 1995, an appropria- both enter into contracts with experts the gentleman from New Mexico [Mr. tion of $228 million provided $933 mil- in the field of risk assessment to pro- SKEEN] and 5 minutes by the gentleman lion in loans. vide USDA with guidance in how its Of- from Illinois [Mr. DURBIN]. Under this bill, we would appropriate fice of Risk Assessment and Cost Bene- Mr. CASTLE. Mr. Chairman, I am of- only $102.6 million to provide $500 mil- fit Analysis should operate, and hire an fering an amendment that is based on lion in loans. My amendment would economist to work in this office. That two principles. One is that encouraging add a modest $40 million to an appro- is the intent and the explanation of homeownership is good for our econ- priation of $142.6 million and $700 mil- this amendment and I ask for its adop- omy and society and, two, in the effort lion in loans. tion and support its passage. to balance the budget, spending cuts In southern Delaware, like many The CHAIRMAN. The question is on must be allocated fairly. rural areas, affordable housing is the amendment offered by the gen- My amendment would restore $200 scarce and often substandard. The tleman from New Mexico [Mr. SKEEN] million of the $400 million cut in the economy in these communities is often as a substitute for the amendment of- section 502 direct loan homeownership more sluggish than more populated fered by the gentleman from California program made by yesterday’s man- areas. When families can buy homes, [Mr. CONDIT]. ager’s amendment. The program was they give the economy of the entire The amendment offered as a sub- cut 45 percent last year and now the community a shot in the arm. Con- stitute for the amendment was agreed bill before us would reduce the 502 struction provides new jobs and ex- to. rural housing program by another 42 panded tax base for schools and other The CHAIRMAN. The question is on percent. investments and increased sales and the amendment offered by the gen- Mr. Chairman, I have the utmost re- tax revenues. tleman from California [Mr. CONDIT], as spect for the gentleman from New Mex- A single family 502 direct loan gen- amended. ico [Mr. SKEEN] and I know he is a sup- erates 1.75 jobs, $50,201 in wages, and H 7320 CONGRESSIONAL RECORD — HOUSE July 20, 1995 $20,506 in annual tax revenues in rural Mr. Chairman, I reserve the balance ing it down to freezing at last year’s America. In short, the program not of my time. level, he is overlooking two rather sig- only provides homes to low-income Mr. CASTLE. Mr. Chairman, I yield nificant facts, and that was what I rural families, it provides jobs and tax myself 30 seconds. tried to point out to the gentleman revenues to rural communities. Mr. Chairman, very briefly, the num- from Colorado [Mr. ALLARD] a moment Mr. Chairman, this amendment is a bers on this are on the Consolidated ago. As a result of the reauthorization matter of fairness. The rural housing Farm Service Agency, after this cut, we are reducing from 43 to 29 agencies 502 direct loan program is taking a dis- and this is not the bill cut in that it is in USDA. The FSA office on the same proportionate cut in the effort to bal- only $3 million, it simply freezes it at amount of money as last year is going ance the budget. My amendment would the 1995 level. to have to administer two additional simply restore some funding for home The Natural Resources Conservation programs. That is part of the reorga- loans to low-income rural families. Service, my amendment would still nization. So what sounds like a very The amendment is budget neutral. provide a $22.3 million increase over innocuous, simple amendment gets Most important, it would help more this year. In the grants program on very complicated when it actually gets rural families achieve the American transportation, the title 2 grants, my into how to implement it out there in dream the American dream of home amendment would provide over $801 the country. ownership. I urge my colleagues to ap- million for this program, an increase So this is one of those areas that we prove this amendment. over the request and only 3 percent cut would all like to be very supportive of, Mr. Chairman, I reserve the balance from 1995, while this program is facing but again, as a result of the reorganiza- of my time. cuts of 45 and 44 percent in each of the tion ongoing and that we are plowing Mr. SKEEN. Mr. Chairman, I under- last 2 years. I do not think they are through ground that none of us really stand what the gentleman from Dela- even comparable. understand the true effects of as yet I, ware [Mr. CASTLE], my friend and col- Mr. SKEEN. Mr. Chairman, I yield 1 too, must reluctantly, but rather firm- league, is trying to do here to restore minute to the gentleman from Michi- ly, oppose the amendment offered by money to the section 502 direct loan gan [Mr. SMITH]. the gentleman from Delaware [Mr. program. But in doing so, his amend- Mr. SMITH of Michigan. Mr. Chair- ment would seriously damage other CASTLE] today. man, I was chairman of the working Mr. CASTLE. Mr. Chairman, I yield programs which have already been cut group in the Committee on the Budget myself 15 seconds just to rebut what significantly. Mr. Chairman, I regret dealing with HUD and with the old the distinguished gentleman from that I have to oppose this amendment. When we dropped the limitations Farmer’s Home Administration. Texas [Mr. STENHOLM] said. against some mandatory programs and I would suggest, Mr. Chairman, and Three million dollars is the reduction had to go back into discretionary pro- to this body, that it should not be the in FSA in this particular amendment, grams to look for additional savings, goal of the U.S. Government to be in $3 million, and yet we are looking at a we looked closely at every account and the banking business. We should be program that is almost savaged in made our decisions after a great deal of moving to guaranteed loans, which is terms of the cuts which are going on. I deliberation. That includes all the ac- much more effective, much less costly think the comparison makes ours fair. counts that the gentleman from Dela- for taxpayers. Mr. Chairman, I yield 1 minute to the That is what this committee did. ware [Mr. CASTLE] proposes to cut to gentleman from Maryland [Mr. restore funds to the 502 direct loan pro- They moved and expanded the guaran- GILCHREST]. gram. teed loan program from $1 billion to Mr. GILCHREST. Mr. Chairman, a The en bloc amendment, which we $1.7 billion to serve many more clients couple more facts here: have agreed to, cuts an additional $17.5 than direct loan programs can. We Last year 130,000 people applied for million from salaries and expenses of should not be in the direct loan pro- what we used to call the farmer’s home the Consolidated Farm Service Agency. gram. loan, and that is 130,000 that applied, Money for PL–480 humanitarian aid has Mr. CASTLE. Mr. Chairman, I yield 15,000 were able to take advantage of declined steadily from $1.7 billion to 15 seconds to myself in response. The the money that was available. This just about $1 billion. guaranteed loan programs do not serve year, under the present conditions, it The refugee situation in Bosnia this population. They serve a popu- would only be 8,000 people able to take grows more tragic every day and this lation at twice the income of this. advantage of it. Two years ago 27,000 program is essential to American aid Mr. Chairman, and I yield 1 minute people were able to take advantage of efforts there as it is to American aid to the gentleman from Iowa [Mr. it. We have reduced those important programs in central Africa. LATHAM]. farm programs by just a small amount. Conservation programs have been re- Mr. LATHAM. Mr. Chairman, I just That small amount can be transferred duced by 40 percent in the past 2 years wanted to say that in the 5th district into rural housing. and this amendment will mean less of Northwest Iowa, this is extremely The importance of rural housing can- money for important soil erosion and important and I support this amend- not be expressed enough. We have peo- water quality programs in both rural ment. We virtually have no unemploy- ple that are working with children that and urban areas, and I repeat, rural and ment in the area. Our problem is hous- must rent. They are not really contrib- urban areas. ing. This goes right to the heart of the uting to the tax base of the commu- According to the Department of Agri- real needs of the people in my district, nity, they are not building up equity culture, a $21 million cut in Conserva- the rural areas, and I strongly support for their family. With a small amount tion Operations would mean a reduc- this amendment. I thank the gen- of rural home loans by the Federal tion of 400 staff years, permanent clos- tleman for offering it. Government we are not only going to ing of 140 field offices, 50,000 farmers Mr. DURBIN. Mr. Chairman, I yield 1 help those rural families, we are going will not be able to receive technical as- minute to the gentleman from Texas to contribute to the community, and sistance, and 3.1 million acres of land [Mr. STENHOLM]. many of those rural families that we will not be treated for conservation are helping with this loan money are b 1600 measures such as soil erosion. children of farmers who deserve the Mr. Chairman, we have tried very Mr. STENHOLM. Mr. Chairman, I, dollars. hard in this bill to distribute cuts fair- too, would like very much to be sup- Mr. Chairman, I encourage my col- ly and to distribute the funds carefully portive of the gentleman’s amendment leagues to vote for the Castle amend- to meet our budget-cutting obligations. today for the reasons of housing, but ment. The bill, as amended, does that and I again it is not that simple, and, when Mr. SKEEN. Mr. Chairman, I yield 2 urge my colleagues to reject this we look at the work that the commit- minutes to the gentleman from Ala- amendment which simply throws away tee has done, they had a tough call to bama [Mr. CALLAHAN]. many long, hard weeks of work and ef- make, and they have made that call, (Mr. CALLAHAN asked and was fort and makes severe cuts in essential and, when my colleague says in the given permission to revise and extend programs. area of the FSA office he is only bring- his remarks.) July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7321 Mr. CALLAHAN. I thank the gen- said, he has turned to the wrong places to me we ought to be able to find a way tleman for yielding this time to me. to find them because he is causing pain of putting some more money into the Mr. Chairman, I could not agree more in other areas which I am afraid is program for the 502 program here. with Governor CASTLE. I think that equal to or greater than the pain to be It is a program that takes families this 502 program is one of the finest felt in the housing area. ‘‘When you who are on the edge of making it and government programs that has ever want to cut $21 million from conserva- allows them to have a stake in their been concocted here in Washington. It tion operations,’’ I tell my friend from community. It is their own chance for does provide a very needed service to Delaware, ‘‘you are going to perma- owning their own houses, in fact the our American people, people who are nently close 140 field offices across the only Federal program that gives assist- working, people who are trying to United States, 3.1 million acres will ance for low-income home ownership, make a substantial position in their not be treated with conservation meas- so I would support the gentleman’s life or their families who cannot go to ures, 50,000 farmers will not receive amendment and hope that it would be a bank. It is very crucial and very im- technical assistance, and 111⁄2 million adopted. portant that we fund it, and I support tons of soil erosion will occur.’’ Mr. DURBIN. Mr. Chairman, I yield 1 the funding of it, but not in this way. Mr. Chairman, if someone is listening minute to the gentlewoman from North I say to the gentleman, Governor, I to that, they will say, ‘‘So what? Water Carolina [Mrs. CLAYTON]. think that you’re on the right track, flows into rivers every day.’’ The so Mrs. CLAYTON. Mr. Chairman, the but I think that the committee has what is that in my town of Springfield, gentleman from Delaware [Mr. CASTLE] worked hard. We have found another IL, in Dover, DE, in places all across and I have had conversations, and I $10 million, and I’m going to introduce the United States where we rely on a support the direction he is going. I just an amendment which I think is going public water supply, this sedimenta- disagree where he is taking his sources, to be accepted. That will increase the tion causes great pain and problems and I do not know if I get in a colloquy lending authority another $50 million. from the viewpoint of the quality of with him to suggest later on we will So that’s going to help some. water and the quantity of water. So have a better opportunity to discuss, The chairman of the committee has where we think we are saving money and the gentleman probably disagrees told me that they are going to try to and cutting conservation we are adding with my amount and my source, but let work in the Senate with the Members me share with my colleagues I do sup- to the expense of living in a city. of the Senate and in the conference The same thing can be said for other port the gentleman’s effort, and I do committee to increase that, but I think cuts proposed by the gentleman. His think that he and I share the right that we ought to give due credit to the cuts in the consolidated Farm Service goals. It is just I do not want to dev- chairman of the committee for the astate these other programs when that Agency of $171⁄2 million—I am sorry; his hard work he has done under some very money is taken from them, leave them cuts are in addition to the $171⁄2 million extreme circumstances, recognize he is made last night in the en bloc amend- ineffective and inoperative. supportive as the gentleman and I are, So, I am trying to find a way to ac- ment. This is going to hurt that agen- that we want to increase the funding commodate the gentleman’s desire, but cy, in doing its job overall. The cuts in for the 502 program. We are going to in- I am also recognizing I am going to Public Law 480, on humanitarian aid: crease it, but just not in this manner. have an amendment in title III which So, Mr. Chairman, I reluctantly op- We have been cutting back in Public obviously is more ideal, and I may not pose the amendment and urge my col- Law 480 year, after year, after year, have the numbers. Do I offer to lose all leagues to vote ‘‘no’’ in this case and and what is left is very little to try to of the compromise? trust us, and I know that that is some- respond to genuine world crises in a But I think we will have a chance to thing coming from a politician, but very moderate way. I know the gen- visit this again, and I would just hope trust the chairman, that he is going to tleman is just as sensitive to that as I that the gentleman from Delaware can help us try to correct the problem that am. find it to be supportive since he wants exists in the bill. So, Mr. Chairman, I would join with to move in that direction anyhow. He So, I encourage my colleagues to con- the gentleman from Alabama [Mr. CAL- would be able to amend mine, if nec- tinue to support the 502 program but to LAHAN], who said earlier that we want essary, to allow it to accommodate our vote ‘‘no’’ on this particular amend- to help put more money in 502. I think goals. ment. the sources identified by the gentleman Mr. CASTLE. Mr. Chairman, I yield Mr. DURBIN. Mr. Chairman, I yield from Delaware are not the places to myself the balance of my time. myself such time as I may consume. turn to, and I will be opposing his The CHAIRMAN. The gentleman Mr. Chairman, I would like to speak amendment. from Delaware is recognized for 2 min- against this amendment, and I would Mr. Chairman, I reserve the balance utes. like to agree with the previous speaker of my time. Mr. CASTLE. Mr. Chairman, it is a from Alabama. What the gentleman Mr. CASTLE. Mr. Chairman, I yield 1 very interesting amendment. I have from Delaware is setting out to do is minute to the gentleman from Massa- never presented an amendment on this very important. I think he has accu- chusetts [Mr. OLVER]. floor or anywhere else for that matter. rately identified a real problem that we Mr. OLVER. Mr. Chairman, I thank Everybody got up and said, ‘‘Gee, it is face in small-town America. It applies the gentleman from Delaware for yield- a great program, it is a great idea to to the State of Illinois, virtually every ing this time to me, and I certainly do fund it more. This is one of the best State, because in the smaller commu- recognize and commend the work of things we do in the United States of nities low-income families are finding the chairman and the ranking member America, but we just simply can’t do it impossible to own a home and to cer- in coming up with a bill under very dif- it.’’ And I understand everyone’s good tainly own a quality home. The aver- ficult circumstances, and what I hear will and am not being facetious at all age income of the families, the borrow- from a number of different Members is when I say that, but the bottom line is ers who applied for 502 housing, is that the very commendable amend- I think we can do it. I think this about $15,000 a year, and to put that in ment being proposed in its principle by amendment is the best vehicle in which simple terms, it is a husband and a wife the gentleman from Delaware whose to do it. each earning a little bit more than the amendment I support is—wants to do Mr. Chairman, I appreciate the com- minimum wage who are trying to get the right thing, but takes the money ments of the gentlewoman from North their first starter home, and if there is from the wrong place. But here we are Carolina, but the bottom line is fairly ever anything we in America value as cutting out of a program of housing simple. The FSA concern, we are reduc- part of the American dream, that is it, home ownership for low-income fami- ing that by $3 million. In the Natural and the gentleman from Delaware is lies. We are taking that one down by Resources Conservation Service my trying to find resources to put into this about 50 percent, more than 50 percent, amendment would still allow $22.3 mil- program, and I am with him 100 per- over a 2-year period, and the whole pro- lion increase over this year, and we cent. gram is coming down, the whole pro- only have a 3-percent cut in the title II But, as the gentleman from Alabama gram in agriculture coming down less grants for the various services to for- and the gentleman from New Mexico than 10 percent in its total, so it seems eign governments on food grants. H 7322 CONGRESSIONAL RECORD — HOUSE July 20, 1995 This is in comparison, my colleagues, Amendment offered by Mr. SANDERS: Page product declines. Given the reality to a 45-percent reduction last year in 3, line 3, insert after ‘‘$3,748,000’’ the follow- that family dairy farmers have already this wonderful program we run, a 42- ing: ‘‘(increased by $1,000,000).’’ seen a major drop in the real prices Page 56, line 16, insert before ‘‘, of which’’ percent reduction this year if we do not the following: ‘‘(reduced by $3,000,000)’’. that they receive for their milk, the do anything about it, which is simply Page 60, line 15 insert before ‘‘, of which’’ further decline of milk prices because incredible in light of the fact that we the following: ‘‘(increased by $1,000,000)’’. of Monsanto’s BST is an absolute disas- have people standing in line, the pro- Mr. SKEEN. Mr. Chairman, I ask ter. gram works, people pay back their unanimous consent that all debate on The truth of the matter is that in my loans, practically everybody supports this amendment and all amendments State of Vermont, family farmers are it. thereto close in 20 minutes. being driven off of the land in increas- Mr. Chairman, in my judgment this Mr. SANDERS. Mr. Chairman, re- ing numbers. This is happening in Wis- is a program which seems to meet all serving the right to object, we are talk- consin, in Minnesota, all over the the litmus tests we want of trying to ing about the survival of the American America, and this is a terrible tragedy balance our budget, give people an op- family farm. I would ask for 30 min- for those of us who believe in family portunity and particularly help in our utes. farming. rural areas where we have good people Mr. SKEEN. Mr. Chairman, I insist The Office of Management and Budg- who are out there working, earning a on 20 minutes. et estimates that dairy surpluses small income but enough to be able to Mr. SANDERS. Mr. Chairman, I ob- caused by BST injections will cost buy a home. I have been in these ject. farmers $1.3 billion in lost income over homes, I have been at these settle- The CHAIRMAN. Objection is heard. the next 5 years. They acknowledge ments, I have seen how this program The gentleman from Vermont is recog- that farmers are going to be receiving works, and it is an excellent program, nized for 5 minutes. significantly less income. and I am just worried if we wait until Mr. SANDERS. Mr. Chairman, did Let me tell you something, Mr. some other time we will not be able to the chairman say 25 minutes? Chairman, that the loss of family resolve all the problems before us. Mr. SKEEN. Mr. Chairman I will farms in Vermont or Wisconsin is not So, Mr. Chairman, I would encourage meet the gentleman halfway, 25 min- only a tragedy for our States, it is a us to go ahead with this amendment utes. tragedy for America. It will be a very The CHAIRMAN. Is there objection and perhaps that will be the jumping- bad thing when a handful of large agri- to the request of the gentleman from off point for future negotiations, and I business corporations control the pro- New Mexico [Mr. SKEEN] that debate on hope we would all support the Castle duction and distribution of dairy prod- this amendment and all amendment amendment to help keep this program ucts in this country. It will be a trag- thereto be limited to 25 minutes? we all agree is outstanding alive. edy when all over this country we see Mr. SKEEN. Mr. Chairman, I yield There was no objection. The CHAIRMAN. Time for debate on family farmers going out of business. the remaining 30 seconds of my time to That is why this amendment provides the gentleman from New York [Mr. this amendment is limited to 25 minutes, which means the gentleman from the chief economist in the Department WALSH]. of Agriculture with $1 million to report Mr. WALSH. Mr. Chairman, I, too, New Mexico [Mr. SKEEN] will control 6 on the economic impact of BST on the rise in reluctant opposition to the gen- minutes and 15 seconds, the gentleman small dairy farms in America. tleman from Delaware’s amendment. from Illinois [Mr. DURBIN] will control Mr. Chairman, I strongly urge Mem- We all agree on the importance of this 6 minutes and 15 seconds, and the gen- bers to support this study and vote for program. The difficulty is our sub- tleman from Vermont [Mr. SANDERS] this amendment. committee has spent countless hours will control 12 minutes and 30 seconds. The Chair recognizes the gentleman The introduction of RBGH to dairy allocating very scarce resources to the farming also results in higher Federal many important programs that we from Vermont [Mr. SANDERS]. Mr. SANDERS. Mr. Chairman, I yield spending. Deficit hawks, listen up. have. This delicate balance that we With more milk being produced, more have woven together is affected very myself such time as I may consume. Mr. Chairman, the CBO scored this money is spent on purchasing the milk heavily by the offsets that the gen- amendment and found it saves both surplus. OMB estimates it will cost the tleman from Delaware [Mr. CASTLE] budget authority and outlays. This Federal Government $500 million over provides, so I look forward to, in title amendment is simple: It cuts funding the next 5 years to pay for the surplus II of this bill, supporting Mr. CAL- for the Foreign Agricultural Service by created by the introduction of BST. LAHAN’s amendment to do precisely the $3 million, and adds back only $2 mil- Further, Mr. Chairman, the irony of same thing, just not at the same mag- lion, $1 million to the chief economist all ironies is that the synthetic bovine nitude. hormone serves no useful purpose other The CHAIRMAN. All time has ex- to report on the impact of synthetic than making Monsanto, a multibillion pired. RBGH on small dairy farms, and an- The question is on the amendment other $1 million to the FDA to develop dollar corporation, a little bit richer. offered by the gentleman from Dela- an RBGH level test. The remaining $1 That is all that it does. If you are interested in deficit reduc- ware [Mr. CASTLE]. million goes into deficit reduction. The question was taken; and the Mr. Chairman, injections of synthetic tion, you should support this amend- Chairman announced that the noes ap- bovine growth hormone, otherwise ment that provides $1 million in direct peared to have it. known as RBGH, or BST, are present- savings and addresses this expected ing a very serious and multifaceted $500 million lost. RECORDED VOTE Synthetic BGH is not just an eco- Mr. CASTLE. Mr. Chairman, I de- problem since the Monsanto Corp. in- nomic issue, it is a consumer issue. mand a recorded vote. troduced the product into the market The CHAIRMAN. Pursuant to the last year. Consumer polls show us that up to 90 order of the House of Wednesday, July RBGH or BST is a new genetically percent of American consumers want 19, 1995, further proceedings on the engineered hormone that forces cows RBGH milk labeled. They want it la- amendment offered by the gentleman to produce greater than normal beled. State labeling legislation that has been passed in Vermont and other from Delaware [Mr. CASTLE] will be amounts of milk. The introduction of postponed. RBGH is having the impact of lowering States clearly underscores this very farm income and threatening the very strong consumer support for labeling. b 1615 existence of the family dairy farm. Labels would enable consumers to sup- AMENDMENT OFFERED BY MR. SANDERS Soon after the introduction of BST, the port the continued existence of family Mr. SANDERS. Mr. Chairman, I offer Milwaukee Sentinel reported on the farms, deficit reduction, and the hu- an amendment, numbered 71. ‘‘Sea of new milk triggered in part by mane treatment of cows. The CHAIRMAN. The Clerk will des- the introduction of bovine growth hor- Consumers around the world are ignate the amendment. mone.’’ leery of RBGH. The European par- The text of the amendment is as fol- As milk production increases, the liament voted unanimously to extend lows: prices that farmers receive for their its ban on the import of dairy and meat July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7323 products from animals which had been have to get into that to assess the de- anything we need in agriculture, espe- treated with the drug. sirability of the gentleman’s amend- cially in dairy, it is to sell more of our Mr. Chairman, this amendment pro- ment. products overseas. So I do not want to vides $1 million to the FDA to develop My good friend from Illinois says see any money diverted from that for a simple and inexpensive test so that that the consequence of BGH use is to another meaningless study. we will know whether the milk coming increase dairy production. That is true. Mr. SANDERS. Mr. Chairman, will from a cow, if that cow has been in- That is the problem, because that leads the gentleman yield? jected with BST or not. It is a very im- to other consequences. And when you Mr. ROTH. I yield to the gentleman portant consumer issue. have a large increase in dairy produc- from Vermont. Mr. Chairman, I reserve the balance tion, you are going to also have a large Mr. SANDERS. Mr. Chairman, will of my time. increase in turmoil in rural commu- the gentleman tell the people of Amer- Mr. DURBIN. Mr. Chairman, I yield nities and a great disruption of the ica, his colleagues, how many family myself two minutes. rural economy and rural sociology. farms in Wisconsin have gone out of Mr. Chairman, I understand where I hate to see anything happen which business and how many farmers have my colleague from Vermont is coming further weakens rural areas, which fur- been thrown off the land? from. There is no doubt that many ther weakens small towns, and which, Mr. ROTH. Mr. Chairman, reclaiming changes in science are changing farm- therefore, further weakens the work my time, yes, we have had too many ing, and that has been the case since ethic, which I think is rooted more dairy farms go out of business in the the turn of the century. There is no deeply in those small communities State of Wisconsin and in other parts question that these changes have than any other place in America. of the country. But that is not the forced many small operations out of I would observe that all the gen- issue here. That is not the issue here. existence, and they will continue to. tleman is asking, if I understand the BGH is not going to be decided here And with their disappearance, we will amendment correctly, is that in the in this Chamber. BGH is not going to lose part of the American way of life, context of an amendment which saves be decided on the dairy farm. You and some of that will be to our det- $1 million on the deficit, he simply know where BGH is going to be de- riment as a nation. asks that a study be done to determine cided? It is going to be decided by the But it is literally impossible for us to what the economic impacts of this consumer when they walk into the gro- ignore scientific change and advances chemical will be. cery store and supermarket, and if and its impact on farming. This chemi- Now, I know that many farmers in they buy the milk, it is going to be cal, this bovine growth hormone, has a my district think that if you took produced by BGH. If they do not, it will consequence of increasing the milk every agriculture economist in the not be. It is a consumer’s issue here. production of America’s dairy cows. world and laid them end to end, that it Mr. SANDERS. The gentleman comes Now, the fact is, we did not need would be a good thing. But nonethe- from the great State of Wisconsin. more milk. We had plenty already, but less, I think that it would be very good Farmers are being driven off the land now this chemical is helping each cow for everybody on all sides of this issue in Wisconsin. I had farmers coming to to give more milk. My dairy farmers in to have a full understanding of the im- my office in tears because they are my district are using it because they pact of this chemical. All the gen- working 80 hours a week and losing believe it is the wave of the future. tleman is asking for is that we know their farm. Here is the question: Will They believe that fewer cows producing not only what the scientific effect will the gentleman tell his colleagues how more milk can be the wave of the fu- be in terms of increased dairy produc- many farmers in Vermont have been ture. tion, but what that will lead to in driven off the land because of the intro- The gentleman from Vermont I am terms of the dairy economy, the con- duction of BST? Do you know the an- sure is correct that some dairy produc- sequences that has for rural America, swer? ers will not be able to accommodate and the consequences it has for the Mr. ROTH. No one knows the answer. this change and may go out of busi- Federal budget. Mr. SANDERS. That is why I want ness, but we cannot turn back the Regardless of how you feel about the the study. hands of time. We cannot ignore the chemical, there is nothing wrong with Mr. ROTH. People have not been science that has come about. this amendment. In fact, it could put a driven off the farms because of BGH. I I disagree with my colleague from lot of political arguments about it to am not in favor of BGH. We have Vermont in his suggestion that there is rest. I would urge that Members sup- enough milk production. There are a something inherently dangerous with port the amendment. lot of other reasons. That is not the this chemical. There have been no Mr. SKEEN. Mr. Chairman, I yield issue. fewer than 2,000 separate studies of this 11⁄2 minutes to the gentleman from Wis- Mr. SANDERS. What is the issue? chemical, and we have found no harm- consin [Mr. ROTH]. Mr. ROTH. I have read your amend- ful effects from the bovine growth hor- Mr. SANDERS. Mr. Chairman, I yield ment. You want to take $1 million for mone. The trace elements which we 1 minute to the gentleman from Wis- another study, and I am saying we do find of this chemical in milk are so consin. not need any more studies. We already minute, one part per billion, and if you The CHAIRMAN. The gentleman know the answer. want to put that in perspective, I am from Wisconsin is recognized for 21⁄2 Let me just say that what the issue told that is the equivalent of one sec- minutes. basically here is, we do not want to di- ond in approximately 32 years, that is Mr. ROTH. Mr. Chairman, I thank vert this money from the market pro- the concentration we find of this chem- my friends, for yielding time to me. motion program, because that is a pro- ical in milk, and it causes no problem Mr. Chairman, We should all be con- motion program that is helping our because it is already a naturally occur- cerned about milk safety and supply, dairy farmers. We already have enough ring hormone in a cow’s milk. and believe me, in Wisconsin, for exam- studies in BGH. We do not need any Our Nation’s milk supply is the very ple, and around the country we are. Ev- more. safest in the world. It is tasted over erything is stainless steel, as clean as b and over and over again before it can be. But that is not the issue here. 1630 reaches the consumer. Mr. Chairman, I The issue here, as I interpret this The CHAIRMAN. The gentleman oppose the gentleman’s amendment. amendment, is we are going to spend $1 from New Mexico [Mr. SKEEN] has 4 Mr. SANDERS. Mr. Chairman, I yield million to do another study. But we minutes and 15 seconds remaining, the 2 minutes to the distinguished gen- have already done so many studies. gentleman from Vermont [Mr. SAND- tleman from Wisconsin [Mr. OBEY]. Every study has shown that BGH is ERS] has 31⁄2 minutes remaining, and Mr. OBEY. Mr. Chairman, I will not safe. It has even been approved by the gentleman from Illinois [Mr. DUR- make any bones about it. I do not like FDA. BIN] has 4 minutes and 15 seconds re- BST. I do not like BGH. I think its ef- So what is the purpose of another $1 maining. fect on the economy and rural soci- million study? To take it out of our Mr. SANDERS. Mr. Chairman, I yield ology will be profound. But we do not market promotion program? If there is myself such time as I may consume. H 7324 CONGRESSIONAL RECORD — HOUSE July 20, 1995 My good friend from Wisconsin has found, the entire shipment is cast growth hormone. Let us get the dairy got it wrong, and my good friend from aside. herd of the United States off drugs. Illinois has got it wrong. So-called It is the safest milk supply in the The tests that we have currently to progress is not necessarily a good world. To suggest otherwise is unfortu- ensure the purity of milk in this coun- thing. It is the function of human nate. try do not account for the presence of beings to determine what is good and Mr. Chairman, I yield 1 minute to the these drugs, so people do not know what is not good. gentleman from Wisconsin [Mr. GUN- whether there is a problem with these Right now one of the reasons that DERSON]. drugs. We want that information, and family farmers all over this country (Mr. GUNDERSON asked and was that is what the Sanders amendment are being driven off of the land is the given permission to revise and extend will produce. prices that they are receiving are drop- his remarks.) Finally, the Europeans have rejected ping precipitously. The reason their Mr. GUNDERSON. Mr. Chairman, I the importation of American dairy prices are dropping is we have too rise in strong opposition to this amend- products into Europe. The European much milk. If we believe in the impor- ment for a number of reasons. First of Union has said no to American dairy tance of the family farm, and I know all, we have done the studies mandated products because they are fearful of the the people in Vermont do, I know the by this Congress in the past to deter- effects of this bovine growth hormone people in Wisconsin do, and I know the mine its effect before it was approved. on consumers in their countries. They people in America do, then we have a The reality is, it is here. We cannot have said that they cannot guarantee right to say, why are we using a syn- change that. We have got to go on from their safety. The British journal Lan- thetic hormone. And here is where my this point forward. cet and others have recently outlined friend from Illinois is wrong. All of the Second, what you are doing to fund a that very clearly. studies that I have seen suggest that study that has already been done by Let us pass this amendment. It is BST makes cows sicker and increases OTA is to take money from the foreign very important. the rate of mastitis. That is not, that ag service. The number one thing we Mr. DURBIN. Mr. Chairman, let me is an established fact by many studies. can do to help America’s dairy farmers say that the bovine growth hormone is When cows get sicker, farmers are is to do the export promotion after naturally occurring in milk now. It is obliged to use more antibiotics. GATT, after NAFTA, so that we can virtually impossible to differentiate Nobody here suggested that the milk get the market development. We are the synthetic growth hormone from that comes from those cows is not going to get our dairy farmers the that naturally occurring. It is in such unhealthy. What we are simply saying income we would like to through a gov- limited concentrations that it poses no is, what sense does it make when we al- ernment price support system as we health risk based on these 2,000 studies. ready have too much milk to be sup- balance the budget. That is not going Mr. Chairman, I yield the balance of porting a product which increases milk to happen. my time to the gentleman from Ver- production, which makes cows sicker, The only place we are going to get in- mont [Mr. SANDERS]. which drives family farmers off of the come for those dairy farmers is in- Mr. SANDERS. Mr. Chairman, I want land? creasing our exports, tightening up our to thank the gentleman for yielding Whether we can do anything about domestic supply. I want to point out to time to me. that or not, I do now know. But at the the gentleman, a year ago, just after Mr. Chairman, there are two main as- very least, we can do two things: BST was approved, the MW, the Min- pects to this issue. No. 1, in my view it No. 1, $1 million for a study so my nesota-Wisconsin price, was 11.25. is not inevitable that we continue to friend from Wisconsin will know what Today it is 11.42. The prices have not see a decline in family farms who in the impact of BST has been on his gone down because of BST. Vermont and throughout this country farmers. No. 2, a simple study devel- Mr. SANDERS. Mr. Chairman, I yield are the backbone of America. oped by the FDA so we can have a test 11⁄2 minutes to the gentleman from New It is important that this Congress to know whether the milk comes from York [Mr. HINCHEY]. stand up and fight as hard as we can to BST cows or does not. (Mr. HINCHEY asked and was given protect those extraordinarily hard- Mr. Chairman, I reserve the balance permission to revise and extend his re- working Americans who have given us of my time. marks.) so much. Mr. DURBIN. Mr. Chairman, I yield Mr. HINCHEY. Mr. Chairman, I am No. 2 is, as the gentleman from New myself 1 minute. very much in support of this amend- York [Mr. HINCHEY] pointed out, this is Mr. Chairman, a friend of mine who ment because I believe it will help us also a consumer issue. Without getting is a farmer in Jacksonville, IL, who has save the small family dairy farmer, and into a great debate, the time is not been in the business for a long time it will also promote health and safety now to do that, consumers do have a told me that when he started in the for dairy consumers across the coun- right to know whether the dairy prod- early 1950’s, after getting out of World try. ucts they are injecting come from cows War II, it took him up to an hour to It has been alleged that we ought to that were injected with bST or whether cultivate an acre of land. With today’s leave this to the marketplace, let con- they do not. equipment he can do it in a few min- sumers decide. The fact of the matter My friend from Illinois is not quite utes. He can also find out that his pro- is that consumers do not know. They right, because tests, if made available, duction on each acre has grown dra- do not know when they walk into the if developed, can tell us whether the matically because of the fertilizer and marketplace, to the supermarket milk comes from bST-injected cows or the herbicides and pesticides which we whether or not the cheese or the milk not. That is why we are providing fund- have developed. So now he is farming that they are buying comes from cows ing to develop that test. My friend acreage which used to be farmed by that have been injected with bovine from New York also pointed out that in many other farmers. That is the march growth hormone. We want them to find Europe they are concerned about the of science. out. We want to have it labeled, and we issue. They have placed a moratorium I would also say to my friend from want that study to produce the kind of on the use of bST. Vermont, please do not create the sug- information which will result in that So, from the point of view of saving gestion in anyone’s mind that there is labeling. the family farm, from the point of view anything suspicious about America’s This current project, this injection of of giving the consumer the right to milk supply. At the Prairie Farms this hormone is already costing family make a choice about the product he or Dairy in Carlinville, IL, I walked into farmers more than $200 million a year. she ingests, let us pass this amend- the sterile room with the stainless We want to get the dairy herds of the ment. It is terribly important. steel tanks and was told that that milk United States off of drugs. They are I thank the gentleman from Illinois is tested no fewer than four different now getting hooked on drugs. Bovine for yielding time to me. times before it reaches the consumer to growth hormone leads to the imposi- Mr. SKEEN. Mr. Chairman, I yield find any evidence of impurity or any tion of other drugs to alleviate the such time as he may consume to the evidence of antibiotic. If any of it is causes of the imposition of bovine gentleman from Michigan [Mr. SMITH]. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7325 (Mr. SMITH of Michigan asked and Mr. ROTH. Mr. Chairman, will the comes to food. Any time we have an was given permission to revise and ex- gentleman yield? issue related to food, it is easy to take tend his remarks.) Mr. WALSH. I yield to the gentleman it out and start fearmongering that Mr. SMITH of Michigan. Mr. Chair- from Wisconsin. particular product. Mr. Chairman, I man, as one of the few dairy farmers Mr. ROTH. Mr. Chairman, it is inter- think, with all due respect to the gen- that still is milking cows on my farm, esting that under this amendment, we tleman, we ought to concern ourselves I would like to put out a statement in would be labeling bST. That would give with understanding the effect of our the RECORD in opposition to this the Europeans just another reason to scientific improvements and not be amendment. discriminate against our products and afraid of them, because it has made The hormone bST occurs naturally in all keep them out. this country the best producer of milk. milk. The FDA determined that bST will nei- Mr. WALSH. Mr. Chairman, I urge The CHAIRMAN. All time has ex- ther adversely affect the health of cows, nor opposition to this amendment. pired. the individuals who consume the milk pro- Mr. SKEEN. Mr. Chairman, I yield The question is on the amendment duced from the these cows. This determina- myself the balance of my time. offered by the gentleman from Ver- tion was based on over 2,000 studies. Exten- The CHAIRMAN. The gentleman mont [Mr. SANDERS]. sive testing has been going on for the past 10 from New Mexico [Mr. SKEEN] is recog- The question was taken; and the years. Supplemental hormones, for example, nized for 2 minutes and 15 seconds. Chairman announced that the noes ap- estrogens treating women during menopause, Mr. SANDERS. Mr. Chairman, will peared to have it. have been used in humans for the past 20 the gentleman yield? RECORDED VOTE years. Mr. SKEEN. I yield to the gentleman The issue now is whether the Government Mr. SANDERS. Mr. Chairman, I de- from Vermont. mand a recorded vote. discourage biotechnologies which have been Mr. SANDERS. Mr. Chairman, it is proven safe. I believe that producers, not Gov- The CHAIRMAN. Pursuant to the absolutely untrue what the gentleman order of the House of Wednesday, July ernment bureaucracies, ought to make deci- from Wisconsin [Mr. ROTH] said. This sions involving the economics of their respec- 19, further proceedings on the amend- does not call for labeling on BST. ment offered by the gentleman from tive operations. Mr. SKEEN. Mr. Chairman, with all Vermont [Mr. SANDERS] will be post- Mr. SKEEN. Mr. Chairman, I yield 2 due respect to my friend, the gen- minutes to the gentleman from New poned. tleman from Vermont [Mr. SANDERS] Are there further amendments to York [Mr. WALSH]. and his concerns and so forth, but he is Mr. WALSH. Mr. Chairman, I rise in title I? barking up the wrong tree. He has al- opposition to the amendment. If not, the Clerk will designate title History is a marvelous teacher. This ready contradicted himself several II. argument that the future, the future of times in his statement. The text of title II is as follows: the family farm will be affected by this First of all, we have been doing the tests. They have been exhaustive. We TITLE II vote, I think, is somewhat in doubt. CONSERVATION PROGRAMS Several hundred years ago, there was a have gone over and over and over this OFFICE OF THE UNDER SECRETARY FOR group of individuals in England, I be- thing. lieve, referred to as the Luddites who There is nothing wrong with BST. It NATURAL RESOURCES AND ENVIRONMENT opposed the imposition, ‘‘imposition,’’ is a naturally occurring hormone in For necessary salaries and expenses of the of mechanization tractors on farmers. milk today. You cannot distinguish the Office of the Under Secretary for Natural Re- synthetic from the natural. It does not sources and Environment to administer the They went around hitting the tractors laws enacted by the Congress for the Forest with hammers. take family farmers off of the farm. It allows them to stay there because with Service and the Natural Resources Conserva- In the early 1970’s, I, as a Peace Corps tion Service, $677,000. volunteer, went to Asia to work as an fewer cows, they can produce the same NATURAL RESOURCES CONSERVATION SERVICE agriculture extension agent. India was amount of milk and the feed increment a net importer of grains and there was is a lot less. So it is also an economical CONSERVATION OPERATIONS a marvelous American scientist named concern as well. It helps small farmers For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 Norman Borlaug who developed the tri- compete because they do not have to increase herds to increase production. U.S.C. 590a–590f) including preparation of ple gene variety of wheat, it was a conservation plans and establishment of dwarf variety of wheat that They just use the hormone. measures to conserve soil and water (includ- outproduced the domestic varieties, The FDA and the World Health Orga- ing farm irrigation and land drainage and the native varieties by twofold without nization have confirmed that milk such special measures for soil and water fertilizer, merely by just changing the from these supplemented cows is safe management as may be necessary to prevent seed. By adding fertilizer, you could in- and that the level of BST is the same floods and the siltation of reservoirs and to crease yields by fourfold. The net re- as in any other milk, as I have said be- control agricultural related pollutants); op- sult is India now exports wheat and fore. FDA did not require labeling of eration of conservation plant materials cen- milk from supplemented cows because ters; classification and mapping of soil; dis- rice. semination of information; acquisition of Yes, we are losing family farms. New the milk is safe and the same in com- lands, water, and interests therein for use in York in the 1980’s lost 10 percent of its position as other milk. the plant materials program by donation, ex- farms per year. That was 10 years be- The following facts illustrate the change, or purchase at a nominal cost not to fore bST was licensed to be used in the high degree of practical difficulty in exceed $100 pursuant to the Act of August 3, United States. developing a test to distinguish rbST 1956 (7 U.S.C. 428a); purchase and erection or It is more of a function of high prop- in milk: alteration or improvement of permanent and erty taxes that is driving small family All milk contains bST. The level of temporary buildings; and operation and farms out of business. Too much Gov- bST is unchanged in milk from supple- maintenance of aircraft, $629,986,000, of mented cows. bST is present in milk which not less than $5,852,000 is for snow sur- ernment is the answer there. vey and water forecasting and not less than Mr. Chairman, we all have concerns only in extremely minute levels. rBST $8,875,000 is for operation and establishment about bST. The gentleman from Wis- and BST are biologically and function- of the plant materials centers: Provided, consin [Mr. GUNDERSON] explained ally indistinguishable. Four variants of That appropriations hereunder shall be quite clearly, as did the gentleman BST occurred naturally in all milk and available pursuant to 7 U.S.C. 2250 for con- from Wisconsin [Mr. ROTH]. We had 10 the four naturally occurring variants struction and improvement of buildings and years of testing in the laboratory be- in the Monsanto rbST all differ from public improvements at plant materials cen- fore it was even brought to the farm each other by only one or two amino ters, except that the cost of alterations and for field tests. acids. These amino acids are normal improvements to other buildings and other And once it was brought to the farm public improvements shall not exceed constituents of bST and milk. $250,000: Provided further, That when build- for field tests, the results were posi- b 1645 ings or other structures are erected on non- tive. There was some increase in masti- Federal land, that the right to use such land tis because the animals were milked Fearmongering is a wonderful prac- is obtained as provided in 7 U.S.C. 2250a: Pro- more. tice in this country today when it vided further, That this appropriation shall H 7326 CONGRESSIONAL RECORD — HOUSE July 20, 1995 be available for technical assistance and re- enhance the supply and quality of water grams provided for herein: Provided further, lated expenses to carry out programs author- available for use in the United States and That such assistance will not be used for car- ized by section 202(c) of title II of the Colo- the Republic of Mexico, to be used for the es- rying out measures and practices that are rado River Basin Salinity Control Act of tablishment of on-farm irrigation manage- primarily production-oriented or that have 1974, as amended (43 U.S.C. 1592(c)): Provided ment systems, including related lateral im- little or no conservation or pollution abate- further, That no part of this appropriation provement measures, for making cost-share ment benefits: Provided further, That not to may be expended for soil and water conserva- payments to agricultural landowners and op- exceed 5 percent of the allocation for the tion operations under the Act of April 27, erators, Indian tribes, irrigation districts current year’s program for any county may, 1935 (16 U.S.C. 590a–590f) in demonstration and associations, local governmental and on the recommendation of such county com- projects: Provided further, That this appro- nongovernmental entities, and other land- mittee and approval of the State committee, priation shall be available for employment owners to aid them in carrying out approved be withheld and allotted to the Natural Re- pursuant to the second sentence of section conservation practices as determined and sources Conservation Service for services of 706(a) of the Organic Act of 1944 (7 U.S.C. recommended by the Secretary, and for asso- its technicians in formulating and carrying 2225) and not to exceed $25,000 shall be avail- ciated costs of program planning, informa- out the agricultural conservation program in able for employment under 5 U.S.C. 3109: Pro- tion and education, and program monitoring the participating counties, and shall not be vided further, That qualified local engineers and evaluation, $36,000,000, to remain avail- utilized by the Natural Resources Conserva- may be temporarily employed at per diem able until expended (7 U.S.C. 2209, 16 U.S.C. tion Service for any purpose other than tech- rates to perform the technical planning work 590p(b)(7)): Provided, That this appropriation nical and other assistance in such counties, of the Service. shall be available for employment pursuant and in addition, on the recommendation of such county committee and approval of the WATERSHED AND FLOOD PREVENTION to the second sentence of section 706(a) of State committee, not to exceed 1 percent OPERATIONS the Organic Act of 1944 (7 U.S.C. 2225), and may be made available to any other Federal, For necessary expenses to carry out pre- not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. State, or local public agency for the same ventive measures, including but not limited purpose and under the same conditions: Pro- WETLANDS RESERVE PROGRAM to research, engineering operations, methods vided further, That not to exceed $11,000,000 of of cultivation, the growing of vegetation, re- (INCLUDING TRANSFERS OF FUNDS) the amount appropriated shall be used for habilitation of existing works and changes in For necessary expenses to carry out the water quality payments and practices in the use of land, and only high-priority projects wetlands reserve program pursuant to sub- same manner as permitted under the pro- authorized by the Flood Control Act (33 chapter C of subtitle D of title XII of the gram for water quality authorized in chapter U.S.C. 701, 16 U.S.C. 1006a), in accordance Food Security Act of 1985 (16 U.S.C. 3837), 2 of subtitle D of title XII of the Food Secu- with the Watershed Protection and Flood $210,000,000, to remain available until ex- rity Act of 1985, as amended (16 U.S.C. 3838 et Prevention Act approved August 4, 1954, as pended: Provided, That the Secretary is au- seq.). amended (16 U.S.C. 1001–1005, 1007–1009), the thorized to use the services, facilities, and CONSERVATION RESERVE PROGRAM provisions of the Act of April 27, 1935 (16 authorities of the Commodity Credit Cor- (INCLUDING TRANSFERS OF FUNDS) U.S.C. 590a–f), and in accordance with the poration for the purpose of carrying out the provisions of laws relating to the activities wetlands reserve program. For necessary expenses to carry out the conservation reserve program pursuant to of the Department, $100,000,000, to remain CONSOLIDATED FARM SERVICE AGENCY available until expended (7 U.S.C. 2209b): Pro- the Food Security Act of 1985 (16 U.S.C. 3831– AGRICULTURAL CONSERVATION PROGRAM vided, That this appropriation shall be avail- 3845), $1,781,785,000, to remain available until able for employment pursuant to the second (INCLUDING TRANSFERS OF FUNDS) expended, to be used for Commodity Credit sentence of section 706(a) of the Organic Act For necessary expenses to carry into effect Corporation expenditures for cost-share as- of 1944 (7 U.S.C. 2225), and not to exceed the program authorized in sections 7 to 15, sistance for the establishment of conserva- $200,000 shall be available for employment 16(a), 16(f), and 17 of the Soil Conservation tion practices provided for in approved con- under 5 U.S.C. 3109: Provided further, That not and Domestic Allotment Act approved Feb- servation reserve program contracts, for an- to exceed $1,000,000 of this appropriation is ruary 29, 1936, as amended and supplemented nual rental payments provided in such con- available to carry out the purposes of the (16 U.S.C. 590g–590o, 590p(a), 590p(f), and 590q), tracts, and for technical assistance. Endangered Species Act of 1973 (Public Law and sections 1001–1004, 1006–1008, and 1010 of The CHAIRMAN. Are there any 93–205), as amended, including cooperative ef- the Agricultural Act of 1970, as added by the amendments to title II? forts as contemplated by that Act to relo- Agriculture and Consumer Protection Act of If not, the Clerk will designate title cate endangered or threatened species to 1973 (16 U.S.C. 1501–1504, 1506–1508, and 1510), III. other suitable habitats as may be necessary and including not to exceed $15,000 for the The text of title III is as follows: to expedite project construction. preparation and display of exhibits, includ- TITLE III WATERSHED SURVEYS AND PLANNING ing such displays at State, interstate, and international fairs within the United States, RURAL ECONOMIC AND COMMUNITY For necessary expenses to conduct re- $75,000,000, to remain available until ex- DEVELOPMENT PROGRAMS search, investigation, and surveys of water- pended (16 U.S.C. 590o), for agreements, ex- OFFICE OF THE UNDER SECRETARY FOR RURAL sheds of rivers and other waterways, and for cluding administration but including tech- ECONOMIC AND COMMUNITY DEVELOPMENT small watershed investigations and planning, nical assistance and related expenses (16 For necessary salaries and expenses of the in accordance with the Watershed Protection U.S.C. 590o), except that no participant in Office of the Under Secretary for Rural Eco- and Flood Prevention Act approved August the agricultural conservation program shall nomic and Community Development to ad- 4, 1954, as amended (16 U.S.C. 1001–1009), receive more than $3,500 per year, except minister programs under the laws enacted by $14,000,000: Provided, That this appropriation where the participants from two or more the Congress for the Rural Housing and Com- shall be available for employment pursuant farms or ranches join to carry out approved munity Development Service, Rural Business to the second sentence of section 706(a) of practices designed to conserve or improve and Cooperative Development Service, and the Organic Act of 1944 (7 U.S.C. 2225), and the agricultural resources of the community, the Rural Utilities Service of the Depart- not to exceed $110,000 shall be available for or where a participant has a long-term ment of Agriculture, $568,000. employment under 5 U.S.C. 3109. agreement, in which case the total payment RURAL HOUSING AND COMMUNITY CONSERVATION PROGRAMS shall not exceed the annual payment limita- DEVELOPMENT SERVICE For necessary expenses, not otherwise pro- tion multiplied by the number of years of the SALARIES AND EXPENSES vided for, in planning and carrying out agreement: Provided, That no portion of the For necessary expenses of the Rural Hous- projects for resource conservation and devel- funds for the current year’s program may be ing and Community Development Service, opment and for sound land use pursuant to utilized to provide financial or technical as- including administering the programs au- the provisions of section 32(e) of title III of sistance for drainage on wetlands now des- thorized by the Consolidated Farm and Rural the Bankhead-Jones Farm Tenant Act, as ignated as Wetlands Types 3 (III) through 20 Development Act, as amended, title V of the amended (7 U.S.C. 1011; 76 Stat. 607), and the (XX) in United States Department of the In- Housing Act of 1949, as amended, and cooper- provisions of the Act of April 27, 1935 (16 terior, Fish and Wildlife Circular 39, Wet- ative agreements, $53,315,000: Provided, That U.S.C. 590a–f), and the provisions of the Agri- lands of the United States, 1956: Provided fur- this appropriation shall be available for em- culture and Food Act of 1981 (16 U.S.C. 3451– ther, That such amounts shall be available ployment pursuant to the second sentence of 3461), to carry out the program of forestry infor the purchase of seeds, fertilizers, lime, 706(a) of the Organic Act of 1944, and not to centives, as authorized in the Cooperative trees, or any other conservation materials, exceed $500,000 may be used for employment Forestry Assistance Act of 1978 (16 U.S.C. or any soil-terracing services, and making under 5 U.S.C. 3109. 2101), including technical assistance and re- grants thereof to agricultural producers to lated expenses, and for carrying out a vol- aid them in carrying out approved farming RURAL HOUSING INSURANCE FUND PROGRAM untary cooperative salinity control program practices as authorized by the Soil Conserva- ACCOUNT pursuant to section 202(c) of title II of the tion and Domestic Allotment Act, as amend- (INCLUDING TRANSFERS OF FUNDS) Colorado River Basin Salinity Control Act, ed, as determined and recommended by the For gross obligations for the principal as amended (43 U.S.C. 1592(c)), to be used to county committees, approved by the State amount of direct and guaranteed loans as au- reduce salinity in the Colorado River and to committees and the Secretary, under pro- thorized by title V of the Housing Act of July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7327 1949, as amended, to be available from funds shall be available for empowerment zones subsidize gross obligations for the principal in the rural housing insurance fund, as fol- and enterprise communities, as authorized amount of guaranteed loans of $500,000,000: lows: $2,200,000,000 for loans to section 502 by Public Law 103–66: Provided further, That Provided further, That of the amounts avail- borrowers, as determined by the Secretary, if such funds are not obligated for able for the cost of guaranteed loans includ- of which $1,700,000,000 shall be for empowerment zones and enterprise commu- ing the cost of modifying loans, $148,000, to unsubsidized guaranteed loans; $35,000,000 for nities by June 30, 1996, they remain available subsidize gross obligations for the loan prin- section 504 housing repair loans; $15,000,000 for other authorized purposes under this cipal, any part of which is guaranteed, not to for section 514 farm labor housing; head. exceed $10,842,000, shall be available for $150,000,000 for section 515 rental housing; In addition, for administrative expenses to empowerment zones and enterprise commu- $600,000 for site loans; and $35,000,000 for cred- carry out the direct and guaranteed loan nities, as authorized by Public Law 103–66: it sales of acquired property. programs, $8,836,000, of which $8,731,000 shall Provided further, That if such funds are not For the cost of direct and guaranteed be transferred to and merged with the appro- obligated for empowerment zones and enter- loans, including the cost of modifying loans, priation for ‘‘Salaries and Expenses’’. prise communities by June 30, 1996, they re- as defined in section 502 of the Congressional VERY LOW-INCOME HOUSING REPAIR GRANTS main available for other authorized activi- Budget Act of 1974, as follows: section 502 ties under this head. For grants to the very low-income elderly loans, $107,840,000, of which $2,890,000 shall be In addition, for administrative expenses to for essential repairs to dwellings pursuant to for unsubsidized guaranteed loans; section carry out the direct and guaranteed loan section 504 of the Housing Act of 1949, as 504 housing repair loans, $14,193,000; section programs, $14,868,000, of which $14,747,000 amended, $24,900,000, to remain available 514 farm labor housing, $8,629,000; section 515 shall be transferred to and merged with the until expended. rental housing, $82,035,000, provided the pro- appropriation for ‘‘Salaries and Expenses’’. RURAL HOUSING FOR DOMESTIC FARM LABOR gram is authorized for fiscal year 1996; and RURAL ECONOMIC DEVELOPMENT LOANS credit sales of acquired property, $6,100,000. For financial assistance to eligible non- PROGRAM ACCOUNT In addition, for administrative expenses profit organizations for housing for domestic necessary to carry out the direct and guar- farm labor, pursuant to section 516 of the (INCLUDING TRANSFERS OF FUNDS) anteed loan programs, $390,211,000, of which Housing Act of 1949, as amended (42 U.S.C. For the principal amount of direct loans, $377,074,000 shall be transferred to and 1486), $10,000,000, to remain available until as authorized under section 313 of the Rural merged with the appropriation for ‘‘Rural expended. Electrification Act, for the purpose of promoting rural economic development and job Housing and Community Development Serv- MUTUAL AND SELF-HELP HOUSING GRANTS ice, Salaries and Expenses’’. creation projects, $12,865,000. For grants and contracts pursuant to sec- RENTAL ASSISTANCE PROGRAM For the cost of direct loans, including the tion 523(b)(1)(A) of the Housing Act of 1949 (42 cost of modifying loans as defined in section For rental assistance agreements entered U.S.C. 1490c), $12,650,000, to remain available 502 of the Congressional Budget Act of 1974, into or renewed pursuant to the authority until expended (7 U.S.C. 2209b). $3,729,000. under section 521(a)(2) or agreements entered RURAL COMMUNITY FIRE PROTECTION GRANTS In addition, for administrative expenses into in lieu of forgiveness or payments for el- necessary to carry out the direct loan pro- igible households as authorized by section For grants pursuant to section 7 of the Co- gram, $584,000, which shall be transferred to 502(c)(5)(D) of the Housing Act of 1949, as operative Forestry Assistance Act of 1978 and merged with the appropriation for ‘‘Sal- amended, $535,900,000; and in addition such (Public Law 95–313), $1,000,000 to fund up to 50 aries and Expenses’’. sums as may be necessary, as authorized by percent of the cost of organizing, training, section 521(c) of the Act, to liquidate debt in- and equipping rural volunteer fire depart- ALTERNATIVE AGRICULTURAL RESEARCH AND curred prior to fiscal year 1992 to carry out ments. COMMERCIALIZATION REVOLVING FUND the rental assistance program under section COMPENSATION FOR CONSTRUCTION DEFECTS For necessary expenses to carry out the 521(a)(2) of the Act: Provided, That of this For compensation for construction defects Alternative Agricultural Research and Com- amount not more than $5,900,000 shall be as authorized by section 509(c) of the Hous- mercialization Act of 1990 (7 U.S.C. 5901– available for debt forgiveness or payments ing Act of 1949, as amended, $495,000, to re- 5908), $5,000,000 is appropriated to the alter- for eligible households as authorized by sec- main available until expended. native agricultural research and commer- tion 502(c)(5)(D) of the Act, and not to exceed RURAL HOUSING PRESERVATION GRANTS cialization revolving fund. $10,000 per project for advances to nonprofit For grants for rural housing preservation RURAL BUSINESS ENTERPRISE GRANTS organizations or public agencies to cover di- as authorized by section 552 of the Housing For grants authorized under section rect costs (other than purchase price) in- and Urban-Rural Recovery Act of 1983 (Pub- 310B(c) and 310B(j) (7 U.S.C. 1932) of the Con- curred in purchasing projects pursuant to lic Law 98–181), $11,000,000. solidated Farm and Rural Development Act section 502(c)(5)(C) of the Act: Provided fur- to any qualified public or private nonprofit ther, That agreements entered into or re- RURAL BUSINESS AND COOPERATIVE organization, $45,000,000, of which $8,381,000 newed during fiscal year 1996 shall be funded DEVELOPMENT SERVICE shall be available through June 30, 1996, for for a five-year period, although the life of SALARIES AND EXPENSES assistance to empowerment zones and enter- any such agreement may be extended to For necessary expenses of the Rural Busi- prise communities, as authorized by title fully utilize amounts obligated. ness and Cooperative Development Service, XIII of the Omnibus Budget Reconciliation SELF-HELP HOUSING LAND DEVELOPMENT FUND including administering the programs au- Act of 1993, after which any funds not obli- For the principal amount of direct loans, thorized by the Consolidated Farm and Rural gated shall remain available for other au- as authorized by section 523(b)(1)(B) of the Development Act, as amended; section 1323 thorized purposes under this head: Provided, Housing Act of 1949, as amended (42 U.S.C. of the Food Security Act of 1985; the Cooper- That $500,000 shall be available for grants to 1490c), $603,000. ative Marketing Act of 1926; for activities re- qualified nonprofit organizations to provide For the cost of direct loans, including the lating to the marketing aspects of coopera- technical assistance and training for rural cost of modifying loans, as defined in section tives, including economic research findings, communities needing improved passenger 502 of the Congressional Budget Act of 1974, as authorized by the Agricultural Marketing transportation systems or facilities in order $31,000. Act of 1946; for activities with institutions to promote economic development. concerning the development and operation of COMMUNITY FACILITY LOANS PROGRAM ACCOUNT RURAL TECHNOLOGY AND COOPERATIVE agricultural cooperatives; and cooperative DEVELOPMENT GRANTS (INCLUDING TRANSFERS OF FUNDS) agreements; $9,520,000: Provided, That this For the cost of direct loans, $34,880,000, and appropriation shall be available for employ- For grants pursuant to section 310(f) of the for the cost of guaranteed loans, $3,555,000, as ment pursuant to the second sentence of Consolidated Farm and Rural Development authorized by 7 U.S.C. 1928 and 86 Stat. 661– 706(a) of the Organic Act of 1944, and not ex- Act, as amended (7 U.S.C. 1932), $1,500,000. 664, as amended: Provided, That such costs, ceed $250,000 may be used for employment RURAL UTILITIES SERVICE including the cost of modifying such loans, under 5 U.S.C. 3109. RURAL ELECTRIFICATION AND TELEPHONE shall be as defined in section 502 of the Con- LOANS PROGRAM ACCOUNT gressional Budget Act of 1974: Provided fur- RURAL BUSINESS AND INDUSTRY LOANS ther, That such sums shall remain available PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) until expended for the disbursement of loans (INCLUDING TRANSFERS OF FUNDS) Insured loans pursuant to the authority of obligated in fiscal year 1996: Provided further, For the cost of guaranteed loans, $6,437,000, section 305 of the Rural Electrification Act That these funds are available to subsidize as authorized by 7 U.S.C. 1928 and 86 Stat. of 1936, as amended (7 U.S.C. 935), shall be gross obligations for the principal amount of 661–664, as amended: Provided, That such made as follows: 5 percent rural electrifica- direct loans not to exceed $200,000,000 and costs, including the cost of modifying such tion loans, $90,000,000; 5 percent rural tele- total loan principal, any part of which is to loans, shall be as defined in section 502 of the phone loans, $70,000,000; cost of money rural be guaranteed, not to exceed $75,000,000: Pro- Congressional Budget Act of 1974: Provided telephone loans, $300,000,000; municipal rate vided further, That of the amounts available further, That such sums shall remain avail- rural electric loans, $500,000,000; and loans for the cost of direct loans not to exceed able until expended for the disbursement of made pursuant to section 306 of that Act, $1,208,000, to subsidize gross obligations for loans obligated in fiscal year 1996: Provided $420,000,000, to remain available until ex- the principal amount not to exceed $6,930,000, further, That these funds are available to pended. H 7328 CONGRESSIONAL RECORD — HOUSE July 20, 1995 For the cost, as defined in section 502 of with ‘‘Rural Utilities Service, Salaries and Chenoweth Greenwood McKeon the Congressional Budget Act of 1974, includ- Expenses’’. Christensen Gunderson McKinney Chrysler Gutierrez McNulty ing the cost of modifying loans, of direct and SALARIES AND EXPENSES guaranteed loans authorized by the Rural Clay Gutknecht Meehan For necessary expenses of the Rural Utili- Clayton Hall (OH) Meek Electrification Act of 1936, as amended (7 ties Service, including administering the Clement Hall (TX) Menendez U.S.C. 935), as follows: cost of direct loans, programs authorized by the Rural Elec- Clinger Hamilton Metcalf $35,126,000; cost of municipal rate loans, trification Act of 1936, as amended, and the Clyburn Hancock Meyers $54,150,000; cost of money rural telephone Coble Hansen Mfume Consolidated Farm and Rural Development loans, $60,000; cost of loans guaranteed pursu- Coburn Harman Mica Act, as amended, $19,211,000, of which $7,000 ant to section 306, $2,520,000: Provided, That Coleman Hastert Miller (CA) shall be available for financial credit re- notwithstanding sections 305(c)(2) and Collins (GA) Hastings (FL) Miller (FL) ports: Provided, That this appropriation shall Collins (IL) Hastings (WA) Mineta 305(d)(2) of the Rural Electrification Act of be available for employment pursuant to the Combest Hayes Minge 1936, borrower interest rates may exceed 7 second sentence of 706(a) of the Organic Act Condit Hayworth Mink percent per year. Cooley Hefley Molinari In addition, for administrative expenses of 1944, and not to exceed $103,000 may be used for employment under 5 U.S.C. 3109. Costello Hefner Montgomery necessary to carry out the direct and guar- Cox Heineman Moorhead anteed loan programs, $29,982,000, which shall SEQUENTIAL VOTES POSTPONED IN COMMITTEE Coyne Herger Moran be transferred to and merged with the appro- OF THE WHOLE Cramer Hilleary Morella priation for ‘‘Salaries and Expenses’’. The CHAIRMAN. Pursuant to the Crane Hilliard Murtha Crapo Hinchey Myers RURAL TELEPHONE BANK PROGRAM ACCOUNT order of the House of Wednesday, July Cremeans Hobson Myrick The Rural Telephone Bank is hereby au- 19, proceedings will now resume on Cubin Hoekstra Nadler thorized to make such expenditures, within those amendments on which further Cunningham Hoke Neal the limits of funds available to such corpora- proceedings were postponed in the fol- Danner Holden Nethercutt tion in accord with law, and to make such Davis Horn Neumann lowing order: de la Garza Hostettler Ney contracts and commitments without regard The amendment offered by the gen- Deal Houghton Norwood to fiscal year limitations as provided by sec- tleman from New York [Mr. WALSH]; DeFazio Hoyer Nussle tion 104 of the Government Corporation Con- DeLauro Hunter Oberstar trol Act, as amended, as may be necessary in the amendment offered by the gen- DeLay Hutchinson Obey carrying out its authorized programs for the tleman from Colorado [Mr. ALLARD]; Dellums Hyde Olver current fiscal year. During fiscal year 1996 the amendment offered by the gen- Deutsch Inglis Ortiz Diaz-Balart Istook Orton and within the resources and authority tleman from Delaware [Mr. CASTLE]; available, gross obligations for the principal Dickey Jackson-Lee Owens and the amendment offered by the gen- Dicks Jacobs Oxley amount of direct loans shall be $175,000,000. tleman from Vermont [Mr. SANDERS]. Dingell Johnson (CT) Packard For the cost, as defined in section 502 of The Chair will reduce to 5 minutes Dixon Johnson (SD) Pallone the Congressional Budget Act of 1974, includ- Doggett Johnson, E. B. Parker ing the cost of modifying loans, of direct the time for any electronic vote after Dooley Johnson, Sam Pastor loans authorized by the Rural Electrification the first vote in this series. Doolittle Johnston Paxon Act of 1936, as amended (7 U.S.C. 935), AMENDMENT OFFERED BY MR. WALSH Dornan Jones Payne (NJ) Doyle Kanjorski Payne (VA) $770,000. The pending business is the demand In addition, for administrative expenses Dreier Kaptur Pelosi necessary to carry out the loan programs, for a recorded vote on the amendment Duncan Kasich Peterson (FL) offered by the gentleman from New Dunn Kelly Peterson (MN) $3,541,000. Durbin Kennedy (MA) Petri ALSH DISTANCE LEARNING AND MEDICAL LINK GRANTS York [Mr. W ] on which further Edwards Kennedy (RI) Pickett For necessary expenses to carry into effect proceedings were postponed and on Ehlers Kennelly Pombo the programs authorized in sections 2331–2335 which the ayes prevailed by voice vote. Ehrlich Kildee Pomeroy The Clerk will redesignate the Emerson Kim Porter of Public Law 101–624, $7,500,000, to remain Engel King Portman available until expended. amendment. English Kingston Poshard RURAL DEVELOPMENT PERFORMANCE The clerk redesignated the amend- Ensign Kleczka Pryce PARTNERSHIPS PROGRAM ment. Eshoo Klink Quillen Evans Klug Quinn (INCLUDING TRANSFERS OF FUNDS) The CHAIRMAN. A recorded vote has Everett Knollenberg Radanovich For the cost of direct loans, loan guaran- been demanded. Ewing Kolbe Rahall tees, and grants, as authorized by 7 U.S.C. A recorded vote was ordered. Farr LaFalce Ramstad 1926, 1928, and 1932, $435,000,000, to remain The Chairman. This first vote will be Fattah LaHood Rangel available until expended, to be available for Fawell Lantos Reed 15 minutes. Pursuant to the order of Fazio Largent Regula loans and grants for rural water and waste the House of Wednesday, July 19, the Fields (LA) Latham Richardson disposal and solid waste management grants: Chair announces that he will reduce to Fields (TX) LaTourette Riggs Provided, That the costs of direct loans and Filner Laughlin Rivers loan guarantees, including the cost of modi- a minimum of 5 minutes the period of Flake Lazio Roberts fying such loans, shall be as defined in sec- time within which a vote by electronic Flanagan Leach Roemer tion 502 of the Congressional Budget Act of device will be taken on each additional Foglietta Levin Rogers 1974: Provided further, That of the total amendment on which the Chair has Foley Lewis (GA) Rohrabacher Forbes Lewis (KY) Ros-Lehtinen amount appropriated, not to exceed $4,000,000 postponed further proceedings. Ford Lightfoot Rose shall be available for contracting with the The vote was taken by electronic de- Fowler Lincoln Roth National Rural Water Association or other vice, and there were—ayes 427, not vot- Fox Linder Roukema equally qualified national organization for a Frank (MA) Lipinski Roybal-Allard circuit rider program to provide technical ing 7, as follows: Franks (CT) Livingston Royce assistance for rural water systems: Provided [Roll No. 538] Franks (NJ) LoBiondo Rush further, That of the total amount appro- Frelinghuysen Lofgren Sabo AYES—427 Frisa Longley Salmon priated, not to exceed $18,700,000 shall be Abercrombie Becerra Brown (CA) Frost Lowey Sanders available for water and waste disposal sys- Ackerman Beilenson Brown (FL) Funderburk Lucas Sanford tems to benefit the Colonias along the Unit- Allard Bentsen Brown (OH) Furse Luther Sawyer ed States/Mexico border, including grants Andrews Bereuter Brownback Gallegly Maloney Saxton pursuant to section 306C: Provided further, Archer Berman Bryant (TN) Ganske Manton Scarborough That of the total amount appropriated, Armey Bevill Bryant (TX) Gejdenson Manzullo Schaefer $18,688,000 shall be for empowerment zones Bachus Bilbray Bunn Gekas Markey Schiff Baesler Bilirakis Bunning Gephardt Martinez Schroeder and enterprise communities, as authorized Baker (CA) Bishop Burr Geren Martini Schumer by Public Law 103–66: Provided further, That Baker (LA) Bliley Burton Gibbons Mascara Scott if such funds are not obligated for Baldacci Blute Buyer Gilchrest Matsui Seastrand empowerment zones and enterprise commu- Ballenger Boehlert Callahan Gillmor McCarthy Sensenbrenner nities by June 30, 1996, they shall remain Barcia Boehner Calvert Gilman McCollum Serrano available for other authorized purposes Barr Bonilla Camp Gonzalez McCrery Shadegg under this head. Barrett (NE) Bonior Canady Goodlatte McDade Shaw Barrett (WI) Bono Cardin Goodling McDermott Shays In addition, for administrative expenses Bartlett Borski Castle Gordon McHale Shuster necessary to carry out direct loans, loan Barton Boucher Chabot Goss McHugh Sisisky guarantees, and grants, $12,740,000, of which Bass Brewster Chambliss Graham McInnis Skaggs $12,623,000 shall be transferred and merged Bateman Browder Chapman Green McIntosh Skeen July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7329 Skelton Tejeda Waters Hobson McKeon Seastrand Rush Stenholm Wamp Slaughter Thomas Watt (NC) Hoekstra McNulty Sensenbrenner Sabo Stokes Ward Smith (MI) Thompson Watts (OK) Hoke Meehan Serrano Sanders Studds Waters Smith (NJ) Thornberry Waxman Horn Menendez Shadegg Sawyer Stupak Watt (NC) Smith (TX) Thornton Weldon (FL) Hostettler Metcalf Shaw Saxton Tanner Waxman Smith (WA) Thurman Weldon (PA) Hutchinson Meyers Shays Schiff Tauzin Whitfield Solomon Tiahrt Weller Inglis Mica Smith (MI) Schroeder Tejeda Wicker Souder Torkildsen White Istook Miller (FL) Smith (NJ) Scott Thompson Williams Spence Torres Shuster Thornton Whitfield Jacobs Molinari Smith (WA) Wilson Spratt Torricelli Sisisky Thurman Wicker Johnson (CT) Moorhead Solomon Wise Stark Towns Johnson, Sam Myrick Skaggs Towns Williams Souder Wolf Stearns Traficant Kasich Nethercutt Skeen Traficant Wilson Stearns Woolsey Stenholm Tucker Kelly Neumann Skelton Tucker Wise Stockman Upton Kennedy (RI) Norwood Stockman Slaughter Vela´ zquez Wyden Stokes Velazquez Wolf Kim Nussle Stump Smith (TX) Vento Wynn Studds Vento Woolsey King Owens Talent Spence Volkmer Yates Stump Visclosky Wyden Kleczka Oxley Tate Spratt Vucanovich Young (AK) Stupak Volkmer Wynn Klug Paxon Taylor (MS) Stark Walsh Talent Vucanovich Yates Knollenberg Pickett Taylor (NC) Tanner Waldholtz Young (AK) Kolbe Pombo Thomas NOT VOTING—6 Tate Walker Young (FL) LaHood Porter Thornberry Collins (MI) Jefferson Reynolds Tauzin Walsh Zeliff Largent Portman Tiahrt Cubin Moakley Torres Taylor (MS) Wamp Zimmer Latham Pryce Torkildsen Taylor (NC) Ward LaTourette Quinn Torricelli Messrs. TORRICELLI, NUSSLE, Laughlin Radanovich NOT VOTING—7 Upton TAYLOR of Washington, KLECZKA, Lazio Ramstad Visclosky GILMAN, FORBES, and FOLEY Lewis (KY) Reed Collins (MI) Lewis (CA) Reynolds Waldholtz changed their vote from ‘‘no’’ to ‘‘aye.’’ Conyers Moakley Lincoln Roberts Walker Lipinski Jefferson Mollohan Rohrabacher Watts (OK) So the amendment was rejected. LoBiondo Ros-Lehtinen Weldon (FL) The result of the vote was announced b Longley Roukema 1706 Weldon (PA) Lucas Royce as above recorded. Weller Messrs. BLILEY, HEFLEY, and Luther Salmon PERSONAL EXPLANATION GREENWOOD changed their vote from Manzullo Sanford White Young (FL) Mr. WAMP. Mr. Chairman, on rollcall ‘‘no’’ to ‘‘aye.’’ Martini Scarborough McCarthy Schaefer Zeliff 539, I meant to vote ‘‘yes’’ and I acci- So the amendment was agreed to. McInnis Schumer Zimmer dentally voted ‘‘no.’’ The result of the vote was announced AMENDMENT NO. 48 OFFERED BY MR. CASTLE as above recorded. NOES—232 The CHAIRMAN. The pending busi- AMENDMENT NO. 40 OFFERED BY MR. ALLARD Abercrombie Everett Lofgren Ackerman Farr Lowey ness is the demand for a recorded vote Mr. CHAIRMAN. The pending busi- Baesler Fattah Maloney on the amendment offered by the gen- ness is the demand for a recorded vote Baker (LA) Fazio Manton tleman from Delaware [Mr. CASTLE] on on the amendment offered by the gen- Baldacci Fields (LA) Markey Ballenger Filner Martinez which further proceedings were post- LLARD tleman from Colorado [Mr. A ] on Barcia Flake Mascara poned and on which the noes prevailed which further proceedings were post- Bateman Foglietta Matsui by voice vote. poned and on which the ayes prevailed Becerra Ford McCollum The Clerk will designate the amend- by voice vote. Beilenson Frank (MA) McCrery Berman Franks (CT) McDade ment. The Clerk will redesignate the Bevill Frost McDermott The Clerk redesignated the amend- amendment. Bilirakis Funderburk McHale ment. The Clerk redesignated the amend- Bishop Ganske McHugh ment. Bonilla Gejdenson McIntosh RECORDED VOTE Bonior Gephardt McKinney The CHAIRMAN. A recorded vote has Borski Geren Meek RECORDED VOTE been demanded. The CHAIRMAN. A recorded vote has Boucher Gibbons Mfume Brewster Gillmor Miller (CA) A recorded vote was ordered. been demanded. Browder Gonzalez Mineta The CHAIRMAN. This is a 5-minute Brown (CA) Goodling Minge A recorded vote was ordered. vote. The CHAIRMAN. This is a 5-minute Brown (FL) Gordon Mink Brown (OH) Greenwood Mollohan The vote was taken by electronic devote. Bryant (TX) Gunderson Montgomery vice, and there were—ayes 96, noes 332, The vote was taken by electronic de- Bunn Gutierrez Moran not voting 6, as follows: vice, and there were—ayes 196, noes 232, Callahan Hall (OH) Morella Canady Hall (TX) Murtha [Roll No. 540] not voting 6, as follows: Cardin Hamilton Myers AYES—96 [Roll No 539] Chapman Hastings (FL) Nadler Clay Hastings (WA) Neal Andrews Franks (NJ) Metcalf AYES—196 Clayton Hayes Ney Baker (LA) Frelinghuysen Meyers Allard Chabot Fawell Clement Hefner Oberstar Barr Frisa Mfume Andrews Chambliss Fields (TX) Clinger Hilliard Obey Bass Furse Miller (FL) Archer Chenoweth Flanagan Clyburn Hinchey Olver Bateman Gilchrest Molinari Armey Christensen Foley Coble Holden Ortiz Bentsen Gillmor Neal Bachus Chrysler Forbes Coleman Houghton Orton Blute Goss Olver Baker (CA) Coburn Fowler Collins (IL) Hoyer Packard Boehlert Harman Ortiz Barr Collins (GA) Fox Condit Hunter Pallone Boucher Hefley Orton Barrett (NE) Combest Franks (NJ) Conyers Hyde Parker Burton Hobson Owens Barrett (WI) Cooley Frelinghuysen Costello Jackson-Lee Pastor Canady Holden Oxley Bartlett Cox Frisa Coyne Johnson (SD) Payne (NJ) Castle Horn Barton Crane Furse Cramer Johnson, E. B. Payne (VA) Chrysler Houghton Pickett Bass Crapo Gallegly Cremeans Johnston Pelosi Clinger Hutchinson Porter Bentsen Cunningham Gekas Danner Jones Peterson (FL) Cooley Hyde Portman Bereuter Deal Gilchrest Davis Kanjorski Peterson (MN) Davis Inglis Quinn Bilbray Diaz-Balart Gilman de la Garza Kaptur Petri DeFazio Kelly Ramstad Bliley Dickey Goodlatte DeFazio Kennedy (MA) Pomeroy Dickey Kennedy (MA) Roukema Blute Doggett Goss DeLauro Kennelly Poshard Doggett Kim Sanders Boehlert Doolittle Graham DeLay Kildee Quillen Dooley King Saxton Boehner Dornan Green Dellums Kingston Rahall Duncan Kolbe Schumer Bono Doyle Gutknecht Deutsch Klink Rangel Dunn LaHood Shaw Brownback Dreier Hancock Dicks LaFalce Regula Edwards Latham Sisisky Bryant (TN) Duncan Hansen Dingell Lantos Richardson Ehlers Lazio Skelton Bunning Ehlers Harman Dixon Leach Riggs English Leach Smith (NJ) Burr Ehrlich Hastert Dooley Levin Rivers Ensign LoBiondo Smith (WA) Burton Ewing Emerson Hayworth Dunn Lewis (CA) Roemer Longley Stearns Buyer English Hefley Durbin Lewis (GA) Rogers Fawell Luther Stockman Calvert Ensign Heineman Edwards Lightfoot Rose Filner Martini Torkildsen Camp Eshoo Herger Engel Linder Roth Foley McCollum Castle Ewing Hilleary Evans Livingston Roybal-Allard Fox McHale H 7330 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Velazquez Wise Zeliff Studds Torres Watts (OK) Bryant (TN) Greenwood Moorhead Vento Wyden Zimmer Stump Torricelli Waxman Bryant (TX) Gunderson Morella Stupak Towns Weldon (FL) Bunn Gutknecht Murtha NOES—332 Talent Traficant Weller Bunning Hall (OH) Myers Tanner Tucker Burr Hall (TX) Myrick Abercrombie Fields (LA) McCarthy White Tate Upton Whitfield Burton Hamilton Neal Ackerman Fields (TX) McCrery Tauzin Visclosky Buyer Hancock Nethercutt Allard Flake McDade Wicker Taylor (MS) Volkmer Williams Callahan Hansen Neumann Archer Flanagan McDermott Taylor (NC) Vucanovich Wilson Camp Harman Ney Armey Foglietta McHugh Tejeda Waldholtz Canady Hastert Norwood Bachus Wolf Forbes McInnis Thomas Walker Cardin Hastings (FL) Nussle Baesler Ford McIntosh Woolsey Thompson Walsh Castle Hastings (WA) Ortiz Baker (CA) Fowler McKeon Wynn Thornberry Wamp Chabot Hayes Orton Baldacci Frank (MA) McKinney Yates Thornton Ward Chambliss Hayworth Oxley Ballenger Franks (CT) McNulty Young (AK) Thurman Waters Chapman Hefley Packard Barcia Frost Meehan Tiahrt Watt (NC) Young (FL) Chenoweth Hefner Parker Barrett (NE) Funderburk Meek Christensen Heineman Pastor Barrett (WI) Gallegly Menendez NOT VOTING—6 Chrysler Herger Paxon Bartlett Ganske Mica Collins (MI) Jefferson Reynolds Clay Hilleary Payne (NJ) Barton Gejdenson Miller (CA) Dicks Moakley Weldon (PA) Clayton Hilliard Payne (VA) Becerra Gekas Mineta Clement Hobson Peterson (MN) Beilenson Gephardt Minge b 1722 Bereuter Geren Mink Clinger Hoekstra Petri Berman Gibbons Mollohan Clyburn Hoke Pickett Mr. COLLINS of Georgia and Mr. Coble Holden Pombo Bevill Gilman Montgomery TEJEDA changed their vote from Bilbray Gonzalez Moorhead Coburn Horn Pomeroy Bilirakis Goodlatte Moran ‘‘aye’’ to ‘‘no.’’ Coleman Hostettler Porter Bishop Goodling Morella Mr. EDWARDS changed his vote Collins (GA) Houghton Portman Combest Hoyer Poshard Bliley Gordon Murtha from ‘‘no’’ to ‘‘aye.’’ Boehner Graham Myers Condit Hunter Pryce Bonilla Green Myrick So the amendment was rejected. Cooley Hutchinson Quillen Bonior Greenwood Nadler The result of the vote was announced Costello Hyde Quinn Bono Gunderson Nethercutt as above recorded. Cox Inglis Radanovich Borski Gutierrez Neumann Cramer Istook Ramstad Brewster Gutknecht Ney AMENDMENT NO. 71 OFFERED BY MR. SANDERS Crane Jackson-Lee Regula Browder Hall (OH) Norwood The CHAIRMAN. The pending busi- Crapo Jacobs Richardson Cremeans Johnson (CT) Riggs Brown (CA) Hall (TX) Nussle ness is the demand for a recorded vote Brown (FL) Hamilton Oberstar Cubin Johnson (SD) Roberts Brown (OH) Hancock Obey on the amendment offered by the gen- Cunningham Johnson, E. B. Roemer Brownback Hansen Packard tleman from Vermont [Mr. SANDERS] Danner Johnson, Sam Rogers Bryant (TN) Hastert Pallone on which further proceedings were Davis Johnston Rohrabacher Bryant (TX) Hastings (FL) Parker de la Garza Jones Ros-Lehtinen Bunn Hastings (WA) Pastor postponed and on which the noes pre- Deal Kanjorski Rose Bunning Hayes Paxon vailed by voice vote. DeLauro Kasich Roth Burr Hayworth Payne (NJ) The Clerk will redesignate the DeLay Kelly Roukema Buyer Hefner Payne (VA) Deutsch Kildee Royce Callahan Heineman Pelosi amendment. Diaz-Balart Kim Rush Calvert Herger Peterson (FL) The Clerk redesignated the amend- Dickey King Salmon Camp Hilleary Peterson (MN) ment. Dicks Kingston Sanford Cardin Hilliard Petri Dingell Klink Sawyer Chabot Hinchey Pombo RECORDED VOTE Dixon Klug Saxton Chambliss Hoekstra Pomeroy The CHAIRMAN. A recorded vote has Doggett Knollenberg Scarborough Chapman Hoke Poshard been demanded. Dooley Kolbe Schaefer Chenoweth Hostettler Pryce Doolittle LaFalce Schiff Christensen Hoyer Quillen A recorded vote was ordered. Dornan LaHood Schroeder Clay Hunter Radanovich The vote was taken by electronic de- Dreier Lantos Seastrand Clayton Istook Rahall vice, and there were—ayes 70, noes 357, Dunn Largent Shadegg Clement Jackson-Lee Rangel not voting 7, as follows: Durbin Latham Shaw Clyburn Jacobs Reed Edwards LaTourette Shuster Coble Johnson (CT) Regula [Roll No. 541] Ehlers Laughlin Sisisky Coburn Johnson (SD) Richardson AYES—70 Ehrlich Lazio Skaggs Coleman Johnson, E. B. Riggs Emerson Leach Skeen Collins (GA) Johnson, Sam Rivers Abercrombie Hinchey Pelosi English Lewis (CA) Skelton Collins (IL) Johnston Roberts Ackerman Kaptur Peterson (FL) Ensign Lewis (KY) Slaughter Combest Jones Roemer Andrews Kennedy (MA) Rahall Everett Lightfoot Smith (MI) Condit Kanjorski Rogers Barrett (WI) Kennedy (RI) Rangel Ewing Lincoln Smith (NJ) Conyers Kaptur Rohrabacher Becerra Kennelly Reed Farr Linder Smith (TX) Costello Kasich Ros-Lehtinen Beilenson Kleczka Rivers Fawell Livingston Smith (WA) Cox Kennedy (RI) Rose Brown (OH) Levin Roybal-Allard Fazio LoBiondo Solomon Coyne Kennelly Roth Collins (IL) Lewis (GA) Sabo Fields (TX) Longley Souder Conyers Lipinski Cramer Kildee Roybal-Allard Sanders Flanagan Lowey Spence Coyne Lofgren Crane Kingston Royce Schumer Foglietta Lucas Spratt DeFazio Maloney Crapo Kleczka Rush Scott Foley Luther Stark Cremeans Klink Sabo Dellums Manton Forbes Manzullo Stearns Sensenbrenner Cubin Klug Salmon Doyle Markey Ford Martinez Stenholm Serrano Cunningham Knollenberg Sanford Duncan McNulty Fowler Martini Stockman Danner LaFalce Sawyer Engel Meehan Shays Fox Mascara Stokes de la Garza Lantos Scarborough Eshoo Menendez Stupak Frank (MA) Matsui Studds Deal Largent Schaefer Evans Mfume Torkildsen Franks (CT) McCarthy Stump DeLauro LaTourette Schiff Fattah Mink Torricelli Franks (NJ) McCollum Talent DeLay Laughlin Schroeder Fields (LA) Moran Tucker Frisa McCrery Tanner Dellums Levin Scott Filner Nadler Velazquez Frost McDade Tate Deutsch Lewis (CA) Seastrand Flake Oberstar Vento Funderburk McDermott Tauzin Diaz-Balart Lewis (GA) Sensenbrenner Frelinghuysen Obey Woolsey Gallegly McHale Taylor (MS) Dingell Lewis (KY) Serrano Furse Olver Wyden Ganske McHugh Taylor (NC) Dixon Lightfoot Shadegg Gutierrez Pallone Gejdenson McInnis Tejeda Doolittle Lincoln Shays Gekas McIntosh Thomas Dornan Linder Shuster NOES—357 Gephardt McKeon Thompson Doyle Lipinski Skaggs Allard Barton Boehlert Geren McKinney Thornberry Dreier Livingston Skeen Archer Bass Boehner Gibbons Meek Thornton Durbin Lofgren Slaughter Armey Bateman Bonilla Gilchrest Metcalf Thurman Ehrlich Lowey Smith (MI) Bachus Bentsen Bonior Gillmor Meyers Tiahrt Emerson Lucas Smith (TX) Baesler Bereuter Bono Gilman Mica Torres Engel Maloney Solomon Baker (CA) Berman Borski Gonzalez Miller (CA) Towns Eshoo Manton Souder Baker (LA) Bevill Boucher Goodlatte Miller (FL) Traficant Evans Manzullo Spence Baldacci Bilbray Brewster Goodling Mineta Upton Everett Markey Spratt Barcia Bilirakis Browder Gordon Minge Visclosky Farr Martinez Stark Barr Bishop Brown (CA) Goss Molinari Volkmer Fattah Mascara Stenholm Barrett (NE) Bliley Brown (FL) Graham Mollohan Vucanovich Fazio Matsui Stokes Bartlett Blute Brownback Green Montgomery Waldholtz July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7331 Walker Weldon (FL) Wise I would ask, with the chairman’s in- amounts, and it is our intention that Walsh Weldon (PA) Wolf Wamp Weller Wynn dulgence, to include Lake Springfield the reduction that would accrue from Ward White Yates to share equally in any final conference not having to do that work be taken Waters Whitfield Young (AK) report that appropriates funds to re- from the administrative side and pro- Watt (NC) Wicker Young (FL) duce atrazine in the State of Illinois. vided for the technical assistance to Watts (OK) Williams Zeliff Waxman Wilson Zimmer Mr. SKEEN. Mr. Chairman, will the the empowerment zone. gentleman yield? NOT VOTING—7 Mr. Chairman, the empowerment Mr. LAHOOD. I yield to the gen- zones and enterprise community are Ballenger Jefferson Reynolds tleman from New Mexico. Calvert Moakley the poorest of the poor. The nominated Collins (MI) Owens Mr. SKEEN. Mr. Chairman, the gen- areas have to be less than 30,000, must tleman is correct, and I would be happy have an unemployment below the pov- b 1731 to work with the gentleman from Illi- erty line, over 35 percent. They must Mr. FOLEY, Mr. RADANOVICH, and nois when we get to conference on this have pervasive poverty and unemploy- Ms. MCKINNEY changed their vote bill to ensure that his request is ad- ment. And with all of the good inten- from ‘‘aye’’ to ‘‘no.’’ dressed. tions that these programs were dedi- Mrs. MINK of Hawaii, Ms. PELOSI, Mr. LAHOOD. I would also like to ac- cated to last year, I think that it Mr. LEWIS of Georgia, and Mr. OLVER knowledge my friend, the gentleman would be in our own best interests to changed their vote from ‘‘no’’ to ‘‘aye.’’ from Illinois [Mr. DURBIN], the ranking establish them, establish confidence in So the amendment was rejected. member, who fully supports this effort the community, get them to working The result of the vote was announced and has lent his support to it. I thank as above recorded. together, matching funds and all of the him. I know the residents of Spring- work that has been done basically by PERSONAL EXPLANATION field, both the 20th and the 18th dis- the poor themselves, and I think it Mr. BALLENGER. Mr. Chairman, on tricts, appreciate our mutual efforts. would be appropriate. rollcall vote No. 541, I was detained. Mr. DURBIN. Mr. Chairman, will the Had I been present, I would have voted I do not think that we do any damage gentleman yield? to the area where we are transferring ‘‘no.’’ Mr. LAHOOD. I yield to the gen- from, and it is not our intention to do tleman from Illinois. b 1730 any damage, but I think, and hope- Mr. DURBIN. Let me add my voice in Mr. LAHOOD. Mr. Chairman, I move fully, that novel and innovative ways support of the effort of the gentleman to strike the last word. could be found between now and final from Illinois [Mr. LAHOOD] here. He Mr. Chairman, I would like to engage passage. We will leave that to the dis- represents the watershed which serves the distinguished chairman of the tinguished Members, the chairman, and Lake Springfield, which is in my dis- House Agriculture Appropriations Sub- ranking member and their staff. committee in a colloquy. trict, and we have a common concern, because we both represent that city Mr. Chairman, thank you for the op- Mr. Chairman, it is my understand- portunity to explain my amendment. It ing that the bill, H.R. 1976, provides and many residents who rely on that water supply. I think his suggestion is would restore $4,322,000 in budget au- funding for the treatment and reduc- thority for the Rural Development tion of atrazine in three lakes in Illi- a very valid one. I will do my best in conference to work with the gentleman Loan Fund Program account to con- nois. tinue direct loans to the three Rural Mr. Chairman, knowing of your com- from New Mexico [Mr. SKEEN] to implement it. Empowerment Zones and 30 Rural En- mitment and the commitment of the terprise Communities established last AMENDMENT OFFERED BY MR. DE LA GARZA distinguished ranking member, the year. This will support a loan amount gentleman from Illinois [Mr. DURBIN], Mr. DE LA GARZA. Mr. Chairman, I of $7.2 million, the same level as was to the environment and your concern offer an amendment. contained in the version of H.R. 1976 re- The CHAIRMAN. The Clerk will des- for human safety, I want to let you ported out by the Appropriations Com- ignate the amendment. know that Lake Springfield, which is mittee. in my district and also in the district The text of the amendment is as fol- The Empowerment Initiative involv- of the gentleman from Illinois [Mr. lows: ing these areas will help them to help DURBIN], is experiencing the same prob- Amendment offered by Mr. DE LA GARZA: themselves by providing Federal loans lems as the other three Illinois lakes. AMENDMENT NO. 50: On page 41, line 3, and grants that will be matched with Lake Springfield is the drinking water strike out ‘‘$390,211,000, of which $377,074,000’’ State assistance and other source for the city of Springfield, the and insert ‘‘$385,889,000, of which $372,897,506’’; and nonmonetary assistance such as tar- capital city of Illinois. Lake Spring- On page 46 after line 7 insert the following geted tax credits and technical assist- field has experienced the floodwaters paragraph: ance from a variety of Federal, State, and constant rain that fell throughout ‘‘RURAL DEVELOPMENT LOAN FUND PROGRAM and local agencies. the Midwest this year. Consequently, ACCOUNT Mr. Chairman, the localities involved this forced the city to spend an addi- ‘‘For the cost of direct loans as authorized tional $200,000 for water treatment. in this initiative are some of the most by the rural development loan fund (42 impoverished rural areas in the United For instance, the atrazine levels in U.S.C. 9812(a)) for empowerment zones and Lake Springfield reached a high of 25 enterprise communities, as authorized by States. Each zone or community se- parts per million during the high water title XIII of the Omnibus Budget Reconcili- lected to participate in this effort put levels in the spring. ation Act of 1993, $4,322,000, to subsidize gross together a long-range detailed plan for Mr. Chairman, I have some articles obligations for the principal amount of di- utilizing the funds and technical assist- that I am including in the RECORD de- rect loans, $7,246,000.’’. ance that will be provided to them. The tailing the severity of the problem in Mr. DE LA GARZA. Mr. Chairman, loans that go out under the Rural De- Lake Springfield. this amendment will restore $4,332,000 velopment Loan Fund are among the The atrazine level in Springfield was in budget authority for the rural devel- most effective in creating jobs in rural a subject of a comical parody of the top opment loan fund program to continue America. The lending history of the 10 good things about having atrazine in direct loans to rural empowerment RDLF program shows an average job our water, to name a few, makes zones and 30 rural enterprise commu- creation of 25–30 jobs for every $110,000 Lipton iced tea more brisk, restaurants nities established last year. loaned out. This combination provides will now ask, ‘‘Atrazine or no We know, and we sympathize with the potential for a tremendous return atrazine?’’ And finally, smoke detector, the problems of the appropriators, but on the Federal Government’s invest- carbon monoxide detector or, now I get I think that we have found a way to re- ment in areas in desperate need of eco- an atrazine detector. store these funds, Mr. Chairman, by re- nomic activity. Mr. Chairman, I commend you and ducing the amount given to the admin- My amendment as drafted would pay the committee for proactively assist- istrative function of the rural housing, for the restoration of the ing central Illinois in dealing with this because the loans on rural housing Empowerment Zones/Enterprise Com- problem. have all been reduced by substantial munities funding through a decrease in H 7332 CONGRESSIONAL RECORD — HOUSE July 20, 1995 the appropriation available for the ad- on the 502 housing program, and I I think the gentleman from Alabama ministrative expenses of the Rural think that has been most healthy be- [Mr. CALLAHAN] has done us a service of Housing and Community Development cause a lot of people know about this finding a way where we can begin the Service. I will work with my colleague, in the House that did not know about process. Mr. SKEEN, and the Department to find this wonderful program that exists Let me speak to the need of it. I alternative sources should they indi- here in our country for people who think we need not underestimate be- cate that a cut in this agency would need financing capabilities who cannot cause we have this compromise work- hinder its ability to effectively deliver get it because of low income. ing. There is need to push for more, as the programs under its jurisdiction. We have such a program here in this the gentleman from Alabama [Mr. CAL- Mr. Chairman, I urge the support of great country of ours, this 502 program. LAHAN] said, in terms of the numbers. my colleagues for the amendment. Firemen and policemen and other hard- Already in my State there are 21⁄2 Mr. SKEEN. Mr. Chairman, will the working people for the first time in years’ worth of applications at the gentleman yield? their lives have an opportunity to have level at which we were funded last Mr. DE LA GARZA. I yield to the gen- the financing capability of a nice home time, $1.4 billion. So now that we are tleman from New Mexico. at a reasonable cost, and let me tell moving back, can you understand Mr. SKEEN. I want to say to my very you, it is a working program, one of where we moved to $500 million, and good friend from the great State of the finest programs that this country now we are raising this to $50 million, Texas and distinguished ranking mem- knows, and I think that all of us now, that we are cutting back essentially all ber and former chairman of the Com- through all of this debate, finally rec- of the opportunity for 3 and 4 years. mittee on Agriculture, and, by the ognize how important it is. My plea to you is to recognize what way, my chairman when I was a mem- We do have a dilemma, though, in we are doing in destabilizing these ber on the Committee on Agriculture. I this appropriation process, and let me communities. Having an investment in will never forget your advice, ‘‘Don’t tell you, both the gentleman from Illi- your first home not only is an invest- overtalk an issue, and if you see me nois [Mr. DURBIN] and our colleague, ment for the families and their chil- run that gavel handle across my the gentleman from New Mexico [Mr. dren but it is an investment in the throat, it means sit down.’’ Well, you SKEEN], have helped us tremendously community. It is a tax base. It is really do not have the gavel, so I can go on. as have their staffs, trying to find an having a piece of the American pie. opportunity to insert some more The gentleman from Texas [Mr. DE LA I would urge both sides of the House, money, but there is just no capability GARZA] has offered an amendment to if, as the gentleman from Alabama [Mr. here. restore $4.3 million for empowerment CALLAHAN] has indicated, if in the con- But we are optimistic that there will zones and enterprise communities ference we could find more money, we be a capability, as we flow through the under the Rural Development Loan would encourage you to do that be- process and get into conference com- Fund program account. Funds for this cause this is just such a small oppor- mittee with the Senate, and they have tunity. But I do urge that we support program were eliminated as part of the pledged to me that they are going to do this because it means that at least this en bloc amendment, because in order to even more to make certain that this Congress recognizes that 502 has been a make the necessary additional savings program receives the necessary money very effective program. It is a program from discretionary spending, we elimi- that it needs. nated all funding for this account. We have 130,000 people whose applica- that not only serves families well but The gentleman’s amendment appears tions have been approved who are wait- also serves our communities well. to be budget neutral because it takes a ing in the fiscal year starting October b 1745 like amount from the administrative 1, hoping to get their first home. We Mr. DURBIN. Mr. Chairman, I move expenses of the Rural Housing and are not going to be able to provide this Community Development Service. I to strike the last word. service of all of them, but this is going Mr. Chairman, I stand in strong sup- say to my good friend from Texas, the to be a good start, and with the co- committee knows about the impor- port of the Callahan-Clayton amend- operation of the gentleman from Illi- ment. This 502 program is critically tance of the empowerment zones and nois [Mr. DURBIN] and the gentleman important to lower-income working enterprise communities and has funds from New Mexico [Mr. SKEEN], we have families and smalltown America. The for them in three other accounts in come up with opportunities to add an- gentleman from Alabama is right. this title. other $10 million as displayed in my There are people waiting in line for a However, each of these accounts has amendment, which will create a capa- piece of the American dream. We have different objectives, and so I will be bility of another $50 million in lending got to not only add the money that was happy to accept the gentleman’s capability. amendment and thank him for his in- So I appreciate the staff of the com- suggested, but keep looking for more. I terest and strong support for rural mittee working with me to find this re- will be working with the gentleman America. source. I am hopeful that we will finds from New Mexico [Mr. SKEEN] to ac- Mr. DE LA GARZA. I thank the distin- more moneys, more resources, but I ap- complish that, and I thank my col- guished chairman. preciate the spirit of working coopera- league for his leadership as well as the The CHAIRMAN. The question is on tion that I have received from the gen- gentlewoman from North Carolina. the amendment offered by the gentleman from New Mexico [Mr. SKEEN] Mr. SKEEN. Mr. Chairman, I move to tleman from Texas [Mr. DE LA GARZA]. and the gentleman from Illinois [Mr. strike the last word. Mr. Chairman, this amendment, I The amendment was agreed to. DURBIN], as well as the gentlewoman think, demonstrates very clearly the AMENDMENT OFFERED BY MR. CALLAHAN from North Carolina [Mrs. CLAYTON], difficulty that we were in and we have Mr. CALLAHAN. Mr. Chairman, I who has worked hard at this on her been in. To make additional cuts in the offer an amendment. own. discretionary program, an increase of The Clerk read as follows: Mrs. CLAYTON. Mr. Chairman, I move to strike the last word. $50 million in the loan level for section Amendment offered by Mr. CALLAHAN: Mr. Chairman, I join my colleague in 502 direct loans, requires more than $10 Page 40, line 10, strike ‘‘$2,200,000,000: and in- million of subsidy, and this amendment sert ‘‘$2,250,000,000’’. support of this amendment. I tell you, Page 40, line 20, strike ‘‘$107,840,000’’ and I do it reluctantly, but I do it very would take that money from the sala- insert ‘‘$118,335,000’’. proudly because I know he is moving in ries and expense accounts of the Rural Page 39, line 24, strike ‘‘$53,315,000’’ and in- the right direction. Housing and Community Development sert ‘‘$42,820,000’’. Obviously, I would have my amend- Service. In 1996 that account will be Mr. CALLAHAN. Mr. Chairman, this ment that would have restored it up to used for, among other things, the clos- afternoon and last night and all the level, or at least yesterday I wanting and restructuring of USDA field of- through this debate and all through ed it restored up to the level we had it fices, and that reorganization plan will the debate in the Committee on Agri- originally. Today I tried to restore it save many millions of dollars in the culture as well as the Committee on up to $1 billion and found I could not long run. I know how important the 502 Appropriations, we focused an awful lot sustain a point of order. housing program is to many Members, July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7333 and it is important, as well, to me, and report language pertaining to the Unit- it back to the $220 million which is cur- I will agree to this amendment. If we ed States importation of Mexican avo- rently. I understand I am going to have can do better for the 502 in the con- cados. They fear that it could continue a point of order, so it may not indeed ference, we will certainly be trying to current restrictions on United States be allowed, but let me share this with do exactly that. imports of Mexican avocados, and we my colleagues. The CHAIRMAN. The question is on will have the unintended consequences This is a program that 2 years ago the amendment offered by the gen- of diminished access to Mexico for our had $540 million, and it was cut last tleman from Alabama [Mr. CALLAHAN]. products. year to $220 million, and it was several The amendment was agreed to. In Washington State the apple indus- of us who worked on that to retain the AMENDMENT OFFERED BY MR. WATT OF NORTH try expects to suffer a 50-percent reduc- $220 million for 515. CAROLINA tion in exports to Mexico this year due Why is this important? Mr. Chair- Mr. WATT of North Carolina. Mr. to a costly onsite inspection program man, this is the only housing available Chairman, I offer an amendment. mandated by Mexico. Washington cher- to rural America at very low rates. The CHAIRMAN. The Clerk will des- ry exports to Mexico were also halted 4 Rental housing is very scarce to find. ignate the amendment. years ago in response to alleged pest In fact, adequate housing period is very The text of the amendment is as fol- concerns. Representatives of the tree scarce to find in rural areas, and to lows: fruit industry have told me that these conceive of not having this little re- Amendment offered by Mr. WATT of North actions were in response to United source to advocate for the poorest of Carolina: States restrictions on Mexican avoca- the poor seems to me is unfounded, and Amentment No. 46: Page 40, line 16, before dos. it has moved in the wrong direction, the period insert the following: The language in the report states and the $70 million would only bring it ‘‘: Provided, That notwithstanding section that in order to modify the current re- up to the $220 million which is the cur- 520 of the Housing Act of 1949, the Secretary strictions on Mexican avocados this rent area. of Agriculture may make loans under section I would like to think that we could 502 of such Act of properties in the Pine View product must be scientifically viewed, adequately safeguarded with enough perfect this, that we would not have to West Subdivision, located in Gibsonville, have a point of order. I ask the gen- North Carolina, in the same manner as pro- time provided for public comment. vided under such section for properties in Mr. Chairman, does this mean that, if tleman from New Mexico [Mr. SKEEN] if rural areas’’. adequate pest risk assessment is con- he could help us out on that, help me Mr. WATT of North Carolina. Mr. cluded, if APHIS, the Animal and Plant understand. Is there a possibility that Chairman, this provision would permit Health Inspection Service, has certified we can perfect this without having a the subdivision in my congressional that adequate safeguards have been point of order? Mr. SKEEN. Mr. Chairman, will the district, known as Pineview West sub- taken and that industry has been af- gentlewoman yield? division, to be eligible once again for forded adequate comment period as Mrs. CLAYTON. I yield to the gen- financing for the 502 program which spelled out in the proposed APHIS rule tleman from New Mexico. was just discussed in the prior amend- announced earlier this month, that the Mr. SKEEN. I understand the gentle- ment. This was an eligible rural area as United States importation of fresh avo- woman, and I have gained a great deal of the 1980 census. As a result of the cado fruit grown in Mexico will go for- of respect and fondness for her, but I 1990 census this still-rural area became ward? have to tell my colleagues this. I must a part of the standard metropolitan Mr. SKEEN. Mr. Chairman, will the make a point of order against it, the statistical area, and so it lost its des- gentleman yield? amendment, because it is in violation ignation as a rural area that would Mr. HASTINGS of Washington. I of section 302(f) of the Congressional qualify under the 502 program. yield to the gentleman from New Mex- Budget Act, as amended, and the Com- Last year in the 103d Congress I of- ico. mittee on Appropriations filed a sub- fered this amendment which was adopt- Mr. SKEEN. Mr. Chairman, my re- committee allocation for fiscal year ed by the House Banking Committee in sponse is ‘‘yes.’’ 1996 on July 20, 1995, House Report 104– Mr. HASTINGS of Washington. Mr. the housing reauthorization bill, and 197. the housing reauthorization bill of Chairman, I know that our fruit indus- Mr. Chairman, this amendment course passed the House last time but try producers in central Washington would provide new budget authority in was not acted on by the Senate. will be very relieved to know that they excess of the subcommittee allocation. This would not add any additional will not be the target of inappropriate It is not permitted under section 302(f) money. It would simply allow this one retaliation by the Mexican Govern- of the act. However, Mr. Chairman, I subdivision to compete along with ment due to the overly stringent Unit- ask that the amendment be ruled out other rural areas for 502 funds, and I ed States restrictions on avocados. of order, but I want to tell the gentle- ask the support of my colleagues. AMENDMENT OFFERED BY MRS. CLAYTON woman I want to work with her on her Mr. DURBIN. Mr. Chairman, I move Mrs. CLAYTON. Mr. Chairman, I problem. to strike the last word. offer an amendment. Mrs. CLAYTON. Could we get a com- Mr. Chairman, I stand in support of The CHAIRMAN. The Clerk will des- mitment that we try to find money if this amendment. I think it is a reason- ignate the amendment. it is possible during the conference? able request by the gentleman, I think The text of the amendment is as fol- Mr. SKEEN. The gentlewoman has it has been reviewed by the majority as lows: that commitment from me, and I ap- well, and I hope that we can pass this Amendment offered by Mrs. CLAYTON: preciate her forbearance. This breaches with a voice vote very quickly. Amendment No. 34: Page 40, line 10, insert our 602(b) allocation by $10,819,000 by Mr. SKEEN. Mr. Chairman, I move to ‘‘(less $70,000,000) before ‘‘for loans’’. the way. strike the requisite number of words. Page 40, line 11, insert ‘‘(less $70,000,000) be- Mrs. CLAYTON. Mr. Chairman, I ask Mr. Chairman, we were reluctant to fore ‘‘shall’’. unanimous consent to withdraw my accept it, but we know of no real objec- Page 40 line 14, strike ‘‘$150,000,000’’ and insert ‘‘$220,000,000’’. amendment. tion to it, so we accept it. Page 40, line 20, insert ‘‘(less $119,000)’’ be- The CHAIRMAN. Is there objection The CHAIRMAN. The question is on fore ‘‘, of which’’. to the request of the gentlewoman the amendment offered by the gen- Page 40, line 20, insert ‘‘(less $119,000)’’ be- from North Carolina? tleman from North Carolina [Mr. fore ‘‘shall be for’’. There was no objection. WATT]. Page 40, line 23, strike ‘‘$82,035,000’’ and in- The CHAIRMAN. The amendment of- The amendment was agreed to. sert ‘‘$92,973,000’’. fered by the gentlewoman from North Mr. HASTINGS of Washington. Mr. Mr. SKEEN. Mr. Chairman, I reserve Carolina [Mrs. CLAYTON] is withdrawn. Chairman, I move to strike the last a point of order against the amend- AMENDMENT OFFERED BY MR. BEREUTER word for the purposes of a colloquy. ment. Mr. BEREUTER. Mr. Chairman, I Mr. Chairman, a number of fruit pro- Mrs. CLAYTON. Mr. Chairman, this offer an amendment. ducers in my central Washington dis- amendment would increase the level of The CHAIRMAN. The clerk will des- trict have expressed concern about the 515 by an amount of $70 million raising ignate the amendment. H 7334 CONGRESSIONAL RECORD — HOUSE July 20, 1995 The text of the amendment is as fol- Chairman’s, Mr. SKEEN’s, staff, and rental multifamily loan guarantee demonstra- lows: this Member understands that he is tion program. This type of loan guarantee will Amendment No. 31: Page 40, after line 25, supportive. This Member greatly appre- leverage private-sector resources in order to insert the following: ciates that support, and asks that the provide and expand affordable rental housing In addition, for the cost (as defined in sec- amendment be accepted. opportunities. This provision is not new; during tion 502 of the Congressional Budget Act of Mrs. CLAYTON. Mr. Chairman, will the 103d Congress, the House passed a simi- 1974) of guaranteed loans under a demonstration program of loan guarantees for multi- the gentleman yield? lar provision in the housing authorization billÐ family rental housing in rural areas, Mr. BEREUTER. I yield to the gen- H.R. 3838, The Housing and Community De- $1,000,000, to be derived from the amount tlewoman from North Carolina. velopment Act of 1994, which was not enacted made available under this heading for the Mrs. CLAYTON. Mr. Chairman, I ask into law. During this Congress, the Housing cost of low-income section 515 loans and to the gentleman to help me understand and Community Opportunity Subcommittee, of become available for obligation only upon how this would work with the current which I serve as chairman, has reported out the enactment of authorizing legislation. 515 program. This is at a slightly high- legislation in H.R. 1691 that will authorize a Mr. BEREUTER. Mr. Chairman, the er income level, and it is a guaranteed sec. 515 multifamily loan guarantee program amendment that this Member is offer- loan. to be operated by the Rural Housing and ing is virtually identical to a provision Mr. BEREUTER. It is a supple- Community Development Service. During this included in last year’s Agriculture ap- mentary program to the 515 program period of severe budget constraints, this type propriations measure. which is a direct loan program, and it of demonstration provides Government an op- This Member has taken a strong in- would be for those people whose income portunity to form partnerships with the private terest in rural housing programs, and is 80 percent to 115 percent median area and nonprofit sector to provide and expand af- has been successful in efforts in the income, just as the 502 loan guarantee fordable housing in rural areas. I urge support Banking Committee to authorize new, program, which is now 2 years old, of this amendment. more cost-effective approaches to rural serves this category, economic cat- The CHAIRMAN. The question is on housing development. One such initia- egory, above the 80 percent by meeting the amendment offered by the gen- tive, which the distinguished chairman income level. tleman from Nebraska [Mr. BEREUTER]. of the subcommittee, Mr. SKEEN, and Mrs. CLAYTON. So it is identical to The amendment was agreed to. the distinguished ranking Member, Mr. the 502 unsubsidized guarantee for the AMENDMENTS OFFERED BY MR. OWENS DURBIN, have helped to make a reality, same income level. Mr. OWENS. Mr. Chairman, I offer was the highly successful Section 502 Mr. BEREUTER. It is almost iden- two amendments which were printed in Middle Income Loan Guarantee Pro- tical, but that is of course a single- the RECORD as amendment No. 22, and gram. This Member is pleased that this family program, and this would be for I ask unanimous consent that these measure contains $1.5 billion in guar- five units or more multifamily unit amendments be considered en bloc. antee authority for that program. Now, construction. The CHAIRMAN. The Clerk will des- this Member is seeking support to help Mrs. CLAYTON. I support strongly ignate the amendments. make a new multifamily loan guaran- 515. Obviously I support 515 for reasons The text of the amendments is as fol- tee program a reality. that it serves the very poor, but I also lows: In the 103d Congress this Member in- supported 502 because it serves both Amendments offered by Mr. OWENS: troduced legislation to create a new the very poor as well as those not so Page 49, line 20, strike ‘‘RURAL TELE- multifamily loan guarantee program. poor who do not qualify for loans that PHONE BANK PROGRAM ACCOUNT’’ and That legislation would create a dem- all that follows through line 12 on page 50. are not guaranteed. So I want to join Page 70, strike lines 12 through 14. onstration for a new Federal loan guar- the gentleman in support. antee program for the construction of Mr. BEREUTER. Mr. Chairman, I ap- The CHAIRMAN. Is there objection multifamily rental housing units. That preciate the distinguished gentle- to the request of the gentleman from legislation passed the House in the 103d woman from North Carolina’s support, New York? Congress as part of H.R. 3838, the Hous- Mr. SKEEN. Mr. Chairman, I object. and I know how important her interest Mr. OWENS. The gentleman objects ing and Community Development Act is, and successful, in housing. to what; the amendment being offered of 1994, passed July 22, 1994. Because Mr. SKEEN. Mr. Chairman, will the en bloc? H.R. 3838 died when the Senate failed gentleman yield? Mr. SKEEN. To the amendment being to act on it in the last hours of the 103d Mr. BEREUTER. I yield to the gen- offered en bloc. Congress, this Member reintroduced tleman from New Mexico. The CHAIRMAN. Objection is heard. the legislation, which was passed by Mr. SKEEN. Mr. Chairman, I think AMENDMENT OFFERED BY MR. OWENS the Housing Subcommittee as part of this is a great idea, and we hope the Mr. OWENS. Mr. Chairman, I offer an H.R. 1691, and is now awaiting further gentleman can get his authorization amendment. action by the full House. through. We will accept the amend- The Clerk read as follows: Also, with bipartisan support on the ment. Amendment offered by Mr. OWENS: Page 49, Appropriations Committee, we were Mr. BEREUTER. Mr. Chairman, I ap- line 20, strike ‘‘RURAL TELEPHONE BANK successful in including $1 million fund- preciate that. PROGRAM ACCOUNT’’ and all that follows ing for this program in the Department Mr. DURBIN. Mr. Chairman, will the through line 12 on page 50. of Agriculture appropriation for fiscal gentleman yield? 1995, making it possible to finance ap- Mr. BEREUTER. I yield to the gen- b 1800 proximately $25 million in guarantees, tleman from Illinois who has been so Mr. OWENS. Mr. Chairman, this contingent upon the authorization of crucial in helping me with the 502 loan amendment is a continuation of the ef- the demonstration program. Unfortu- guarantee program. fort to get truth in budget balancing nately, because the Senate never Mr. DURBIN. Mr. Chairman, the gen- and to have it be made clear to the passed an authorization bill, that $1 tleman from Nebraska [Mr. BEREUTER] American people, have it on the record, million was never used. As this Mem- has really shown us some leadership. that we are continuing to rob the cities ber fully expects that the demonstra- This is an innovative approach to pro- and the people of the cities in order to tion program will gain an authoriza- viding housing with limited exposure take care of the programs and the in- tion this year, this Member is offering for Federal taxpayers and maximum stitutions that support rural America. this amendment to H.R. 1976 to allow $1 investment in good housing for people I have nothing against giving all the million of the credit subsidy allocation living in rural areas. We were glad to possible support to farmers and institu- to be used to fund the new multifamily support him last year. I am sorry the tions that serve farmers and rural loan guarantee program, contingent authorization did not go through, and I America, but why are we robbing the upon that authorization. This amend- am happy to support him again this cities? Why are we taking away a pro- ment is similar to the final language year. gram for summer employment for adopted in the 103d Congress. This Mr. LAZIO of New York. I rise in support of youth? 600 young people will not be em- Member’s staff has discussed this this amendment, offered by Mr. Bereuter, that ployed because the Committee on Ap- amendment with the distinguished will appropriate one million dollars for a rural propriations is going to strike that July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7335 program, cut it to zero. We are cutting limits on the other subsidized pro- million. The cost of the loan subsidy is away job training programs for youth, grams across the country? We have very modest, $770,000, which is also the job training programs for adults. We farm subsidy programs not being dis- same as 1995. Administrative expenses are drastically cutting title I pro- cussed here, $20,000, $30,000 going to a are $3.5 million, which is $5.2 million grams, almost $1 billion for poor youth. family. It has been happening for the less than fiscal year 1995. When it comes to this bill, we con- last 30 years, but nobody is talking Finally, Mr. Chairman, there is sim- tinue old institutions that have been about ending it. ply no need for this amendment. By draining the taxpayers for some time, This amendment will strike the leg- law, the Rural Telephone Bank must even though they promised they would islative language and move on to have privatize, and our bill provides for that have a limited life and go out of exist- the privatization take place. I think it process to begin in fiscal year 1996. ence. is very important that we support this Mr. Chairman, I strongly oppose this Here is an example of one of those amendment, which is consistent with amendment, and ask my colleagues to situations. Suddenly silence has de- all we have been preaching. It would oppose it as well. scended on the House in terms of chal- assure this promise is kept and the pri- Mr. DURBIN. Mr. Chairman, I move lenging some of these programs, but I vatization proceeds on course. to strike the last word. think it is very important to get on the It should also be noted that this is Mr. Chairman, I would like to take record exactly what is going on with one of those rare issues on which Presi- exception to my friend from New York, respect to the robbing of the cities in dent Reagan and President Clinton who suggested that somehow there is a order to take care of defunct and obso- agree. President Reagan tried to pri- war on cities and the rural areas have lete rural institutions. vatize the Rural Bank in 1981 and was been exempted. This bill is a perfect This amendment would strike legis- rebuffed. He was told it was too soon example of a bill which is balanced in lative language in H.R. 1976 which and we should wait until 1995 to pri- what it tries to do for the entire Na- blocks the pending privatization of the vatize. 1995 is now here, and President tion. Rural Telephone Bank and would de- Clinton wants to follow the lead of It is true it serves rural areas and ag- lete the more than $3.5 million in ap- President Reagan. riculture, which is important to all of propriations provided for the operation No more studying, stalling, no more us, regardless of where we live. But it of the bank. The Rural Telephone Bank excuses. Let us keep the promise and is also a fact that a major portion of was created in 1971 to provide an addi- scrape this barnacle off the hull of the the spending in this bill literally goes tional source of credit for rural tele- Federal Government. We do not want into the gentleman’s home city, as it phone companies which did not qualify the taxpayers to be burdened with this does in mine, and all across the Nation, for subsidized direct loans and loan any longer than they have to. Let us for programs like the food stamp pro- guarantees available from the Depart- privatize the Rural Telephone Bank. I gram, child nutrition program, special ment of Agriculture. urge a yes vote on this amendment. milk program, the WIC Program, feed- At the time, taxpayers were promised Mr. SKEEN. Mr. Chairman, I rise in ing for the elderly, and so many others that the RTB would be a time limited opposition to the amendment. that are important. venture, comparable to the Federal Mr. Chairman, the Rural Telephone In the area of nutrition, this bill lit- land banks. We were assured that the Bank was created by Congress in 1971 erally serves the Nation. It is not a bill initial Federal capital outlay would be as a supplemental source of financing directed to rural areas. There are spe- repaid by eventual privatization of the for the rural telephone program, and cific programs that are directed to bank. Privatization. The other side is nothing is more essential to rural rural areas, and the gentleman address- fond of privatization when it comes to America than good telecommuni- es one, the Rural Telephone Bank. programs that are serving people in the cations systems. I ought to know. I am I think we all concede and the com- cities. Why don’t we have privatization probably the last Member of Congress mittee report language says explicitly here for this program? to ever have a phone after I became a we are moving toward privatization of The bank’s enabling legislation di- Member of Congress, and I appreciate this bank, and I think it should be rected that this privatization would the effort of this particular program, done. But we have to do it in an or- begin on September 30, 1995, this year. and appreciate it very much, because it derly way. What is at stake here is The Clinton administration has been allows families to live where they telephone service in areas of very preparing to carry out the bank’s pri- work, and particularly in rural coun- sparse population, where in fact many vatization and has not requested any try. of the large telephone companies have additional funding to support the bank, Nothing is more essential than good decided they do not want to build their but H.R. 1976 derails those plans. It telecommunications systems for basic subsidiaries. We have over the years blocks privatization and it provides a telephone services for individuals, com- created telephone cooperatives and new infusion of tax dollars to keep it munication systems that can attract others to deal with that service, much running as a Federal entity. We are manufacturing and service companies as we did in delivering electricity to going to continue a government pro- to create jobs. You do not have to have those areas. gram which is slated to be a private a headquarters company in the United None of us want to jeopardize that. program. States now because we have the kind of These are good, hard working people. Yes, I want to remind my colleagues telecommunications that allows you to We want to modernize it, we want to that this is in addition to the loan sub- locate your headquarters anywhere you privatize it. I think the gentleman sidies that were provided already by want it and put your warehouses some- from New York is on the right track, the USDA’s rural utility service. In where else and your printing some- but I think to do it precipitously with doing this, the Committee on Appro- where else, and that is a boon to rural this amendment eliminating it may priations insists it supports privatiza- communities, to educational and medi- cause unintended consequences. tion. It just wants more time to study cal programs that give rural schools, Mr. OWENS. Mr. Chairman, will the the issue. Frankly, Mr. Chairman, I and health care centers access to data gentleman yield? think 25 years is long enough to study bases in urban areas. Mr. DURBIN. I yield to the gen- the issue. The Rural Telephone Bank is an im- tleman from New York. This privatization of the Rural Tele- portant part of this particular picture, Mr. OWENS. Mr. Chairman, will the phone Bank is not coming out of the Mr. Chairman. Almost every State in gentleman tell me what date will be an blue. It was mandated 25 years ago. the union has districts which need acceptable date for the final privatiza- This was a promise that Congress made rural communications service. I have tion? We are past the deadline. to the taxpayers in 1971. If we tell peo- already pointed out that we have had Mr. DURBIN. Mr. Chairman, reclaim- ple on welfare two years is enough, you to freeze or cut many of the accounts ing my time, the administration has have to get off, five years is enough, that provide services to rural areas, made the proposal to privatize, and we you have to get off, tell people in pub- and this account is among them. are still waiting for their suggestions. lic housing, two years is enough, you The loan level remains at the same The authorizing and appropriating have to get out, why don’t we set some loan level as fiscal year 1995, at $175 committees are waiting for specific H 7336 CONGRESSIONAL RECORD — HOUSE July 20, 1995 language. I wish I could tell you when many rural telephone companies would privatizing. I am in favor of that would be forthcoming. not have access to the money to bor- privatizing. I am interpreting this Mr. OWENS. Would you estimate row from. It would cause utter chaos in amendment as to how it would affect September 1996 instead of 1995? Can you the communications system out in our our rural areas, not only my own State make an estimate of how long it is rural areas. It is really not commensu- but every State of the Union. It is going to take? It has been 25 years. rate with the food stamp program. going to hurt not only telephone serv- Mr. DURBIN. President Clinton does We will privatize. We will get there ice, but hurt those areas in expanding not take all my calls directly, but I from here. I would just urge the gen- their economy for jobs, because if you would be happy to join the gentleman tleman to allow us to do this work do not have good telephone service, in perhaps a party line call that the under the bill that we would like to do, good communication service, espe- two of us could make on maybe even a and I will be happy to work with the cially in the high-technology world we rural telephone program and get in gentleman in regard to food stamps. are moving into, you are never going to touch with him to find out. Mr. OWENS. If the gentleman will have industry locate in those rural Mr. OWENS. Could the gentleman yield further, I am happy to hear that areas. That is precisely what we are tell us what percentage the food stamp the Committee on Appropriations is trying to do, so as to entice industry to program has been cut? committed to the privatization of the those areas. Mr. DURBIN. The cuts for the food program with all deliberate speed. I b stamp program? I would have to look hope that speed is not too deliberate. 1815 at it to be sure here, but it looks like Mr. ROTH. Mr. Chairman, I move to Mr. OWENS. Mr. Chairman, will the in the fiscal year that we are presently strike the requisite number of words. gentleman be offering the same agree- in it was $25.1 billion, and that in the Mr. Chairman, I just want to briefly ment next year? The logic will still be next fiscal year it will be $25.9 billion. talk about this particular amendment. there. You are saying we should never So there is an increase, if I am not mis- As I look at this amendment, what this privatize again? taken, in the food stamp program ex- amendment will do is eliminate $4.3 Mr. ROTH. Mr. Chairman, I am just penses. million in appropriations for the Rural saying what this amendment is going Mr. OWENS. You are saying it has Telephone Bank Program, and, second, to do to your rural areas. not been cut at all? it strikes a provision barring any of Mr. SKEEN. Mr. Chairman, I move to Mr. DURBIN. No, there are no cuts. the bill’s funds from being used to re- strike the requisite number of words. Mr. OWENS. With inflation as a fac- tire more than 5 percent of the Bank’s I would ask the gentleman a ques- tor, there are no cuts? Class A stock. tion, if I might. I appreciate his con- Mr. DURBIN. It looks like it is an in- I am really concerned about the im- cern. crease of about $770 million over last pact of this amendment on areas in our Would the gentleman take the word year. country where we have small independ- of this chairman and the chairman of Mr. OWENS. The proposal to block- ent telephone companies, States like the House Committee on Agriculture grant the food stamp program has been Wisconsin. I cannot think of a State that we will get something done in this dropped? that is not impacted by this amend- area and give it every consideration? Mr. DURBIN. Let me tell the gen- ment. Would the gentleman withdraw his tleman, it is not part of this bill. It is Now, in this Congress we have been amendment? my understanding we do not have any told a lot and talked a lot, we hear a Mr. OWENS. Mr. Chairman, will the proposal in here relative to block lot about competition in the commu- gentleman yield? grant. The gentleman and I share an nications industry. In fact, we are in a Mr. SKEEN. I yield to the gentleman opinion on block granting. The bill ad- major bill here this fall on this particu- from New York. dresses the program as it currently ex- lar issue. But this program has fostered Mr. OWENS. Mr. Chairman, would ists. competition. This program has fostered the gentleman repeat that? Do I have Mr. OWENS. The food stamp program competition by providing a source of the chairman’s word? is now an entitlement. It will no longer capital to these small companies. The Mr. SKEEN. The Subcommittee on be an entitlement once it is block effect of the gentleman’s amendment Agriculture, Rural Development, Food granted, and there are proposals to would be to terminate this program, and Drug Administration, and Related block grant it, so areas like mine will which will lead to less competition. Let Agencies, myself, the gentleman from have to take a huge cut if they depend me say that again, less competition, Kansas, [Mr. ROBERTS] of the full on the States to continue after it and poorer service. House Committee on Agriculture, that reaches the levels it is funded at the So I am asking and request that we will work with the gentleman on Federal level. Members, especially from rural dis- this particular issue. We would appre- Mr. DURBIN. The gentleman and I tricts, look at this amendment, be- ciate very much the gentleman with- share the same view on this. I hope cause it is going to hurt service. But it drawing his amendment at this time. what you just described does not occur. is going to do more than that, because Because I do not think it gets the gen- This bill does not do that. This bill if you do not have a good telephone tleman where he wants to go. But we does not fund the program anticipating service you are never going to have in- want to help the gentleman if he is in- that will happen. dustry that produces jobs in those terested in privatization. We would Mr. ROBERTS. Mr. Chairman, will areas, and we need jobs in these rural like to work with the gentleman. the gentleman yield? areas. So this is not only going to Mr. OWENS. Mr. Chairman, can I in- Mr. DURBIN. I yield to the gen- harm our telephone and associated terpret that the gentleman will be will- tleman from Kansas. services, but it is going to harm the ing to set a date for privatization? Mr. ROBERTS. Mr. Chairman, I economies in these rural areas. Mr. SKEEN. Absolutely, set a date share the concern in reference to the So I ask my colleagues to oppose the any time. food stamp program. This appropria- amendment for those reasons. Mr. OWENS. Mr. Chairman, I appre- tions bill actually increases that. It Mr. OWENS. Mr. Chairman, will the ciate the gentleman’s pledge. was this gentleman on the Committee gentleman yield? Mr. Chairman, I ask unanimous con- on Agriculture that made a very deter- Mr. ROTH. I yield to the gentleman sent to withdraw my amendment. mined effort simply not to block grant from New York. The CHAIRMAN. Is there objection the food stamp program. Mr. OWENS. Is the gentleman saying to the request of the gentleman from I would say what has already been he is opposed to privatization of the New York? said by my colleague from New Mexico Telephone Bank? He never wants to There was no objection. and the distinguished gentleman from privatize it? He wants it to remain as The CHAIRMAN. Are there further Illinois, this bill allows us to privatize. it is forever, so the Federal Govern- amendments to title III? We are going to do that. The OMB ment will subsidize it for anything? If not, the Clerk will designate title wanted to do it immediately. We would Mr. ROTH. Mr. Chairman, reclaiming IV. end up here with a situation where my time, I never said anything about The text of title IV is as follows: July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7337 TITLE IV U.S.C. 612c(note)), section 204(a) of the Emer- While we have always funded WIC in DOMESTIC FOOD PROGRAMS gency Food Assistance Act of 1983, as amend- our annual appropriation bills at a speed, and section 110 of the Hunger Prevention OFFICE OF THE UNDER SECRETARY FOR FOOD cific level, we have never capped the Act of 1988, $168,000,000, to remain available number of people who may qualify. By NUTRITION AND CONSUMER SERVICES through September 30, 1977: Provided, That For necessary salaries and expenses of the none of these funds shall be available to re- striking the cap, our amendment al- Office of the Under Secretary for Food, Nu- imburse the Commodity Credit Corporation lows for greater flexibility at the local trition and Consumer Services to administer for commodities donated to the program: level. It encourages the WIC directors the laws enacted by the Congress for the Provided further, That none of the funds in to find the most cost-efficient ways to Food and Consumer Service, $440,000. this Act or any other Act may be used for run the program in order to serve the FOOD AND CONSUMER SERVICE demonstration projects in the emergency most people. CHILD NUTRITION PROGRAMS food assistance program. The Hall-Roukema amendment has (INCLUDING TRANSFERS OF FUNDS) FOOD DONATIONS PROGRAMS FOR SELECTED been scored by the Congressional Budg- For necessary expenses to carry out the GROUPS et Office and is budget neutral. It will National School Lunch Act (42 U.S.C. 1751– For necessary expenses to carry out sec- not change the level of WIC funding in 1769b), and the applicable provisions other tion 4(a) of the Agriculture and Consumer this bill. than section 17 of the Child Nutrition Act of Protection Act of 1973 (7 U.S.C. 612c (note)), Mr. Chairman, of all of the domestic 1966 (42 U.S.C. 1772–1785, and 1789); section 4(b) of the Food Stamp Act (7 U.S.C. hunger programs in America, few are 2013(b)), and section 311 of the Older Ameri- $7,952,424,000, to remain available through as efficient, effective and respected as September 30, 1997, of which $2,354,566,000 is cans Act of 1965, as amended (42 U.S.C. 3030a), $215,000,000, to remain available through Sep- the WIC program. By promoting breast hereby appropriated and $5,597,858,000 shall feeding and providing nutrition supple- be derived by transfer from funds available tember 30, 1997. under section 32 of the Act of August 24, 1935 FOOD PROGRAM ADMINISTRATION ments and food prescriptions to quali- (7 U.S.C. 612c): Provided, That up to $3,964,000 For necessary administrative expenses of fied participants, WIC serves a critical shall be available for independent verifica- the domestic food programs funded under need for America’s most vulnerable tion of school food service claims: Provided this Act, $108,323,000, of which $5,000,000 shall people, low-income mothers, infants further, That $1,900,000 shall be available to be available only for simplifying procedures, and children. provide financial and other assistance to op- reducing overhead costs, tightening regula- WIC also provides access to maternal, erate the Food Service Management Insti- tions, improving food stamp coupon han- prenatal, pediatric health care services tute. dling, and assistance in the prevention, iden- for this targeted high-risk population. Notwithstanding any other provision of tification, and prosecution of fraud and other It is a short-term intervention program law, no funds other than provided in this Act violations of law: Provided, That this appro- designed to influence lifetime nutrition may be available for nutrition education and priation shall be available for employment training and the Food Service Management pursuant to the second sentence of section and health behaviors. Institute. 706(a) of the Organic Act of 1944 (7 U.S.C. Five Wall Street CEOs called WIC in SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 2225), and not to exceed $150,000 shall be written testimony the health care FOR available for employment under 5 U.S.C. equivalent of a AAA-rated investment. 3109. WOMEN, INFANTS, AND CHILDREN (WIC) The WIC program reduces infant mor- AMENDMENT OFFERED BY MR. HALL OF OHIO tality and low birth weight. The GAO (INCLUDING TRANSFERS OF FUNDS) Mr. HALL of Ohio. Mr. Chairman, I says that for every dollar spent on For necessary expenses to carry out the WIC, America realizes a $3.50 saving in special supplemental nutrition program as offer an amendment. authorized by section 17 of the Child Nutri- The CHAIRMAN. The Clerk will des- health care cost. tion Act of 1966 (42 U.S.C. 1786), $3,729,807,000, ignate the amendment. WIC fights hunger among our poor, to remain available through September 30, The text of the amendment is as fol- but it is also a good investment. It will 1997: Provided, That for fiscal year 1996, lows: prevent spending money down the road. $20,000,000 that would otherwise be available Amendment offered by Mr. HALL of Ohio: Mr. Chairman, I am also concerned to States for nutrition services and adminis- Page 53, line 24, strike the colon and all that that the cap on participation will cre- tration shall be made available for food ben- follows through ‘‘7.3 million’’ on line 26. ate an unnecessary layer of bureauc- efits: Provided further, That $4,000,000 from Mr. SKEEN. Mr. Chairman, I ask racy. It will create an administrative unobligated balances for supervisory and unanimous consent that debate on this nightmare for USDA and the States as technical assistance grants may be transferred to and merged with this account: Pro- amendment and all amendments there- they attempt to determine an appro- vided further, That the participation level on to close in 20 minutes, the time to be priate cap formula to ensure that September 30, 1996, shall not exceed 7.3 mil- equally divided. States do not add too many partici- lion: Provided further, That up to $6,750,000 The CHAIRMAN. Is there objection pants to their rolls. may be used to carry out the farmers’ mar- to the request of the gentleman from Mr. Chairman, the cap could hold up ket nutrition program from any funds not New Mexico? the distribution of funds until appro- needed to maintain current caseload levels: There was no objection. priate administrative procedures are in Provided further, That none of the funds in The CHAIRMAN. The gentleman place at the Federal, State and local this Act shall be available to pay adminis- from Ohio [Mr. HALL] will be recog- levels. Since a set amount is appro- trative expenses of WIC clinics except those nized for 10 minutes, and the gen- that have an announced policy of prohibiting priated for WIC, there really is no need smoking within the space used to carry out tleman from New Mexico [Mr. SKEEN] to cap the number of people who may the program. will be recognized for 5 minutes, and participate. UR FOOD STAMP PROGRAM the gentleman from Illinois [Mr. D - A cap would force local WIC directors BIN] will be recognized for 5 minutes. For necessary expenses to carry out the to turn participants away from the Food Stamp Act (7 U.S.C. 2011–2029), The Chair recognizes the gentleman program, even if they have the money $27,097,828,000: Provided, That funds provided from Ohio [Mr. HALL]. to serve them through efficient pro- herein shall remain available through Sep- Mr. HALL of Ohio. Mr. Chairman, I gram management. tember 30, 1996, in accordance with section yield myself such time as I may Mr. Chairman, I would urge you to 18(a) of the Food Stamp Act: Provided further, consume. vote for the Hall-Roukema amend- That funds provided herein shall be expended I am very glad to introduce the bi- ment. It is budget neutral. It provides in accordance with section 16 of the Food partisan amendment with the gentle- for more flexibility to the local WIC di- Stamp Act: Provided further, That this appro- woman from New Jersey [Mrs. ROU- rectors. It would allow cost savings to priation shall be subject to any work reg- KEMA]. Our amendment will simply re- help poor people. istration or workfare requirements as may move the cap on the number of people be required by law: Provided further, That Please support this amendment and $1,143,000,000 of the foregoing amount shall who can participate in the WIC pro- remove the cap on participation in the be available for nutrition assistance for gram. WIC program. Puerto Rico as authorized by 7 U.S.C. 2028. As many of my colleagues know, WIC Mr. Chairman, I reserve the balance COMMODITY ASSISTANCE PROGRAM is a very effective program at reducing of my time. For necessary expenses to carry out the infant mortality. This legislation, if PERFECTING AMENDMENT OFFERED BY MR. commodity supplemental food program as passed, would be the first time ever GOODLING authorized by section 4(a) of the Agriculture that a cap is placed on the number of Mr. GOODLING. Mr. Chairman, I and Consumer Protection Act of 1973 (7 people who may participate in WIC. offer a perfecting amendment. H 7338 CONGRESSIONAL RECORD — HOUSE July 20, 1995 The Clerk read as follows: maintain the existing participation is left to understand the difference be- Perfecting amendment offered by Mr. level for certain programs such as WIC tween the Hall and Goodling amend- GOODLING: Page 53, line 25 insert after ‘‘1996,’’ and school lunch. What the committee ments before we agree to a time limit. the following: ‘‘with Federal (and not State) has done is provide enough money to The CHAIRMAN. The Chair will at- funding’’. cover inflation and food cost increases tempt to clarify the time situation as Mr. GOODLING. Mr. Chairman, the to maintain the same number of par- best as he can. amendment that I am offering would ticipants in fiscal year 1996 that will be The gentleman from Ohio [Mr. HALL] retain the $7.3 million cap for partici- in the program at the end of fiscal year has only used 3 minutes of his 10 min- pation on the WIC program. However, 1995. utes, which means he still has 7 min- it would limit the effect of participants Mr. Chairman, to do this, the com- utes remaining. The gentleman from served with Federal program dollars. mittee had to find $290 million from an Illinois [Mr. DURBIN] still controls 5 I have been a strong supporter of WIC allocation that was $424 million less in minutes. over the years and have worked to outlays than the previous year. To find The time of the gentleman from New make sure that WIC works and is a this kind of money, we had to make se- Mexico [Mr. SKEEN] since it was di- good program. This said, I also believe vere reductions in rural development, rected at the Goodling amendment, there is a strong need for us to balance conservation, and research programs does not count against the original the Federal budget. However, we can- that are vital to keeping this country cap, so the gentleman has 5 minutes re- not reduce the cost of Federal pro- prosperous. maining. grams contained in this appropriation Capping participation at the end of Mr. DURBIN. Mr. Chairman, if the bill solely through reductions in pro- fiscal year 1996 at 7.3 million allows the gentleman will yield under his reserva- grams which support our Nation’s program to continue at the same level tion, I say to my friend and colleague farmers. as 1995 while the Congress decides what from New Mexico, the difference here is I understand concerns have been to do with the program in the welfare that the Hall amendment has been raised about the participation cap and reform bill. printed in the RECORD and has been the need to continue to increase WIC Mr. Chairman, without an adjust- subject to review. participation. My solution to the prob- ment in the committee’s allocation to The Goodling amendment, I am sure lem is to restrict the cap to Federal account for inflation costs, we cannot offered in good faith, was first brought dollars. This is important because if afford $300 million increases every year to us just a few minutes ago, and we you will look at the dollars that some to maintain existing caseloads at the have not had a chance and really need States have spent beyond what is spent expense of other programs in the bill. an opportunity to discuss it, I think, on the Federal level, you will discover Mr. Chairman, I would request that on the floor so that we understand it my State, for instance, spends $6 mil- the gentleman from Ohio withdraw his and its impact on the proposal by the lion additional money. New York amendment and allow the program to gentleman from Ohio [Mr. HALL]. Mr. SKEEN. Mr. Chairman, I ask spends $21 million additional money. continue in fiscal year 1996 while Con- unanimous consent that debate on the Other States spend additional money. gress works its will on the welfare re- Goodling amendment be limited to 10 And, therefore, the cap would not af- form. minutes, the time to be equally con- fect what the State puts in. The CHAIRMAN. The Chair will at- However, I think it is very, very im- tempt to clarify the situation for Mem- trolled. The CHAIRMAN. Is there objection portant to understand that in doing bers who are confused. The amendment to the request of the gentleman from this I in no way believe that next year of the gentleman from Pennsylvania New Mexico? we should count what the State puts in [Mr. GOODLING] is a perfecting amend- There was no objection. as far as numbers we are to serve with ment to the original text. The CHAIRMAN. The gentleman Pending the decision on that amend- Federal dollars. We serve numbers with from Pennsylvania [Mr. GOODLING] will Federal dollars that we put in. The ment, then the Hall amendment will be recognized for 10 minutes and the attempt to strike that entire section State dollars then would provide for gentleman from Illinois [Mr. DURBIN] the additional that they want to spend. which may or may not include the will be recognized for 10 minutes. After So my amendment merely says that Goodling amendment. that debate is completed, the Commit- the cap does not include dollars that PARLIAMENTARY INQUIRY tee will then return to the Hall amend- are spent by State and local govern- Mr. DURBIN. Mr. Chairman, I have a ment. ments on the program. parliamentary inquiry. The Chair recognizes the gentleman Mr. SKEEN. Mr. Chairman, I move to The CHAIRMAN. The gentleman will from Illinois [Mr. DURBIN]. strike the last word. state it. Mr. DURBIN. Mr. Chairman, I yield 2 I will try to address both of these in- Mr. DURBIN. Mr. Chairman, we minutes to the gentleman from Michi- terests. agreed to a time limitation at the out- gan [Mr. KILDEE]. First of all, Mr. Chairman, the set of 20 minutes to the Hall amend- Mr. KILDEE. Mr. Chairman, I would amendment offered by the gentleman ment and all amendments thereto. If I like to engage in a colloquy with my from Ohio [Mr. HALL] strikes the provi- understand the Chair’s explanation, good friend and my chairman, the gen- sion capping WIC participation at 7.3 the Goodling amendment does not tleman from Pennsylvania [Mr. GOOD- million. That cap is only a 1-year cap amend the Hall amendment so it is not LING]. in 1996. It is not to be a cap in future subject to that time limitation. Mr. HALL and the gentlewoman from years. The CHAIRMAN. That is correct. The New Jersey, Mrs. ROUKEMA, have Mr. Chairman, I rise in opposition to Chair is certainly willing to entertain worked very hard and researched their the gentleman’s amendment, and let an agreement to include that time con- amendment. I know exactly what it me tell you why. sideration for the Goodling amend- will do. It will give some flexibility to First, let me say that this committee ment. WIC directors if the food inflation rate has always been a great supporter of Mr. SKEEN. Mr. Chairman, I ask is down. It will serve more people, and the WIC Program, and with the track unanimous consent that the time limi- food inflation may very well be down record of the program over the years, I tation include the Goodling amend- this year. It looks like it will be down. do not think anyone on the committee ment. If they save some money on infant or in Congress can be accused of being The CHAIRMAN. Is there objection formula bidding, competitive bidding, against poor pregnant women, infants to the request of the gentleman from which is going to be restored, I am and children. And this year is no excep- New Mexico? sure, in the Senate, we know then that tion. Mr. GUNDERSON. Reserving the it would not cost the taxpayers any Mr. Chairman, let me tell you what right to object, I think we need to get more money, that they will have more the committee has done this year for a handle on how much time has been flexibility to serve more people. WIC and why. Because of inflation and consumed on both sides regarding the For example, just on the question of food cost increases, it costs the Federal Hall amendment so we have some idea the competitive bidding for infant for- Government more every year just to out of that 20-minute allocation what mula, that saves about $1 billion a July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7339 year, enabling us to serve well over 1 said, ‘‘What is going to happen here down, it would appear, then, that we million extra people a month. with this whole process if we put a cap could feed more people. If we cap the on people?’’ And all the WIC directors number of people, we cannot take ad- b 1830 said: ‘‘We are going to be very conserv- vantage of that low inflation for food I would ask the gentleman, what will ative, we are not going to be aggres- costs. That is one of the problems I see the effect of his amendment be that sive, we are not going to be innovative. with the gentleman’s amendment. will be different from the amendment There is going to be a lot more money Mr. GOODLING. The gentleman offered by the gentlewoman from New in the program that there will be pen- served 6.3 back in March, he will prob- Jersey [Mrs. ROUKEMA] and the gen- alties on, probably. What will happen is ably serve about 7.2 by the end of the tleman from Ohio [Mr. HALL] which that more people that could participate year. They are allowing him to go to will leave this flexibility and not cost in the WIC program will probably drop 7.3. I can understand what they are the taxpayers any more, because this is off the program, because as the public- doing. The only way they can slow not an entitlement, not even a cap en- ity comes out that we are really re- down the growth, and that is what we titlement? stricting the program, less people will are talking about on every issue that Mr. GOODLING. Mr. Chairman, will apply, and in the long run, you will comes to the Congress of the United the gentleman yield? have less people. What will happen is States, the only way they can do that Mr. KILDEE. I yield to the gen- next year you will say, ‘See, there are is to cap the numbers. Otherwise, every tleman from Pennsylvania. less people participating,’ more money time we say ‘‘the numbers are,’’ then Mr. GOODLING. My amendment does probably will be sent back to the Gov- the Agriculture Department will say, not need any research. My amendment ernment, and you will say, ‘You did not ‘‘This is how much money you need to is very, very simple. It says: ‘‘Insert even spend the money in the first feed that many people in WIC.’’ after 1996 the following: ‘with Federal, place, because what you are doing is Mr. Chairman, I yield 1 minute to the not State, funding.’ ’’ you are stopping the WIC directors gentleman from Wisconsin [Mr. GUN- What I am saying is the cap does not from doing their job. You are wasting DERSON]. apply to money that is spent by States. money.’ ’’ (Mr. GUNDERSON asked and was For instance, the $6 million that my For that reason I certainly oppose given permission to revise and extend State spends, I do not have Michigan the Goodling amendment. It is a gut- his remarks.) on here, so I do not know how much ting amendment. Mr. GUNDERSON. Mr. Chairman, I more the gentleman spends, but the $15 Mr. GOODLING. Mr. Chairman, I million that Massachusetts spends and thank the gentleman for yielding time yield myself 3 minutes. I just want to to me. the $21 million that New York spends is take issue with the gentleman from Obviously, I rise in support of the not part of that cap. In other words, if Ohio. I do not take second seat any- Goodling amendment, Mr. Chairman. I they put on, if my State puts on an- place to him in my effort to make sure think it is important to understand other 10,000 people, using the State that WIC is effective and WIC works. I with the Goodling amendment, along money that they got from saving on have worked just as hard as he has, and with what the committee has done, it their competitive bidding and all of maybe longer. If he wants to make a is to try to put together the means by these kinds of things, or money from statement that I am trying to gut which we can manage this program in their own funds, that is not part of the something, he had better have some an intelligent way. cap. facts and figures. The reason we have The gentleman is probably right, Mr. KILDEE. The money they re- not had anything to present before is that food inflation will be down this bate? because we were clearing with the Par- year, but I do not think just because Mr. GOODLING. If the gentleman liamentarian exactly what the lan- food inflation is down that we ought to will continue to yield, that would be guage would have to be. That is why it send a signal that in the year of wel- State money. took as long as it took. Mr. DURBIN. Mr. Chairman, I yield 2 Let me point out, Mr. Chairman, we fare reform being developed in this minutes to the gentleman from Ohio are talking as if somehow or other we country, that we want to go around [MR. HALL]. are restricting people from participat- and stack the rolls, build up the base- Mr. HALL of Ohio. Mr. Chairman, I ing in WIC. In 1993 $97 million was re- line, and then if something happens in thank the gentleman for yielding time turned. In 1994, $100 million was re- welfare reform, all of a sudden we are to me. turned. In 1995, $125 million of that will back here next year and we go, ‘‘What Mr. Chairman, I am very concerned be returned. We will need $70 million of do we do?’’ We have falsely created this about this amendment because it ap- that when the late vouchers come in; hope that all these people are going to pears to be a gutting amendment, and however, there will still be $55 million get covered, we do not have the money I believe it is. The reason I say that is additional money. Why has it been re- to cover them. Then we have a real that I have known all day that in fact turned? Primarily because we pumped problem. the amendment was going to be offered so much money in so rapidly that there I think what we are trying to do here by the gentleman from Pennsylvania was not an infrastructure out there in is recognize that in order to fully serve [Mr. GOODLING]. We had asked his office order to do the job and do it with qual- that baseline that exists, the commit- several times if we could see it, it was ity. Therefore, I do not want to take a tee has increased WIC by $260 million never produced. We just saw it about 2 back seat to anyone in relationship to this year, and we are saying there is no minutes ago. my efforts on the part of WIC over the indication that in order to serve that In fact, what he is trying to do is in years. baseline we have to increase the case- fact produce a vote on his first, which Mr. KILDEE. Mr. Chairman, will the load above that, because inflation is confuses the issue and which we have gentleman yield? not going to cause that. before us. The issue is we are not try- Mr. GOODLING. I yield to the gen- Mr. GOODLING. Mr. Chairman, I just ing to increase the money for the WIC tleman from Michigan. merely want to say that what I am try- program. I wish personally it could be Mr. KILDEE. Mr. Chairman, there is ing to do is make sure that those extra increased, but we have to live with no one over here who questions the participants that the State can add to that fact. What we are trying to say is gentleman’s intentions at all, we are the program have that opportunity; that we want to take the cap off the just worried about the language. We that this cap does not affect what the number of people. We want to give the know that. We are worried about the State does with State money. flexibility, the creativity, the innova- language, what the effect will be, not Mr. KILDEE. If the gentleman will tion to the WIC directors around the the gentleman’s intentions at all, be- yield to me further, I want to make it country to add more people, still using cause his record is very good in that. clear to all the body here that the WIC the same amount of money. What I worry about is one thing. It program is not an entitlement pro- I took the chance and I bothered a appears that food inflation costs will gram. It requires an appropriation each number of WIC directors around the be down this year, less than in previous year. It is not even a capped entitle- country and called them by phone, and years, so that food inflation being ment, which I tried to get it to be, but H 7340 CONGRESSIONAL RECORD — HOUSE July 20, 1995 it is not. Each year we have to appro- I would urge the defeat of the Good- and children into the program, but the priate for this, so it is not an entitle- ling amendment and the adoption of money would be turned over to the ment program, it is not something that the Hall amendment. USDA as unspent funds. That is the we are going to be obligated to. We I reserve the balance of my time, Mr. most important thing, because it is have to appropriate each year. Chairman. completely contradictory to what we Mr. GOODLING. I am not involved in The CHAIRMAN. The question is on did in H.R. 4, the family nutrition pro- this entitlement fight, or how much the perfecting amendment offered by gram, which was a Republican-initi- you increase, or anything else. I am in- the gentleman from Pennsylvania, [Mr. ated program to direct back to the volved in the State, that those the GOODLING]. States the opportunity for less bu- State put on are not part of that cap. The question was taken; and the reaucracy, streamlining of the pro- It is just as simple as that. I think the Chairman announced that the ayes ap- gram. amendment is about as clear as any peared to have it. Really, in many ways, and in a direct amendment could ever be. RECORDED VOTE way, the amendment offered by the Mr. DURBIN. Mr. Chairman, I yield Mr. DURBIN. Mr. Chairman, I de- gentleman from Ohio [Mr. HALL] is myself such time as I may consume. mand a recorded vote. completely consistent with eliminating Mr. Chairman, I would like to say at The CHAIRMAN. Pursuant to the bureaucracy and giving the WIC direc- the outset that I believe the gentleman order of the House of Wednesday, July tors at the State level the complete 19, further proceedings on the amend- from Pennsylvania [Mr. GOODLING] is flexibility they need for more effi- attempting to improve the appropria- ment offered by the gentleman from ciency within their State. I think that tions bill, but I think there is a flaw in Pennsylvania [Mr. GOODLING] will be it must again be remembered that this the approach that he is using. If I am postponed. amendment does not change the The debate is now on the amendment not mistaken, I believe the gentleman amount of money. We are simply say- offered by the gentleman from Ohio from Pennsylvania stated during the ing, ‘‘WIC directors, you improve your [Mr. HALL]. course of the debate that if a State program, you increase the opportuni- Mr. HALL of Ohio. Mr. Chairman, I should save money in the WIC program ties for women and children, and you yield 4 minutes to the gentlewoman by competitive bidding for infant for- will not have a cap on the number of from New Jersey [Mrs. ROUKEMA]. mula, and getting a lower cost per can, people.’’ I think it is clear that it is the Mrs. ROUKEMA. Mr. Chairman, I kind of efficiency that we sought to saving money, that the money that think in view of that last debate, I they saved he believes would be State have, it is the kind of efficiency that would hope that this is more direct and Republicans talk about, about being funds that could be used to increase straightforward, if not less controver- participation. The gentleman is nod- smarter and better, and I think it will sial. However, I have to rise in strong bring benefits for all of the people that ding his head in agreement, and I be- support of the amendment offered by lieve that is what he said. are under this program. It is not a wel- the gentleman from Ohio [Mr. HALL]; I Unfortunately, we have received in- fare program, but it is a nutrition pro- like to call it the Hall-Roukema gram that has proven itself as a cost- formation that suggests that that is amendment, and I want to express ap- not the case. What we have been told is saver from beginning to end, not only preciation to the author of the amend- in terms of better health, but in terms that the rebates that the States re- ment because of his untiring commit- ceive under WIC cost containment con- of efficiency of delivery at the State ment to hunger and family issues. level. tracts are legally Federal funds and Mr. Chairman, I want to explain Mr. Chairman, I rise in strong sup- not State funds. As a result, what the again what this amendment is. It is port of the Hall/Roukema amendment gentleman from Pennsylvania has done very direct. It eliminates the cap on and urge its adoption. I would like to is to create disincentives for the States the number of people who participate particularly thank my good friend to make this a more cost-efficient pro- in the WIC program. It has nothing to from Ohio for his tremendous work on gram. do with the amount of money. We are hunger issues for so many years. In an That is not what we want to do here. talking about the numbers of people, institution that is built on words, there I think what we want to do is to say to not the volume of money. is no one in this House who has dis- each one of the States: ‘‘Feed as many Currently approximately 6.9 million played such an untiring commitment pregnant women and new mothers and families are enrolled in WIC, and under through his actions. He has been a their children as possible at the lowest the bill the enrollment would rise to 7.3 champion of the children and families. possible cost, and if you can do that million. That is not the end of the more cost-effectively and save money story. It has been amply outlined by Having had the privilege of serving as in the process, we want you to expand both the gentleman from Ohio [Mr. the first ranking minority member of your program and bring in more eligi- HALL] and the gentleman from Illinois the former Select Committee on Hun- ble people.’’ That is the intent of the [Mr. DURBIN] that the Department of ger, I know something about this sub- gentleman from Ohio [Mr. HALL], it is Agriculture will have to divide these ject. I had the honor of working closely my philosophy, and I think it is one we slots up, and really create another bu- with then-Chairman Mickey Leland ought to share. reaucracy in and of itself among the and his successor, Mr. HALL, on a range I think the difficulty here is that the several States. of hunger issues—both domestic and money saved on cost containment is However, there are other reasons why international. going to be considered Federal, and as I am in favor of this and opposed to the Mr. Chairman, our amendment is a result, with the amendment of the committee approach, because what we simple. It eliminates the cap on the gentleman from Pennsylvania [Mr. need is smaller government and more number of people who can participate GOODLING], that money cannot be used efficient government, and it should go in the WIC program. Currently, ap- to expand participation, so I would like back to the States, as we did in H.R. 4, proximately 6.9 million families are en- to urge that we defeat the Goodling the original bill, of which I am a mem- rolled in the WIC program nationwide. amendment and adopt the Hall amend- ber of the committee that wrote that Under this bill, enrollment is allowed ment. By defeating the Goodling bill. The participation cap in this bill to rise to 7.3 million and no higher. amendment, we will overcome this does very little to make government But that is it. End of story. No mat- problem I have just described. By smaller. The cap will substantially inter the economic conditions. No matter adopting the Hall amendment, we will crease the WIC bureaucracy, and un- the need. say to the States, ‘‘Be more cost-effi- dermine the program, in my opinion. Without the Hall amendment and cient, do the best you can for the More to the point, however, the fact with the participation cap in place, mothers and their children, and if you is that there will be no reason without however, there is absolutely no reason can save money and expand the pro- the Hall amendment to pursue strong to pursue strong cost-containment gram to help more mothers and kids cost containment measures at the measures, since any savings could not have a healthy pregnancy and healthy State level, since any savings could not be used to bring more needy women kids, that is a goal that we all share.’’ be used to bring more needy women and children into the program, but July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7341 would be turned over the USDA as b 1845 various and new approaches to making the unspent funds. Mr. HALL of Ohio. Mr. Chairman, I Federal Government work better, one over- Finally, allow me to address specifi- yield 2 minutes to the gentlewoman riding theme has been consistently stated. cally my Republican colleagues—my from Maryland [Mrs. MORELLA]. How many times in the 104th Congress colleagues who joined me in voting in Mrs. MORELLA. Mr. Chairman, I have we heard the phrase: ``We must get gov- March to move the WIC program into want to express my support for the ernment to do more with less''? the family nutrition block grant of Hall-Roukema amendment to the Agri- Well, we have not given WIC less money H.R. 4. culture appropriations bill that would this time around. And why did we do that? To give the lift the WIC participation cap. In fact, we have increased its funding. Governor’s and the States flexibility to How would the participation cap be But this cap in effect tells WIC administra- operate their programs as effectively enforced? Would each State be assigned tors across the country: Don't bother trying to and efficiently as possible. a participation cap? How would the implement new policies to be more efficient. Now you can make the case that the USDA come up with an appropriate and Don't bother trying to stretch your budgets to participation cap defeats the purpose of fair formula that would prevent States reach more people with the same amount of the block grant by removing the incen- from adding more participants to their funds. tive to streamline your State’s pro- rolls? You can't expand the rolls of your clients gram. Why should they go through the This cap would create an administra- beyond what they have already reached, de- motions of reforming their programs tive nightmare for the USDA and spite your best efforts to the contrary. when the USDA will be the bureauc- would most likely ensure a decline in This is big-government, top-down manage- racy that benefits—and not the chil- WIC participation. In an effort to comment at its worst, and it should be eliminated. dren? ply with the law, most States would Without a cap, we can send a signal to WIC Let me be clear: our amendment does probably come in below the participa- administrators that we want them to expand not say that we will increase funding tion cap. Moreover, States with a sur- their clientele. We will reward their innovative for WIC next year. It simply says that plus at the end of the year would be and expansive outreach efforts, not discour- WIC offices around the country should forced to turn away eligible partici- age them. have the ability to help those who need pants. Support flexibility and decentralization in the WIC is an effective prevention pro- assistance. delivery of our social services by voting in gram that saves on future health care Let me spell out for you just what favor of the Hall-Roukema amendment. costs. WIC provides food, education, Mr. DURBIN. Mr. Chairman, I yield that means. and child care to poor women, infants, myself such time as I may consume. It means that the Department of Ag- and children. It is estimated that one Mr. Chairman, I rise in support of the riculture will have to divide 7.3 million in five children in our country is living Hall amendment. Let me tell what has slots among the various States. In ef- in poverty, and five million children happened in my home State. The State fect, bureaucrats in Washington will be under the age of 12 go hungry each of Illinois put out for competitive bid establishing a state-by-state WIC quota month. No child in our country should infant formula, and it turns out that system. That alone should cause every- go to bed hungry. Only well-nourished the WIC Program in the United States, one in this chamber to think twice children reach their full potential and which I understand serves 40 percent of about opposing the Hall amendment. become productive, contributing mem- the infants in America, obviously is But there are other reasons. bers of society. one of the major purchasers of infant While I am the first to say that we Hunger is caused by poverty. Poverty formula. need to make government smaller and and hunger are a violence against hu- So when a State like mine, as large more efficient, this bill presents the manity, whether they occur in the as it is, decides to ask the companies wrong approach. streets where we live or in a far-off that make the formula to enter a com- The participation cap in this bill does Bosnian village. petitive bid, they had quite a bit of very little to make government small- I urge my colleagues to allow WIC di- competition and quite a bit of savings. er. In fact, the cap will substantially rectors the flexibility to manage their They ended up with a rebate of $2.06 increase WIC bureaucracy, undermin- State WIC programs. Allow the States on every can of infant formula pur- ing a program that is nothing short of the flexibility to include as many WIC chased under the WIC Program in Illi- an American success story. participants as their budgets will nois and because they were so success- I want to point out to my colleagues allow. Vote for the Hall-Roukema ful in competitive bidding, turned that one of the most important ele- amendment. around and took this money and ex- ments of WIC, and perhaps the element Mr. MARTINI. Mr. Chairman, I rise in strong panded the program, just what we want that distinguishes the WIC program support of the Hall-Roukema amendment to them to do, to be cost efficient, save from others, is the incentive to save remove the cap on WIC participation. money and expand the program. money through cost-containment. Considering the cost-effectiveness of WIC, We do not want to create an incen- WIC is not welfare. It is an effective, and by now we are all familiar with the statis- tive, or disincentive I should say, for efficient and respected health-based tics on Medicaid savings that this program can States to enter into competitive bid- nutrition program. At a time when provide, we should try our best to expand ding. Just the opposite. Let us have only 66 percent of eligible participants WIC's rolls, not limit them. them spend their tax dollars as effec- are enrolled, we would be derelict in The WIC program in my area serves only tively as possible, save the money and our duty if we refused to educate more about 60 percent of the eligible population. help as many families as possible. That Nationally, the number is closer to 65 per- eligible women about this life-saving is why the Hall amendment should be cent. program. agreed to. While it is easy to get lost in a de- I understand that we will never be able to serve 100 percent of the eligible WIC popu- Mr. Chairman, I yield back the bal- bate about mandatory and discre- ance of my time. tionary spending, about how much lation. Some people we will never be able to Mr. SKEEN. Mr. Chairman, I yield money to spend and where to do it, we reach, and realistically speaking, we simply do myself such time as I may consume. must not lose sight of the human ele- not have the Federal resources to cover ev- Mr. Chairman, this is a very good ment here. eryone right now. program and I still must oppose the When the health and well-being of ex- So the status quo already forces us to place amendment because if we do take the pectant and postpartum mothers and limits on WIC each fiscal year when we deter- cap off and if you do have the effi- their children hang in the balance, we mine a funding level in an appropriations bill. ciencies in the State operations, that is cannot afford to be wrong. This is unfortunate, but merely a recognition wonderful except we will put more peo- Support the Hall-Roukema amend- of the actual situation. ple on the rolls and that is going to ment. Eliminate the cap place on WIC That said, why are we now implementing a cause us to raise more money next participation, and support a program numerical cap? year. that protects the women and children As we reformed the welfare system last Mr. Chairman, we do not have the who need our help. March, and as this new majority has taken money. It is not here, and if we raise H 7342 CONGRESSIONAL RECORD — HOUSE July 20, 1995 that capital, take the lid off of the 7.3 If not, the Clerk will designate title tended to finance the export sales of United million, it puts us in jeopardy because V. States agricultural commodities and the it does allow the States to put more The text of title V is as follows: products thereof as authorized by section 202(a) of the Agricultural Trade Act of 1978 (7 people on, which is wonderful from the TITLE V—FOREIGN ASSISTANCE AND U.S.C. 5641). States’ perspective, but from the na- RELATED PROGRAMS INTERMEDIATE-TERM EXPORT CREDIT tional level, it is very precarious be- FOREIGN AGRICULTURAL SERVICE cause we just do not have any sources The Commodity Credit Corporation shall (INCLUDING TRANSFERS OF FUNDS) make available not less than $500,000,000 in to raise the money. That is the prob- For necessary expenses of the Foreign Ag- credit guarantees under its export credit lem. ricultural Service, including carrying out guarantee program for intermediate-term I still, Mr. Chairman, have to oppose title VI of the Agricultural Act of 1954, as credit extended to finance the export sales of the Hall amendment, and reluctantly amended (7 U.S.C. 1761–1768), market develop- United States agricultural commodities and so because it is a good program. It has ment activities abroad, and for enabling the the products thereof as authorized by section been one of the best feeding programs Secretary to coordinate and integrate activi- 202(b) of the Agricultural Trade Act of 1978 (7 we have got, of the 26 nutrition pro- ties of the Department in connection with U.S.C. 5641). foreign agricultural work, including not to grams that we are funding today in the COMMODITY CREDIT CORPORATION EXPORT exceed $128,000 for representation allowances LOANS PROGRAM ACCOUNT Federal Government. and for expenses pursuant to section 8 of the Mr. Chairman, I appreciate what the Act approved August 3, 1956 (7 U.S.C. 1766), (INCLUDING TRANSFERS OF FUNDS) gentleman is trying to do and admire $123,520,000, of which $5,176,000 may be trans- For administrative expenses to carry out the work that he has done, but it puts ferred from Commodity Credit Corporation the Commodity Credit Corporation’s export us in an untenable position, and we funds, $2,792,000 may be transferred from the guarantee program, GSM–102 and GSM–103, Commodity Credit Corporation program ac- $3,381,000; to cover common overhead ex- maintain our opposition to this pro- penses as permitted by section 11 of the Com- posal to remove the cap because, once count in this Act, and $1,005,000 may be transferred from the Public Law 480 program modity Credit Corporation Charter Act and again, we did overfund it last year. account in this Act: Provided, That the Serv- in conformity with the Federal Credit Re- States could not pick up the slack, ice may utilize advances of funds, or reim- form Act of 1990, of which not to exceed they could not get the organization burse this appropriation for expenditures $2,792,000 may be transferred to and merged work done to put more people on, so we made on behalf of Federal agencies, public with the appropriation for the salaries and had to take money out in the rescis- and private organizations and institutions expenses of the Foreign Agricultural Serv- sion package. It has been kind of an under agreements executed pursuant to the ice, and of which not to exceed $589,000 may ungodly nightmare, but I think that I agricultural food production assistance pro- be transferred to and merged with the appro- grams (7 U.S.C. 1736) and the foreign assist- priation for the salaries and expenses of the understand where you are going and I Consolidated Farm Service Agency. hope the gentleman understands our ance programs of the International Develop- ment Cooperation Administration (22 U.S.C. The CHAIRMAN. Are there any position and I have to oppose it. 2392). amendments to title V? Mr. HALL of Ohio. Mr. Chairman, I None of the funds in the foregoing para- If not, the Clerk will designate title yield myself the balance of my time. graph shall be available to promote the sale VI. Mr. Chairman, in closing, I would say or export of tobacco or tobacco products. The text of title VI is as follows: that what we are doing here is we are PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS TITLE VI—RELATED AGENCIES AND removing the cap of 7.3 million people (INCLUDING TRANSFERS OF FUNDS) FOOD AND DRUG ADMINISTRATION, who can participate in this program in For expenses during the current fiscal DEPARTMENT OF HEALTH AND HUMAN 1996. This does not change the level of year, not otherwise recoverable, and unre- SERVICES funding which is appropriated in this covered prior years’ costs, including interest FOOD AND DRUG ADMINISTRATION bill. This is budget neutral according thereon, under the Agricultural Trade Devel- SALARIES AND EXPENSES opment and Assistance Act of 1954, as to CBO. We are not trying to increase For necessary expenses of the Food and amended (7 U.S.C. 1691, 1701–1715, 1721–1726, the money. Drug Administration, including hire and pur- 1727–1727f, 1731–1736g), as follows: (1) It provides more flexibility to the chase of passenger motor vehicles; for rental $291,342,000 for Public Law 480 title I credit, WIC directors to manage their State of special purpose space in the District of Co- including Food for Progress programs; (2) lumbia or elsewhere; and for miscellaneous programs. Just ask them. They want $25,000,000 is hereby appropriated for ocean and emergency expenses of enforcement ac- the flexibility. They want the ability freight differential costs for the shipment of tivities, authorized and approved by the Sec- to be innovative. agricultural commodities pursuant to title I retary and to be accounted for solely on the It is bipartisan. The administration of said Act and the Food for Progress Act of Secretary’s certificate, not to exceed $25,000; is strongly in support of this amend- 1985, as amended; (3) $821,100,000 is hereby ap- $904,694,000, of which not to exceed $84,723,000 propriated for commodities supplied in con- ment. The National Association of WIC in fees pursuant to section 736 of the Federal nection with dispositions abroad pursuant to Directors, strongly in support of it. Food, Drug, and Cosmetic Act may be cred- title II of said Act; and (4) $50,000,000 is here- Bread for the World, strongly in sup- ited to this appropriation and remain avail- by appropriated for commodities supplied in able until expended: Provided, That fees deport of it. Center on Budget Priorities, connection with dispositions abroad pursu- rived from applications received during fis- strongly in support of this amendment. ant to title III of said Act: Provided, That not cal year 1996 shall be subject to the fiscal Vote against the Goodling amend- to exceed 15 percent of the funds made avail- year 1996 limitation: Provided further, That ment. Vote for the Hall-Roukema able to carry out any title of said Act may none of these funds shall be used to develop, amendment. be used to carry out any other title of said establish, or operate any program of user Act: Provided further, That such sums shall The CHAIRMAN. The question is on fees authorized by 31 U.S.C. 9701. remain available until expended (7 U.S.C. the amendment offered by the gen- In addition, fees pursuant to section 354 of 2209b). tleman from Ohio [Mr. HALL]. the Public Health Service Act may be cred- For the cost, as defined in section 502 of The question was taken; and the ited to this account, to remain available the Congressional Budget Act of 1974, of di- until expended. Chairman announced that the noes ap- rect credit agreements as authorized by the peared to have it. Agricultural Trade Development and Assist- BUILDINGS AND FACILITIES RECORDED VOTE ance Act of 1954, as amended, and the Food For plans, construction, repair, improve- Mr. HALL of Ohio. Mr. Chairman, I for Progress Act of 1985, as amended, includ- ment, extension, alteration, and purchase of demand a recorded vote, and pending ing the cost of modifying credit agreements fixed equipment or facilities of or used by that I make the point of order that a under said Act, $236,162,000. the Food and Drug Administration, where not otherwise provide, $15,350,000, to remain quorum is not present. In addition, for administrative expenses to carry out the Public Law 480 title I credit available until expended (7 U.S.C. 2209b). The CHAIRMAN. Pursuant to the program, and the Food for Progress Act of order of the House of July 19, further RENTAL PAYMENTS (FDA) 1985, as amended, to the extent funds appro- (INCLUDING TRANSFERS OF FUNDS) proceedings on the amendment offered priated for Public Law 480 are utilized, For payment of space rental and related by the gentleman from Ohio [Mr. HALL] $1,750,000. costs pursuant to Public Law 92–313 for pro- will be postponed. SHORT-TERM EXPORT CREDIT grams and activities of the Food and Drug The point of no quorum is considered The Commodity Credit Corporation shall Administration which are included in this withdrawn. make available not less than $5,200,000,000 in Act, $46,294,000: Provided, That in the event The CHAIRMAN. Are there further credit guarantees under its export credit the Food and Drug Administration should re- amendments to title IV? guarantee program for short-term credit ex- quire modification of space needs, a share of July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7343 the salaries and expenses appropriation may screwworm program of the Animal and Plant account; the rural electrification and tele- be transferred to this appropriation, or a Health Inspection Service; Food Safety and communications loans program account; and share of this appropriation may be trans- Inspection Service, field automation and in- the rural economic development loans pro- ferred to the salaries and expenses appropria- formation management project; funds appro- gram account. tion, but such transfers shall not exceed 5 priated for rental payments; funds for the SEC. 715. Such sums as may be necessary percent of funds made available for rental Native American institutions endowment for fiscal year 1996 pay raises for programs payments (FDA) to or from this account. fund in the Cooperative State Research, Edu- funded by this Act shall be absorbed within DEPARTMENT OF THE TREASURY cation, and Extension Service, and funds for the levels appropriated in this Act. SEC. 716. (a) COMPLIANCE WITH BUY AMER- FINANCIAL MANAGEMENT SERVICE the competitive research grants (7 U.S.C. 450i(b)) shall remain available until ex- ICAN ACT.—None of the funds made available PAYMENTS TO THE FARM CREDIT SYSTEM in this Act may be expended by an entity un- FINANCIAL ASSISTANCE CORPORATION pended. SEC. 706. No part of any appropriation con- less the entity agrees that in expending the For necessary payments to the Farm Cred- tained in this Act shall remain available for funds the entity will comply with sections 2 it System Financial Assistance Corporation obligation beyond the current fiscal year un- through 4 of the Act of March 3, 1933 (41 by the Secretary of the Treasury, as author- less expressly so provided herein. U.S.C. 10a–10c; popularly known as the ‘‘Buy ized by section 6.28(c) of the Farm Credit Act SEC. 707. Not to exceed $50,000 of the appro- American Act’’). of 1971, as amended, for reimbursement of in- priations available to the Department of Ag- (b) SENSE OF CONGRESS; REQUIREMENT RE- terest expenses incurred by the Financial As- riculture in this Act shall be available to GARDING NOTICE.— sistance Corporation on obligation issued provide appropriate orientation and lan- (1) PURCHASE OF AMERICAN-MADE EQUIPMENT through 1994, as authorized, $15,453,000. guage training pursuant to Public Law 94– AND PRODUCTS.—In the case of any equipment INDEPENDENT AGENCIES 449. or product that may be authorized to be pur- COMMODITY FUTURES TRADING COMMISSION SEC. 708. No funds appropriated by this Act chased with financial assistance provided For necessary expenses to carry out the may be used to pay negotiated indirect cost using funds made available in this Act, it is provisions of the Commodity Exchange Act, rates on cooperative agreements or similar the sense of the Congress that entities re- as amended (7 U.S.C. 1 et seq.), including the arrangements between the United States De- ceiving the assistance should, in expending purchase and hire of passenger motor vehi- partment of Agriculture and nonprofit insti- the assistance, purchase only American- cles; the rental of space (to include multiple tutions in excess of 10 percent of the total di- made equipment and products. year leases) in the District of Columbia and rect cost of the agreement when the purpose (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— elsewhere; and not to exceed $25,000 for em- of such cooperative arrangements is to carry In providing financial assistance using funds ployment under 5 U.S.C. 3109; $49,144,000, in- out programs of mutual interest between the made available in this Act, the head of each cluding not to exceed $1,000 for official recep- two parties. This does not preclude appro- Federal agency shall provide to each recipi- tion and representation expenses: Provided, priate payment of indirect costs on grants ent of the assistance a notice describing the That the Commission is authorized to charge and contracts with such institutions when statement made in paragraph (1) by the Con- reasonable fees to attendees of Commission such indirect costs are computed on a simi- gress. sponsored educational events and symposia lar basis for all agencies for which appropria- (c) PROHIBITION OF CONTRACTS WITH PER- to cover the Commission’s costs of providing tions are provided in this Act. SONS FALSELY LABELING PRODUCTS AS MADE those events and symposia, and notwith- SEC. 709. Notwithstanding any other provi- IN AMERICA.—If it has been finally deter- standing 31 U.S.C. 3302, said fees shall be sion of this Act, commodities acquired by mined by a court or Federal agency that any credit to this account, to be available with- the Department in connection with Commod- person intentionally affixed a label bearing a out further appropriation. ity Credit Corporation and section 32 price ‘‘Made in America’’ inscription, or any inscription with the same meaning, to any The CHAIRMAN. Are there any support operations may be used, as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), product sold in or shipped to the United amendments to title VI? to provide commodities to individuals in States that is not made in the United States, If not, the Clerk will designate title cases of hardship as determined by the Sec- the person shall be ineligible to receive any VII. retary of Agriculture. contract or subcontract made with funds The text of title VII is as follows: SEC. 710. None of the funds in this Act shall made available in this Act, pursuant to the TITLE VII—GENERAL PROVISIONS be available to reimburse the General Serv- debarment, suspension, and ineligibility pro- SEC. 701. Within the unit limit of cost fixed ices Administration for payment of space cedures described in sections 9.400 through by law, appropriations and authorizations rental and related costs in excess of the 9.409 of title 48, Code of Federal Regulations. made for the Department of Agriculture for amounts specified in this Act; nor shall this SEC. 717. Notwithstanding the Federal the fiscal year 1996 under this Act shall be or any other provision of law require a re- Grant and Cooperative Agreement Act, mar- available for the purchase, in addition to duction in the level of rental space or serv- keting services of the Agricultural Market- those specifically provided for, of not to ex- ices below that of fiscal year 1994 or prohibit ing Service may use cooperative agreements ceed 665 passenger motor vehicles, of which an expansion of rental space or services with to reflect a relationship between Agricul- 642 shall be for replacement only, and for the the use of funds otherwise appropriated in tural Marketing Service and a State or Co- hire of such vehicles. this Act. Further, no agency of the Depart- operator to carry out agricultural marketing SEC. 702. Funds in this Act available to the ment of Agriculture, from funds otherwise programs. Department of Agriculture shall be available available, shall reimburse the General Serv- SEC. 718. PROHIBITION ON USE OF FUNDS FOR for uniforms or allowances therefor as au- ices Administration for payment of space HONEY PAYMENTS OR LOAN FORFEITURES.— thorized by law (5 U.S.C. 5901–5902). rental and related costs provided to such Notwithstanding any other provision of this SEC. 703. Not less than $1,500,000 of the ap- agency at a percentage rate which is greater Act, none of the funds appropriated or other- propriations of the Department of Agri- than is available in the case of funds appro- wise made available by this Act shall be used culture in this Act for research and service priated in this Act. by the Secretary of Agriculture to provide work authorized by the Acts of August 14, SEC. 711. None of the funds in this Act shall for a total amount of payments and/or total 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629), be available to restrict the authority of the amount of loan forfeitures to a person to and by chapter 63 of title 31, United States Commodity Credit Corporation to lease support the price of honey under section 207 Code, shall be available for contracting in space for its own use or to lease space on be- of the Agriculture Act of 1949 (7 U.S.C. 1446h) accordance with said Acts and chapter. half of other agencies of the Department of and section 405A of such Act (7 U.S.C. 1425a) SEC. 704. The cumulative total of transfers Agriculture when such space will be jointly in excess of zero dollars in the 1994, 1995, and to the Working Capital Fund for the purpose occupied. 1996 crop years. of accumulating growth capital for data SEC. 712. None of the funds in this Act shall SEC. 719. None of the funds in this Act may services and National Finance Center oper- be available to pay indirect costs on research be used to retire more than 5% of the Class ations shall not exceed $2,000,000: Provided, grants awarded competitively by the Cooper- A stock of the Rural Telephone Bank. That no funds in this Act appropriated to an ative State Research, Education, and Exten- SEC. 720. None of the funds appropriated or agency of the Department shall be trans- sion Service that exceed 14 percent of total otherwise made available by this Act may be ferred to the Working Capital Fund without Federal funds provided under each award. used to provide benefits to households whose the approval of the agency administrator. SEC. 713. Notwithstanding any other provi- benefits are calculated using a standard de- SEC. 705. New obligational authority pro- sions of this Act, all loan levels provided in duction greater than the standard deduction vided for the following appropriation items this Act shall be considered estimates, not in effect for fiscal year 1995. in this Act shall remain available until ex- limitations. SEC. 721. None of the funds made available pended (7 U.S.C. 2209b): Animal and Plant SEC. 714. Appropriations to the Department in this Act may be used for any program, Health Inspection Service, the contingency of Agriculture for the cost of direct and project, or activity when it is made known fund to meet emergency conditions, and in- guaranteed loans made available in fiscal to the Federal entity or official to which the tegrated systems acquisition project; and year 1996 shall remain available until ex- funds are made available that the program, Foreign Agricultural Service, middle-income pended to cover obligations made in fiscal project, or activity is not in compliance with country training program. year 1996 for the following accounts: the any applicable Federal law relating to risk New obligational authority for the boll rural development loan fund program ac- assessment, the protection of private prop- weevil program; up to 10 percent of the count; the Rural Telephone Bank program erty rights, or unfunded mandates. H 7344 CONGRESSIONAL RECORD — HOUSE July 20, 1995 The CHAIRMAN. Are there any The vote was taken by electronic de- Dellums Kennelly Rahall amendments to title VII? vice, and there were—ayes 230, noes 193, Deutsch Kildee Rangel Dicks Kleczka Reed If not, the Clerk will read the last 3 not voting 11, as follows: Dingell Klink Richardson lines of the bill. [Roll No. 542] Dixon LaFalce Rivers The Clerk read as follows: Doggett Lantos Roemer This Act may be cited as the ‘‘Agriculture, AYES—230 Dooley Levin Rose Doyle Lewis (GA) Allard Funderburk Myrick Roybal-Allard Rural Development, Food and Drug Adminis- Durbin Lincoln Archer Ganske Nethercutt Rush tration, and Related Agencies Appropria- Edwards Lipinski Armey Gekas Neumann Sabo tions Act, 1996’’. Engel Lofgren Bachus Gilchrest Ney Sanders Ensign Lowey Mr. TORKILDSEN. Mr. Chairman, I support Baker (CA) Gillmor Norwood Sawyer Eshoo Luther Baker (LA) Gilman Nussle Schroeder the Hall-Roukema amendment, and I com- Evans Maloney Ballenger Goodlatte Oxley Schumer mend my colleagues for bringing this impor- Farr Manton Barr Goss Packard Fattah Markey Scott tant issue to the floor. It will maximize the po- Barrett (NE) Graham Parker Fazio Mascara Serrano Bartlett Greenwood Paxon tential of a time-tested and needed program, Fields (LA) Sisisky Barton Gunderson Matsui while remaining completely budget neutral. Petri Filner Skaggs Bass Gutknecht McCarthy Pombo Flake Slaughter The program's motto is ``WIC Works Won- Bateman Hall (TX) McDermott Porter Foglietta Smith (NJ) ders'' and indeed it does: Bereuter Hancock McHale Portman Ford Spratt In over 70 evaluation studies, WIC has Bilbray Hansen McKinney Pryce Frank (MA) Stark Bilirakis Hastert McNulty demonstrated improved pregnancy and re- Quillen Frost Stenholm Bliley Hastings (WA) Meehan Quinn Furse Stokes duced anemia in children; Blute Hayworth Meek Radanovich Gejdenson Medicaid beneficiaries have experienced a Boehlert Hefley Menendez Studds Ramstad Gephardt lower infant mortality rate; Boehner Heineman Metcalf Stupak Regula Geren Bonilla Herger Mfume Tanner Four- to five-year-old children have in- Riggs Gibbons Bono Hilleary Miller (CA) Tauzin Roberts Gonzalez creased immunization rates and improved vo- Brownback Hobson Mineta Tejeda Rogers Gordon cabularies. Bryant (TN) Hoekstra Minge Thompson Rohrabacher Green WIC serves 6.5 million women and children Bunning Hoke Mink Thornton Ros-Lehtinen Gutierrez Burr Horn Mollohan Thurman monthly, saving the Government over $700 Roth Hall (OH) Burton Hostettler Moran Torres Roukema Hamilton million every year in health and education ex- Buyer Houghton Murtha Torricelli Royce Harman Nadler penditures. With such a significant return on Callahan Hunter Towns Salmon Hastings (FL) Neal Calvert Hutchinson Traficant our investment, I regret that this Congress is Sanford Hayes Oberstar Camp Hyde Tucker unable to provide for additional cases in the Scarborough Hefner Canady Inglis Obey Schaefer Hilliard Velazquez coming year. However, this amendment will at Castle Istook Olver Schiff Hinchey Vento least give cost-conscious States the oppor- Chabot Johnson (CT) Ortiz Seastrand Holden Visclosky Chambliss Johnson, Sam Orton tunity to expand their own caseloads if addi- Sensenbrenner Hoyer Ward Chenoweth Jones Owens Shadegg Jackson-Lee Watt (NC) tional funds become available. A participation Christensen Kasich Pastor Shaw Jacobs Waxman cap is counterproductive and potentially harm- Chrysler Kelly Payne (NJ) Shays Johnson (SD) Williams Clinger Kim Payne (VA) ful to a program that deserves our full support. Shuster Johnson, E. B. Wilson Coble King Pelosi I urge my colleagues to support WIC by vot- Skeen Johnston Wise Coburn Kingston Peterson (FL) Skelton Kanjorski Woolsey ing for the Hall-Roukema amendment. Collins (GA) Klug Peterson (MN) Kaptur Wyden SEQUENTIAL VOTES POSTPONED IN COMMITTEE Combest Knollenberg Smith (MI) Pickett Kennedy (MA) Pomeroy Wynn OF THE WHOLE Cooley Kolbe Smith (TX) Kennedy (RI) Cox LaHood Smith (WA) Poshard Yates The CHAIRMAN. Pursuant to the Solomon Crane Largent NOT VOTING—11 order of the House of Wednesday, July Crapo Latham Souder 19, proceedings will now resume on Cremeans LaTourette Spence Abercrombie Jefferson Saxton those amendments on which further Cubin Laughlin Stearns Collins (MI) Moakley Volkmer Stockman Gallegly Pallone Waters proceedings were postponed in the fol- Cunningham Lazio Davis Leach Stump Goodling Reynolds lowing order: The amendment offered Talent Deal Lewis (CA) b 1916 by the gentleman from Pennsylvania DeLay Lewis (KY) Tate Taylor (MS) [Mr. GOODLING]; the amendment offered Diaz-Balart Lightfoot Messrs. VENTO, BARCIA, TAUZIN, Dickey Linder Taylor (NC) and JACOBS changed their vote from by the gentleman from Ohio [Mr. Doolittle Livingston Thomas HALL]. Dornan LoBiondo Thornberry ‘‘aye’’ to ‘‘no.’’ The Chair will reduce to 5 minutes Dreier Longley Tiahrt Ms. PRYCE, Mrs. KELLY, Mr. the time for any electronic vote after Duncan Lucas Torkildsen FLANAGAN, and Mr. TORKILDSEN Dunn Manzullo Upton changed their vote from ‘‘no’’ to ‘‘aye.’’ the first vote in this series. Ehlers Martinez Vucanovich PERFECTING AMENDMENT OFFERED BY MR. Ehrlich Martini Waldholtz So the perfecting amendment was GOODLING Emerson McCollum Walker agreed to. The CHAIRMAN. The pending busi- English McCrery Walsh The result of the vote was announced Everett McDade Wamp as above recorded. ness is the demand for a recorded vote Ewing McHugh Watts (OK) on the perfecting amendment offered Fawell McInnis Weldon (FL) PERSONAL EXPLANATION by the gentleman from Pennsylvania Fields (TX) McIntosh Weldon (PA) Mr. PALLONE. Mr. Chairman, during rollcall Flanagan McKeon Weller OODLING vote No. 542 on H.R. 1976 I was unavoidably [Mr. G ] on which further pro- Foley Meyers White ceedings were postponed and on which Forbes Mica Whitfield detained. Had I been present I would have the ayes prevailed by voice vote. Fowler Miller (FL) Wicker voted ``nay''. I ask unanimous consent that my The Clerk will redesignate the Fox Molinari Wolf statement appear in the RECORD immediately Franks (CT) Montgomery Young (AK) amendment. Franks (NJ) Moorhead Young (FL) following rollcall vote No. 542. The Clerk redesignated the amend- Frelinghuysen Morella Zeliff AMENDMENT OFFERED BY MR. HALL OF OHIO ment. Frisa Myers Zimmer The CHAIRMAN. The pending busi- RECORDED VOTE NOES—193 ness is the demand for a recorded vote The CHAIRMAN. A recorded vote has on the amendment offered by the gen- Ackerman Borski Clement been demanded. Andrews Boucher Clyburn tleman from Ohio [Mr. HALL] on which A recorded vote was ordered. Baesler Brewster Coleman further proceedings were postponed and The CHAIRMAN. Pursuant to the Baldacci Browder Collins (IL) on which the noes prevailed by a voice order of the House of Wednesday, July Barcia Brown (CA) Condit Barrett (WI) Brown (FL) Conyers vote. 19, the Chair announces that he will re- Becerra Brown (OH) Costello The Clerk will redesignate the duce to a minimum of 5 minutes the Beilenson Bryant (TX) Coyne amendment. period of time within which a vote by Bentsen Bunn Cramer The Clerk redesignated the amend- electronic device will be taken on each Berman Cardin Danner ment. Bevill Chapman de la Garza amendment on which the Chair has Bishop Clay DeFazio The CHAIRMAN. A recorded vote has postponed further proceedings. Bonior Clayton DeLauro been demanded. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7345 A recorded vote was ordered. Weldon (FL) Wilson Wynn cal year 1996 and fiscal year 1997. We Weldon (PA) Wise Yates did this while increasing funding for The CHAIRMAN. This is a 5-minute Weller Wolf Young (FL) vote. White Woolsey Zimmer programs that actually saved lives— The vote was taken by electronic de- Williams Wyden disaster assistance, refugee relief and vice, and there were—ayes 278, noes 145, NOES—145 food aid. Simply put, the Public Law 480 title II program saves lives by feed- not voting 11, as follows: Allard Fields (TX) Myers Archer Foley ing starving people. [Roll No. 543] Myrick Armey Frisa Nethercutt Through the title II food aid pro- AYES—278 Bachus Funderburk Neumann gram, the American people feed 2.7 mil- Baker (CA) Ganske Abercrombie Gejdenson Montgomery Norwood lion displaced and war-affected people Baker (LA) Gekas Nussle Ackerman Gephardt Moran Ballenger Goodlatte within Bosnia and another 2 million in Andrews Geren Morella Oxley Barr Goss Packard Angola. Thirteen million mothers and Baesler Gibbons Murtha Bartlett Gunderson Baldacci Gilchrest Nadler Paxon children on the Indian subcontinent de- Barton Gutknecht Pombo Barcia Gillmor Neal Bass Hancock pend on this program for daily nutri- Porter Barrett (NE) Gilman Ney Bateman Hansen tion. Closer to home, over 1 million Radanovich Barrett (WI) Gonzalez Oberstar Bliley Hastert Becerra Gordon Obey Riggs Haitians depend on this program for Boehner Hastings (WA) nutrition, helping to ensure the sur- Beilenson Graham Olver Bonilla Hefley Roberts Bentsen Green Ortiz Bono Herger Rogers vival of the democracy there. The title Bereuter Greenwood Orton Brownback Hobson Rohrabacher II program is designed to work with Berman Gutierrez Owens Bryant (TN) Hoke Ros-Lehtinen the leading American relief agencies Bevill Hall (OH) Pallone Bunning Hostettler Roth Bilbray Hall (TX) Parker Burr Houghton Royce such as Care, Catholic Relief Services, Bilirakis Hamilton Pastor Burton Hunter Salmon Save the Children and World Vision. Bishop Harman Payne (NJ) Callahan Hutchinson Scarborough Blute Hastings (FL) Payne (VA) These organizations, which raise most Calvert Hyde Schaefer of their funds through private dona- Boehlert Hayes Pelosi Chabot Istook Seastrand Bonior Hayworth Peterson (FL) Chambliss Johnson, Sam Sensenbrenner tions, represent the best in America Borski Hefner Peterson (MN) Chenoweth Jones Shadegg and our mission to the poor. Boucher Heineman Petri Christensen Kasich Shaw Brewster Hilleary Pickett This year, the Appropriations Com- Chrysler Kim Shays mittee wisely chose not to make budg- Browder Hilliard Pomeroy Clinger King Brown (CA) Hinchey Portman Shuster Coble Kingston Skeen et savings for the title II program by Brown (FL) Hoekstra Poshard Collins (GA) Knollenberg recommending last year’s level of $821 Brown (OH) Holden Pryce Smith (MI) Combest Kolbe Smith (TX) million. Unfortunately, this will still Bryant (TX) Horn Quillen Cooley Largent Bunn Hoyer Quinn Solomon represent a cut for the program. Under Cox Latham Stockman Buyer Inglis Rahall Crane Laughlin a little known provision—section 416(b) Stump Camp Jackson-Lee Ramstad Crapo Lewis (CA) Talent of the Agricultural Act of 1949—the Canady Jacobs Rangel Cubin Lewis (KY) Taylor (NC) Secretary of Agriculture is authorized Castle Johnson (CT) Reed Deal Lightfoot Chapman Johnson (SD) Regula DeLay Linder Thomas to provide commodities acquired by Clay Johnson, E. B. Richardson Diaz-Balart Livingston Thornberry the Commodity Credit Corporation Clayton Johnston Rivers Tiahrt Dickey Lucas [CCC] to the title II program. In fiscal Clement Kanjorski Roemer Doolittle Manzullo Vucanovich Clyburn Kaptur Rose Dornan McCrery Walker year 1993, over 2 million metric tons of Coburn Kelly Roukema Duncan McIntosh Walsh foods were donated under 416. Because Coleman Kennedy (MA) Roybal-Allard Dunn McKeon Watts (OK) Collins (IL) Kennedy (RI) Rush CCC stocks have dwindled, in fiscal Ehrlich Mica Whitfield year 1994 only 160,000 metric tons were Condit Kennelly Sabo Emerson Miller (FL) Wicker Conyers Kildee Sanders Everett Molinari Young (AK) delivered and this year no ‘‘416’’ food Costello Kleczka Sanford Ewing Moorhead Zeliff will be available. Coyne Klink Sawyer Cramer Klug Schiff NOT VOTING—11 Mr. Chairman, for all the work we Cremeans LaFalce Schroeder have done, hunger is still a problem in Cardin Goodling Saxton Cunningham LaHood Schumer Collins (MI) Jefferson the developing world. Even under the Danner Lantos Scott Smith (WA) Dreier Moakley Davis LaTourette Serrano Volkmer optimistic estimates of the administra- Gallegly Reynolds de la Garza Lazio Sisisky tion, we will fall over 400,000 metric DeFazio Leach Skaggs b 1925 tons of food short of the needs of starv- DeLauro Levin Skelton ing people around the world. Recogniz- Dellums Lewis (GA) Slaughter The Clerk announced the following ing this need, the International Rela- Deutsch Lincoln Smith (NJ) pair: Dicks Lipinski Souder tions Committee included a 2-year au- Dingell LoBiondo Spence On this vote: thorization for a minimum of 2.025 mil- Dixon Lofgren Spratt Mr. Moakley for, with Mr. Dreier against. Doggett Longley Stark lion metric tons of food to be delivered Dooley Lowey Stearns Messrs. WELLER, WAMP, GRAHAM, under the title II program. Cost esti- Doyle Luther Stenholm FORBES, and LONGLEY changed their mates show this would be equal an au- Durbin Maloney Stokes vote from ‘‘no’’ to ‘‘aye.’’ thorized funding level of $863 million Edwards Manton Studds Ehlers Markey Stupak So the amendment was agreed to. for this program in fiscal year 1996 and Engel Martinez Tanner The result of the vote was announced fiscal year 1997. English Martini Tate as above recorded. Mr. Chairman, the Title III Govern- Ensign Mascara Tauzin Mr. GILMAN. Mr. Chairman, I move ment-to-Government Program is a new Eshoo Matsui Taylor (MS) Evans McCarthy Tejeda to strike the last word. one, created in 1990. While it has wor- Farr McCollum Thompson (Mr. GILMAN asked and was given thy goals, it clearly does not have the Fattah McDade Thornton permission to revise and extend this re- priority that the title II program has Fawell McDermott Thurman Fazio McHale Torkildsen marks.) in saving lives. The administration rec- Fields (LA) McHugh Torres Mr. GILMAN. Mr. Chairman, I wish ognized this when it proposed cutting Filner McInnis Torricelli to comment on title V of the bill. I the title III program by $100 million, Flake McKinney Towns strongly support title II funding to feed down to $50 million. The Budget Com- Flanagan McNulty Traficant Foglietta Meehan Tucker starving people, and I urge the commit- mittee recommended ending the title Forbes Meek Upton tee to preserve and enhance funding for III program altogether. Working with Ford Menendez Velazquez the P.L. 480, title II, program. Representative BEREUTER on the House Fowler Metcalf Vento Fox Meyers Visclosky Mr. Chairman, with the budget con- floor, we saved the program in the Frank (MA) Mfume Waldholtz straints we are under, we need to make American Overseas Interests Act at the Franks (CT) Miller (CA) Wamp cuts in foreign assistance. My commit- $25 million level. Given the needs of Franks (NJ) Mineta Ward tee’s bill, the American Overseas Inter- starving people, I believe that the Ap- Frelinghuysen Minge Waters Frost Mink Watt (NC) ests Act passed the House on June 8 by propriations Committee should reflect Furse Mollohan Waxman reducing spending over $3 billion in fis- the authorizing committee levels and H 7346 CONGRESSIONAL RECORD — HOUSE July 20, 1995 emphasize the life-saving mission of amendment and ask that he explain each crop’’ grown on the farm (with the title II program. the amendment. certain exceptions for minor crops not I want to thank Chairman SKEEN and Mr. DURBIN. Mr. Chairman, may I applicable here). Representative DURBIN for their work correctly assume this time will not be What is mandated in the Federal on this issue. They have done good taken from the debate time on the Crop Insurance Act, that is, cata- work on this bill and I will strongly amendment? strophic insurance coverage, whether support it on final passage. The CHAIRMAN. The Chair will obtained from a Federal Agency in the I ask that since I will be unable to make that concession. field (a county office of USDA) or a pri- offer my amendment to title V to Mr. DURBIN. Soon? vate insurer under an agreement for transfer $25 million from the public law The CHAIRMAN. Yes. sale from the Federal Crop Insurance 480 Title III, Government-to-Govern- Mr. DURBIN. I might respond to the Corporation is not only limited by this ment Program; to the public law 480 inquiry from the gentleman from Illi- amendment, but is effectively denied Title II program. I strongly support nois that this amendment has been to producers. The provisions of Public funding for the title II program. changed and does two things. It says Law 103–354 (the Federal Crop Insur- AMENDMENT OFFERED BY MR. DURBIN that none of the funds made available ance Reform Act of 1994) would be sus- Mr. DURBIN. Mr. Chairman, I offer in this act, this appropriation to the pended by the Amendment, at least for an amendment. Department of Agriculture, may be the period of the 1996 fiscal year, for The CHAIRMAN. The Clerk will des- used, No. 1, to carry out or pay the sal- catastrophic as well as ‘‘buy-up’’ cov- ignate the amendment. aries of personnel who carry out any erage of insurance. The text of the amendment is as fol- extension service program for tobacco Moreover, the Secretary of Agri- lows: or, No. 2, to provide or to pay the sala- culture and the Board of Directors and Amendment offered by Mr. DURBIN: Page ries of personnel and provide crop in- the manager of the Federal Crop Insur- 71, after line 2, insert the following new sec- surance for tobacco for the 1996 or later ance Corporation [FCIC] would have tion: crop years. SEC. 726. None of the funds made available Mr. EWING. Mr. Chairman, I make a added duties of changing their regula- in this Act to the Department of Agriculture point of order against the amendment. tions, changing their contracts with may be used (1) to carry out, or pay the sala- their insured producers many of whom ries of personnel who carry out, any exten- PARLIAMENTARY INQUIRY are automatically renewed through a sion service program for tobacco; or (2) to Mr. DURBIN. Mr. Chairman, I have a continuing contract and whose con- provide, or to pay the salaries of personnel parliamentary inquiry. tracts would have to be cancelled by who provide, crop insurance for tobacco for The CHAIRMAN. The gentleman will the Secretary, an additional duty. the 1996 or later crop years. state his parliamentary inquiry. They must also change their reinsur- Mr. DURBIN. Mr. Chairman, I have Mr. DURBIN. Mr. Chairman, would ance agreements with private insur- an amendment at the desk, and I would the Chair clarify the status of time on ance companies who serve as agents for like to inquire of the chairman of the this inquiry and this point of order? the Government in offering cata- committee if he would like to enter The CHAIRMAN. The inquiry does strophic and buy up insurance coverage into a unanimous consent as to the not come out of debate time. under existing agreements that would time for the debate on this amendment Mr. DURBIN. I thank the Chair. have to be amended. The reason for the relative to the tobacco program, and I Mr. EWING. Mr. Chairman, rule XXI, latter is that, the agreements between would like to suggest to the chairman clause 2(c) provides that no amendment the FCIC and the private insurers are that we limit the debate on this to a general appropriation bill shall be normally multiyear, but for fiscal year amendment and all amendments therein order if changing existing law. 1996 because there is an element of to to 1 hour, 30 minutes on each side. b 1930 Government funds, over and above the Mr. SKEEN. If the gentleman will premium, involved in the catastrophic yield, would the gentleman accept 40 The burden is also on the proponent and buyup coverage in crop insurance, minutes, 20 minutes on each side? of an amendment to a general appro- Mr. DURBIN. I would like to think priation bill to prove the language of- some action would have to be taken by that could happen. But honestly I have fered under the guise of a limitation the Secretary or the manager of the 20 requests for time to speak. I think 30 does not in fact change existing law FCIC to change the insurance company minutes is realistic on each side. (CONGRESSIONAL RECORD, pp 18666–7, agreement. There would also be costs Mr. SKEEN. The gentleman is bound June 16, 1976), or impose additional du- involving advertising notices to pro- and determined to extend this thing. ties on Federal officials, not required ducers, banks, and other lending insti- Thirty minutes each side? by law (CONGRESSIONAL RECORD, May tutions about the proposed change to Mr. DURBIN. Mr. Chairman, I ask 28, 1968, p 15350), or implicitly requires cancel coverage. Other ‘‘wind-down’’ unanimous consent that all debate on Federal officials to make judgments costs involving cancelled coverage in this amendment and all amendments and determinations not otherwise re- 1996, as well as the duties and costs in- thereto be limited to 1 hour, 30 min- quired of them by law (CONGRESSIONAL volved in reinstituting notices and reg- utes, equally divided by myself and the RECORD, July 31, 1969, pp 21653, 21675). It ulations concerning coverage availabil- gentleman from New Mexico [Mr. is submitted that even an implicit re- ity in fiscal year 1997. Heretofore, be- SKEEN]. striction on authority to incur obliga- cause tobacco was covered by general Mr. SKEEN. Mr. Chairman, I yield tions otherwise included in an existing notices on major crop coverage there my time on this side to the gentleman contract is legislative in nature and would be a need for notices to banks from Kentucky [Mr. ROGERS]. not a limitation on funds (July 13, 1987, and institutions offering credit and to The CHAIRMAN. Is there objection CONGRESSIONAL RECORD, p 19507). tobacco producers when the coverage to the request of the gentleman from Section 508(b)(1) of the Federal Crop would be terminated in 1996 and the Illinois [Mr. DURBIN]? Insurance Act requires the Federal reinstituted for 1997 tobacco crops. There was no objection. Crop Insurance Corporation to offer a Finally, it is submitted that if the The CHAIRMAN. The time limitation catastrophic risk protection plan to in- Amendment were adopted that it could on this amendment will be 1 hour, demnify producers for crop loss due to have the effect of denying conventional equally divided, 30 minutes by pro- loss of yield or prevented planting and crop insurance coverage for tobacco, ponents and opponents, and all amend- such coverage is provided for tobacco. but make tobacco producers eligible ments thereto. Time for the proponents Section 508(b)(5) of the Federal Crop for the Noninsured Crop Disaster As- will be controlled by the gentleman Insurance Act provides that producers sistance Program (NAP) of section 519 from Illinois [Mr. DURBIN], and the op- shall pay a fee for such catastrophic of the Federal Crop Insurance Act (7 position by the gentleman from Ken- coverage and section 508(b)(7) provides U.S.C. 1519). This program provides dis- tucky [Mr. ROGERS]. that to be eligible for price support and aster assistance, without insurance POINT OF ORDER a number of other benefits from USDA premiums being paid, mainly where Mr. EWING. Mr. Chairman, I reserve the ‘‘producers must obtain at least catastrophic coverage is not available. a point of order against the Durbin the catastrophic level of insurance for I note that crops specifically included July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7347 are Christmas trees, turf grass and in- but as merely constricting the range of try giving advice to growers and farm- dustrial crops. However because there objects to which the accompanying ap- ers as to the best way to grow their could be added cost to the Government propriation may be put. crop. What we are saying is get them of $17 million in FY 1996 according to Accordingly, the Chair overrules the out of the tobacco business. They can USDA if such coverage was given for point of order under clause 2 of rule advise people who are growing crops tobacco crops if this Amendment were XXI. that are good for us how to grow those to be adopted, that possibility should Mr. DURBIN. Mr. Chairman, I want crops more efficiently, but tobacco, to- be considered in the ruling on this to salute my colleagues who have bacco is the only subsidized crop by the Amendment as a violation of section joined me in offering this amendment. Federal Government which, when used 602 of the Budget Act. The gentleman from Utah [Mr. HAN- according to manufacturers’ directions, Also, Mr. Chairman I point to the SEN] and the gentlewoman from Wash- will kill us. It is not an ordinary agri- colloquy last night between Chairman ington [Mrs. SMITH] have been kind cultural crop. It is a killer, and each ROBERTS of the Agriculture Committee enough to join me in this bipartisan ef- year it is the No. 1 preventable cause of and other members when he urged fort. This is an important and perhaps death in America. We cannot say that them to take up matters such as this historic debate on the floor of the U.S. about cotton, or corn, or wheat, sugar in the farm bill and not try to change House of Representatives. We will de- beets, or any other commodity that the the appropriations bill into a farm bill. cide tonight in no small measure Department of Agriculture deals with. He stated he would work with them in whether Uncle Sam is going to get out The second area is crop insurance. such an undertaking. of the tobacco business. Those who grow tobacco buy insurance The CHAIRMAN. Is there further dis- Let me tell my colleagues what ever in the likelihood or in the cir- cussion on the point of order? Member of Congress in this Chamber cumstance where their crop might be Mr. DURBIN. Mr. Chairman, the has faced and what I have faced many endangered because of floods or amendment which I have offered nei- times throughout my career in town drought, whatever it happens to be. ther changes the law nor imposes any meetings where ordinary Americans They pay a premium, but the premium new duties on any Federal employee. asked a very difficult question. ‘‘Con- does not cover the cost of the program. Under the rules of the House, the House gressman,’’ they say, ‘‘if the Federal In other words, when they get paid is free to specify what is not to be Government tells us that tobacco kills back, they receive more back from the funded in a bill. The House may decline you and is dangerous for you, why in Government than they paid in pre- to fund specific activities under rule God’s name do the Federal taxpayers mium. The difference is paid for by XXI. This is a strict limitation and to- have to subsidize the growth of this to- America’s taxpayers, and that unfortu- tally within the four corners of the ex- bacco?’’ nately adds again to the cost that we isting rules and limitation amend- And time and again my colleagues on pay each year to the tune of about $23 ments which have been allowed time the floor here will answer, ‘‘Well, per- million. and again. haps it is not such a good idea; we Today’s debate is not about whether Mr. EWING. Mr. Chairman, I believe ought to do something about it.’’ To- small tobacco farmers will survive. One that I have answered those remarks by night my colleagues have a chance to acre of tobacco can generate 2,000 the gentleman from Illinois [Mr. DUR- do something about it because tonight pounds of product a year, currently BIN] and I would insist on my point of this amendment addresses two specific selling, I understand, for about $1.80 a order. areas of spending on the Federal to- pound; in other words, $3,600 gross. Now The CHAIRMAN. The gentleman does bacco program, mainly the Extension it is much more labor-intensive than insist on his point of order, and the Service and the crop insurance pro- most other crops, but a person with 1 Chair is prepared to rule. gram. acre of tobacco under cultivation can The gentleman from Illinois [Mr. Mr. Chairman, I wish it were within expect to make several thousand dol- EWING] makes the point of order that my legislative power to completely lars from that 1 acre. In my part of the the amendment offered by the gen- abolish the tobacco programs at the world where we grow corn, if someone tleman from Illinois violates clause 2 Federal level tonight with this amend- can net $200 an acre from growing corn, of rule XXI by legislating on a general ment, but, because of budgetary con- they are lucky. If someone is a tobacco appropriation bill. straints, I cannot. What I will attempt grower under the program, we are talk- The amendment of the gentleman to do with this amendment is to ad- ing in terms of several thousand dol- from Illinois [Mr. DURBIN] is in the dress two large parts and very serious lars. form of a limitation. It prohibits funds parts of our Federal tobacco program, The program continues, the tobacco in the bill from being used to carry and I hope in so doing to not only dem- allotment program will continue, those out, or pay the salaries of personnel onstrate why this is good philosophi- profits will continue for those families. who carry out, certain tobacco pro- cally, but good from a budgetary view- They can afford to buy their own crop grams, including crop insurance for to- point. insurance. bacco. First and foremost, the tobacco The issue here is should the Federal The precedent cited by the gen- growers and their supporters on the Government use taxpayers’ dollars to tleman from Illinois [Mr. EWING] (July floor will tell us time and again until subsidize this crop. I will tell my col- 13, 1987, which appears in the CONGRES- they are blue in the face that the to- leagues I would like to have every SIONAL RECORD at p. 19507) is distin- bacco program does not cost the tax- Member of Congress tonight to have an guishable. The language ruled out on payers anything. My colleagues will opportunity the next time that a town that occasion was a proviso in a para- hear that tonight at least a dozen meeting comes up to say, ‘‘Yes, I cast graph of a general appropriation bill times and believe each time they have a ‘‘yes’’ vote for the Durbin-Hansen- proscribing the incurring of obligations heard it that it is not true. The to- Smith amendment to make it clear for certain facilities that was not in bacco program costs American tax- that Uncle Sam ought to get out of the the form of a proper limitation on payers each year $42 million, $42 mil- tobacco business. We have no business funds in the bill. lion of Federal tax money going to sup- subsidizing the growth, production, and The amendment offered by the gen- port an industry that generates $40 bil- processing of a product which kills tleman from Illinois [Mr. DURBIN] how- lion a year in sales, 40 billion. These hundreds of thousands of Americans ever, is in the form of a straight limi- are not mom-and-pop pauper oper- each year.’’ tation. It is a negative restriction on ations. These are huge tobacco compa- Mr. Chairman, I reserve the balance the availability of funds in a general nies working in many instances with of my time. appropriation bill that merely restricts huge tobacco growers, and we still sub- b the availability of funds and refrains sidize their effort. 1945 from prescribing duties or requiring de- The amendment which I have intro- Mr. ROGERS. Mr. Chairman, I yield terminations of governmental officials. duced addresses the Extension Service. myself 2 minutes. A straight limitation on funds is not We have men and women in the Exten- Mr. Chairman, I rise to speak against considered as changing existing law sion Service traveling across the coun- the amendment. Let us be clear what H 7348 CONGRESSIONAL RECORD — HOUSE July 20, 1995 the Durbin amendment does. This Chuck Edwards is the foremost expert ages about three acres. People in North amendment does not reduce spending in the West in taking care of people Carolina are already telling me they in this appropriations bill. Read it for who have cancer of the jaw and the lar- are losing two-thirds of their crops this yourself. We will not cut a penny in ynx. You ought to see that. I wish Dr. year, and if they do not have insur- this bill. What the amendment does do Edwards was here and everybody in ance, they are broke. They cannot go though is discriminate against the this House was forced to look at this, diversify. They cannot go and become small farmers in the tobacco growing and everybody in America, because some other kind of farmer. They can- regions of this country in favor of large what he does is he shows these films. not go to Illinois and rent some land corporate growers. He takes their face off and puts it up and grow corn on three acres. You can- Let us be sure what we are doing over their head, and then he goes into not make enough money growing corn here. You are giving the big advantage that area and he cuts off their jaw, and on three acres. to the big corporate growers, and you then he puts a hole in their trachea, This is not going to stop one individ- are cutting out the very small one acre and that is how they breathe. ual in this country of ours from begin- plot growers. That is who you are hurt- He talks about all these young people ning to smoke, or quit if they already ing, I would say to the gentleman from who take this little round can they smoke. But what it is going to do, it is Illinois [Mr. DURBIN]. That is who this keep in their back pocket, and take it going to hurt that small farmer, that is amendment hits. Whether the gen- like this and stuff it down in their trying to send his kids to school, to get tleman is aiming there or not, that is mouth. He says, ‘‘There is 100 percent them through school and get them where it hits. They will be denied basic chance, if they live to the age of 60, we through one of our universities where assistance available to any other farm- will take their jaw.’’ they can go out, get some training, and er, particularly the big farmers. Who in their right mind can tell me, get a better job. They are trying to The corn farmer in the gentleman’s what doctor will stand up and say that raise their families. They made com- district is welcome to get help from the this is not one of the greatest killers mitments. They cannot diversify. extension agent, thank you very much. there is in America today? And we sub- Mr. Chairman, this is not a health But my farmer is told, ‘‘No, we don’t sidize it. This is a Kevorkian budget amendment, this is an economic like what you grow, we are going to subsidy if I have ever seen one. amendment. You are not going to stop refuse to help you.’’ It says to my We find ourselves in the position one individual in the United States of farmers, ‘‘Even though Federal law re- where we talk about 350,000 people that America from smoking because of the quires you to participate in the crop went up in smoke in a mushroom cloud Durbin amendment. What you are in the days of Hiroshima and Nagasaki. insurance program, we are prohibiting going to do is you are going to penalize Now we kill 400,000 of them, and this you from doing so,’’ forcing that small this small farmer that is up to his ears group, this Congress, supports it. It is family farmer to break the law that in debt, he has obligated his farm, and unbelievable to me that Congress will this Congress wrote. he is trying to make it from year to take it upon themselves to support this The intent of this amendment, as the year. That is who you are going to dev- kind of thing. gentleman said, is to get people to quit I do not worry about my friends here astate, and that is who we are not here smoking. Well, let me explain to Mem- that smoke. That is fine. Go ahead. We to devastate, is the small farmer. bers how this thing works. The gen- are old guys. We are going to die any- I would urge Members, when you con- tleman from Illinois [Mr. DURBIN] does way. I am worried about that kid, that sider your vote, consider that small not understand that the tobacco allot- teenager. Do not tell me the Marlboro farmer and his family that is trying to ment program holds down production man and Joe Camel is there to try to make a living. He and the wife both of tobacco. If you lift that program, get him to change from one to another. work and the children work, and it is a the big, huge corporate growers are That is there for one reason and one legal product, and it was $5.8 billion going to grow tobacco like it is going reason only, and that is to get young- that came into the economy of this out of style. They will import tobacco sters to smoke. There is a 31 percent country last year because of tobacco. It from all over the world. People are increase in 2 years of 8th graders, 31 is legal. Vote against the Durbin going to smoke cigarettes, it will be percent increase, that are now smok- amendment. foreign tobacco or big producer to- ing. Mr. DURBIN. Mr. Chairman, I yield bacco, and the cigarette prices will I would suggest that Members read two minutes to the cosponsor of the plummet, and you will see a rash of this month’s issue of Reader’s Digest. amendment, the gentlewoman from the smoking increases. The tobacco control It talks about a tobacco lobbyist. It State of Washington [Mrs. SMITH]. growth program holds down the pro- talks about all the money he received (Mrs. SMITH of Washington asked duction of tobacco, propping up the to walk around here and convince you and was given permission to revise and price of cigarettes. You remove that, and convince me that we are supposed extend her remarks.) and cigarettes go dirt cheap. to do everything in our power to keep Mrs. SMITH of Washington. Mr. Mr. Chairman, I ask you, is that this subsidy on. Chairman, I first want to thank the what you really want? While you pro- This is the time that America can gentleman from Illinois [Mr. DURBIN] mote smoking, you are killing off the make a difference. This is a time to do and the gentleman from Utah [Mr. small growers in the country in favor something for the American people. I HANSEN] for having the courage. I of the large corporate growers. I urge urge Members to support the Durbin- found out over the last couple of days Members, reject Durbin. Hansen-Smith amendment. it takes courage to go up against the Mr. DURBIN. Mr. Chairman, I yield 3 Mr. ROGERS. Mr. Chairman, I yield 2 tobacco industry. You not only get a minutes to the gentleman from Utah minutes to the gentleman from North lot of calls to your office, you get a lot [Mr. HANSEN], a cosponsor of the Carolina [Mr. HEFNER]. of pressure. amendment. (Mr. HEFNER asked and was given This amendment will not just save (Mr. HANSEN asked and was given permission to revise and extend his re- $23 million, but it is the right thing to permission to revise and extend his remarks.) do. On my desk each day I read in front marks.) Mr. HEFNER. Mr. Chairman, that is of me, it is a quote from Abraham Lin- Mr. HANSEN. Mr. Chairman, let me a kind of tough act to follow. This the coln, and it says ‘‘I am not bound to point out to Members that this amend- first time you have heard there is no win, but I am bound to be true. I am ment we are working on does not hurt subsidy for tobacco, and if this amend- not bound to succeed, but I am bound the family farmer. They still have ac- ment passes, not one person, not one to live up to what light I have. I must cess to tobacco price support programs person is going to stop smoking. It has stand with anybody that stands right and their crops will still be in demand. nothing to do with people stopping and part with him when he goes wrong. Furthermore, tobacco is a very lucra- smoking, and it is not going to affect Abraham Lincoln.’’ tive business and I am sure they can af- the argument that the gentleman I am parting with you who are sup- ford to stay in this business. made. porting the tobacco industry because I Let me tell you about a man who is Let me tell you who it is going to think you are wrong. I have to tell you my neighbor, Dr. Chuck Edwards. hurt. It is this small farmer who aver- that when I go into my home area one July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7349 of the top issues that they ask me is, Mr. Chairman, I rise in opposition to going to explain to people that we are Linda, in downsizing government, have the Durbin amendment. It would dev- going to cut back on school lunches, we you got rid of that tobacco subsidy astate the economy of key Southern are going to cut back on programs for yet? And I said no, but I am going to do States like Georgia. Tobacco growers poor people and the elderly, but we are it. I just did not realize how bad it would be only farmers who will be pun- going to continue subsidizing the to- would be. ished. This is a punitive effort. bacco farmers? I want to tell you clearly this is a Since the Depression, we have been We do not dictate whether a person subsidy. Some say when the govern- denied access to government research, smokes or not. That is an individual ment pays for your insurance it is not to education, and to extension services decision. But it ought not to be a subsidy. Some say when they pay for for a legal crop. We are not talking sudsidized by the American people in the extension agents to help you grow about growing marijuana here. We are any way, shape or form. a better crop to market to our chil- talking about a legal crop. And it is an This amendment is a small step. dren, it is not a subsidy. But when I administrative nightmare that is about There are other subsidizations that we tell you the bottom line is $23 million to be created here. It is misguided. have through the tax deductions that spent from your taxes, folks, you in What the amendment says with re- the tobacco companies take in order to this room and the other folks out there gard to extension agents’ salaries is promote their product, and there is no in America, I have to tell you, it is $23 that the salaries will not be paid if product for which more money is spent million, and they should be giving us they provide any services to help to- to promote than tobacco itself, some- money. bacco growers. But what about the peo- thing like $3-, $4-, $5-billion a year. My mother died younger than I am of ple in those counties that do not grow They are making an enormous cancer. I had a friend die over the tobacco? Their salaries would be cut, amount of profit from the disease and weekend of cancer, a young man, a so they cannot even help the ones who death of people who are their cus- pack-a-day smoker. There is no jus- grow corn. tomers. I believe they are enlisting tification for subsidizing tobacco. That does not make any sense. This kids to become smokers to replace Teach them to grow another crop. It is amendment is misguided, it is puni- those that are dying off. a lucrative crop, but they can grow an- tive, it is a slap in the face to southern Do not subsidize it with taxpayers’ other crop. I am not saying right now States. It is a slap in the face of farm- funds. I urge adoption of the Durbin they cannot grow the crop. I am just ers, small family farmers, who work amendment. saying, do not spend the taxpayers’ hard. Why shouldn’t they have crop in- Mr. ROGERS. Mr. Chairman, I yield 2 money. Please folks, do what is right. surance if they grow a legal product? minutes to the gentleman from North Do not do what the tobacco industry Why should they not be able to help Carolina [Mr. BURR]. wants. support their families and the economy (Mr. BURR asked and was given per- They were prowling the halls here of this Nation? mission to revise and extend his re- yesterday and the day before. Ignore Nine thousand farmers in my State marks.) them and do what is right and vote of Georgia make their living growing Mr. BURR. Mr. Chairman, in fact, we against the tobacco subsidy and for tobacco. Twenty-eight thousand ware- are here tonight and I rise in opposi- this amendment. houses, other in the retail industry. tion to an amendment that does need Mr. ROGERS. Mr. Chairman, I yield 1 exploring. The truth is that we are minute to the gentleman from western Overall, the tobacco industry contributes to the economy of Georgia thou- here to talk about an amendment that Kentucky [Mr. WHITEFIELD] to explain will, in fact, eliminate crop insurance that there is no tobacco subsidy any- sands and thousands and thousands of to one small segment of our agricul- more. dollars for a legal product. Mr. WHITFIELD. Mr. Chairman, I submit to you that the amendment tural industry, tobacco, while corn, there has been a lot of discussion this is misguided, it is an administrative wheat and everything else continues to evening about the tobacco industry, nightmare, it will punish the growers receive that special privilege. and when you talk about the tobacco of crops that are non-tobacco crops in We say to an extension agent, you industry, what you are talking about is counties where they do grow tobacco. can go to a farm and you can talk 126,000 small farmers around this coun- It just makes absolutely no sense. It is about other agricultural products. You try who have grown tobacco legally in a case that reminds me of the years of can even discuss the grass in that America since really the founding of prohibition. farmer’s front yard. But if he asks you this country in Jamestown. The CHAIRMAN. The gentleman about tobacco, by law, Congress says Really what this amendment is from Kentucky [Mr. ROGERS] has 23 you cannot talk to him about it. It about, this administration has made a minutes remaining, and the gentleman does seem a little strange, and it does conscious effort to try to destroy the from Illinois [Mr. DURBIN] has 20 min- not make a lot of sense. tobacco industry. It is a legal crop and utes remaining. The authors of this amendment are not trying to balance the budget. They there are many things in our society b 2000 that we do not like. We do not like to are not even trying to streamline the see bad things happen to children or Mr. DURBIN. Mr. Chairman, I yield 2 Department of Agriculture. They want women or anybody else. minutes to the gentleman from Califor- to kill a crop. They want to kill to- My mother-in-law, for example, nia [Mr. WAXMAN]. bacco. smoked until she was 94 years old, and (Mr. WAXMAN asked and was given Will they kill the family farm? Abso- we know that smoking does cause can- permission to revise and extend his re- lutely. Do they care? Absolutely not. cer in some instances, and other times marks.) Farmers are trying daily to survive, to it does not cause cancer. But it is an Mr. WAXMAN. Mr. Chairman, this is pay their mortgage, to educate their individual decision. It is not something the kind of debate that mystifies the children, to contribute to their com- that the Government should be dictat- American people. The Federal Govern- munity. But they do not care. ing. ment and every medical expert in this I would say one thing to the authors This amendment, this Durbin amend- country has told us that cigarette of this bill. If you want to kill tobacco, ment, is a discriminatory amendment smoking is the leading cause of pre- then introduce a bill. Be brave enough against small tobacco farmers who ventable death. On tonight’s news, we to ask for what you want. Do not hide have the right to grow a legal crop, and heard that young people are starting to behind something that kills people who I think it would be a serious mistake smoke again in large numbers. That is do not have a voice in it, the small to adopt the amendment, and I urge its a public health menace. farmers in this country. defeat. So on the one hand, we are telling This is exactly the type of legisla- Mr. ROGERS. Mr. Chairman, I yield 2 people not to smoke, and on the other tion, Mr. Chairman, that in fact the minutes to the gentleman from Geor- hand, we are subsidizing the tobacco American people are sick of and I as a gia [Mr. BISHOP]. industry. What kind of signal is this to Member of Congress am sick of it. Do Mr. BISHOP. Mr. Chairman, I thank the American people? What kind of sig- what is right. Defeat the Durbin the gentleman for yielding. nal is it to our children? How are we amendment. H 7350 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Mr. DURBIN. Mr. Chairman, I yield 2 mile and your turn around and you row and said, dad, mom, I started minutes to the gentlewoman from Utah drive back. smoking today? Would you be happy if [Mrs. WALDHOLTZ]. You cannot do that in these little that happened? Mrs. WALDHOLTZ. Mr. Chairman, communities. These are hilly country, We talked about a lot of farmers here the discussion tonight is not about rocky country. About the only thing today. We ought to talk about a lot of whether this is a legal crop. It is. This they can grow is tobacco, and that is kids and the $6 billion that the tobacco is not about trying to drive farmers why the average tobacco patch is only companies spend every year on pro- out of business. We are not trying to 3.3 acres. It takes a family. It is squat motion and advertising to get these take anyone’s livelihood away from labor. It is the whole family that gets kids addicted. them. out and works together to get this crop Second, I represent a district that The question tonight is about wheth- in and then get it in the barn. lost 38,000 jobs, count them, between er the Government of the United Without the tobacco, it means that 1977 and 1987, and I am very sympa- States is going to encourage behavior there are no grocery stores, because thetic with the problem that the to- that we know kills people. there is no one to buy groceries. There bacco farmers are having. But I find it Mr. Chairman, we are talking in this is no filling stations, because there is very interesting that the tobacco com- Congress about how to preserve and nobody to buy gas. There is no phar- panies do not care. If they care, we, 2 protect Medicare. We are tearing our macies, because there is no one to go to years ago, would not have had to enact hair out to figure out how we can pre- the drugstore. a limitation on imported tobacco com- serve those benefits for people for the So make no mistake about it. This ing into this country because so much coming generations. Yet, it has been amendment is not about deficit reduc- of the tobacco that the companies use estimated that over the next 20 years tion. This amendment is not about was from other countries, not from we will spend $800 billion on Medicare smoking. It is about allowing small those poor farmers who are losing their patients who need treatment for smok- communities in the South to continue jobs who they trot out in front of them ing-related illnesses, $800 billion. to be able to exist and allowing farmers to take that first volley of fire, because It is not just impacting seniors. It is to raise their family and see that they they have no place to hide. impacting children. Pregnant women are able to improve their life, just like Finally, the issue of saving $23 mil- who smoke have a 50 percent greater everyone here wants to see their fami- lion, that is still a lot of money from chance of a miscarriage or a low birth ly’s life improved. where I come from, and if you want to weight child. So we are impacting our Mr. ROGERS. Mr. Chairman, I yield 1 protect those farmers, if you want to children. We are impacting our seniors. minute to the gentleman from Illinois give them insurance, let the tobacco The question we have to ask our- [Mr. EWING], chairman of the Sub- companies take some of their $6 billion selves tonight is why the government committee on Risk Management and in profits and spend $23 billion to help of the United States should encourage Speciality Crops. those farmers insure their tobacco so and subsidize that behavior by paying Mr. EWING. Mr. Chairman, I thank they can continue to grow it in safety. for people to find out how to grow more the gentleman for allowing me to Mr. ROGERS. Mr. Chairman, I yield 2 tobacco, by paying for crop insurance speak out on this. minutes to the gentleman from Ken- for tobacco. I wish that my colleague from Illi- tucky [Mr. BAESLER], the only tobacco Yes, it is a legal activity, but pay for nois would have introduced a bill, if he farmer in the House of Representa- it on your own. The government of the really wanted to get smoking, to make tives. United States should no longer encour- it illegal. I am a reformed smoker, and Mr. BAESLER. Mr. Chairman, I age a behavior that harms our chil- I understand that. I do not encourage think we have had a lot of discussion dren, that harms our seniors, by con- it. about what this amendment is not. tinuing to pay for this activity. But what you are doing here, you are Being a tobacco farmer, this year in Those who want to continue to not affecting the program at all. You June we are all in Kentucky putting smoke, to use tobacco, to grow to- are just twiddling with it around the out tobacco and working with it. What bacco, let them do it on their own. But edge. You are doing things to a pro- this amendment tells me as a tobacco let us stop paying for it. gram that provides income to the farmer and all of the other farmers in Mr. ROGERS. Mr. Chairman, I yield 2 American Treasury, that provides ex- Kentucky and North Carolina, if I have minutes to the gentleman from Ten- port and helps us with our balance of a disease in my crop this summer, if I nessee [Mr. GORDON]. trade. have something going wrong in my Mr. GORDON. Mr. Chairman, let me My colleagues, go to Kentucky, go to field, I cannot go ask the county exten- first recognize the sincerity of the pro- Georgia, go to North Carolina and see sion agent what the problem is. ponents of this amendment, but let me how these people live and see if the It also tells me later on when that also say very clearly I rise in opposi- Durbin amendment is not affecting the disease, blue mole or black shag, takes tion to this amendment, and I want to lives of small people. It is. all of my crop, that I am not entitled clarify what this amendment is not If you want to make tobacco illegal, to Federal crop insurance to help pay about. do it. Try and do it up front. But do not for that disaster. If the Ohio River This amendment is not about smok- twick around the edge. That is not fair floods, on one side we might be in Illi- ing, whether juvenile or adult smoking. to the people you are messing with, nois, those farmers can acquire Federal It has nothing to do with smoking. and it certainly is not fair to this Con- crop insurance to take care of them. A This amendment is not about deficit gress. tobacco farmer from Kentucky cannot. reduction. It has nothing to do with Mr. DURBIN. Mr. Chairman, I yield 2 This is not about health. This is deficit reduction. minutes to the gentleman from Indiana about fairness. We are going to tell one Every small family farmer pays an [Mr. VISCLOSKY]. group of farmers in the United States assessment on every pound of tobacco Mr. VISCLOSKY. Mr. Chairman, I who pay their taxes, tobacco generates that they grow. This amounts to over rise in strong support of the Durbin- $12 billion a year to the United States, $30 million a year that goes to the Hansen-Smith amendment. States and local governments. We are Treasury, so it has nothing to do in I would like to address three sets of going to tell one group of farmers, you any way with deficit reduction. people here: children, farmers, and to- are not deserving to go to the exten- What it does have something to do bacco companies. sion service to get help. Every other with is whether or not small, rural The gentleman from Utah [Mr. HAN- farmer in the United States is, but you counties and communities in the South SEN] in his remarks earlier said that cannot. can exist. Tobacco is the only crop smoking among eighth graders has in- We are going to tell that same group they can grow in these communities, creased 30 percent in the last 3 years. of farmers, if the Durbin amendment unlike in Illinois and other commu- As the gentleman from Illinois [Mr. passes, you cannot have Federal crop nities where they have farms with hun- DURBIN] asked rhetorically several insurance to protect your investment. dreds of acres, long rows where you get years ago, would any of you be happy if You folks do not know the first thing on that tractor, and you drive a half your eighth grader came home tomor- about the profitability of tobacco. I July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7351 have heard three people here talk hope that all of us would, and all of us sistance to the Agriculture Depart- about the profitability who are basi- would realize the problems caused by ment’s research programs. This amend- cally ignorant about the profitability tobacco. Tonight we can start to make ment extends the prohibition to crop of tobacco. the changes in this country that will insurance and extension services. So it is a question of fairness. It is be in the best interests of all of us. It is time for the Federal Govern- not a question of health. It is a ques- Mr. ROGERS. Mr. Chairman, I yield 1 ment to get out of the tobacco busi- tion of fairness. Tell these farmers minute to the gentleman from North ness. I urge my colleagues to seize the they are not as deserving as all of the Carolina [Mr. JONES]. opportunity to move one more step to- other farmers, and continue [Mr. DUR- Mr. JONES. Mr. Chairman, I rise toward accomplishing that goal by sup- BIN], continue, the gentlewoman from night in opposition to the Durbin porting the Durbin-Hansen-Smith Washington [Mrs. SMITH], continue to amendment. The denial of extension amendment. take the money from these farmers and services and Federal crop insurance Mr. ROGERS. Mr. Chairman, I yield 2 what they generate throughout this will destroy the family farmer and the minutes to the gentleman from Vir- country, but do not let them partici- economy of rural America. In my State ginia [Mr. PAYNE]. pate like the other farmers. of North Carolina alone, the production Mr. PAYNE of Virginia. Mr. Chair- Mr. DURBIN. Mr. Chairman, I yield 2 of tobacco employs approximately man, I rise in strong opposition to the minutes to the gentleman from Dela- 260,000 people; more specifically, one in Durbin-Hansen-Smith amendment. ware [Mr. CASTLE]. 12 people have a tobacco-related job. This misguided amendment will not Mr. CASTLE. Mr. Chairman, we have Every year the Federal Government allow small tobacco farmers to call heard numerous times, maybe 50 times counts on $25.9 billion in tobacco-relat- upon the guidance of their USDA agent in the course of all of these amended revenues, compared to the approxi- about some important environmental ments, that we want to send somebody mately $16 million in costs to USDA to concerns, such as how to distribute fer- a message. It is stated in a variety of administer the program, quite a return tilizer without causing damage to soil ways, generally dealing with small for the Federal Government. or water, or how to apply insecticide amounts of money in some way or an- Mr. Chairman, I would like to ask my safely and properly, or how to combat other. I think we send the most con- fellow Members, who will shoulder the agricultural plagues, such as blue mold fused message possible with respect to revenue loss? The taxpayer? I think and target spot. These are matters im- our tobacco policies in the United not. In this time of budget cuts, we portant to our environment. It would States of America. need to think twice before attacking also strip away from the tobacco farm- We indeed have support systems for the very heart of an industry that gives er his ability to purchase crop insur- crop insurance, for extension and for back so much to this country. Mr. ance, like all other farmers can do. various other aspects, but it would in- Chairman, I ask Members to vote no on Mr. Chairman, this amendment is a dicate in that way that we bless the the Durbin amendment. direct assault on the hardworking men growing and the selling of tobacco and Mr. DURBIN. Mr. Chairman, I yield 2 and women, farmers who grow tobacco the Federal Government is a part of it. minutes to the gentlewoman from in my district and in the southern part b 2015 Maryland [Mrs. MORELLA]. of the United States. Even worse, some On the other hand, we condemn it. Mrs. MORELLA. Mr. Chairman, I would have us believe that this amend- The Surgeon General condemns it, we thank the gentleman for yielding time ment eliminates the Federal Govern- have studies which have condemned it, to me. ment subsidy to tobacco-related pro- we have proclamations which do so. We Mr. Chairman, I rise in support of the grams. do know a few things. We know tobacco Durbin-Hansen-Smith Amendment. Let me set the record straight. There is very deadly, that it can create great This amendment would save $23 million is no direct government subsidy for to- mischief in our society, but we know by eliminating Federal funding for tobacco. The gentleman from Kentucky there are huge costs attached to this bacco extension services, and crop in- [Mr. ROGERS] has already spoken to well beyond the $23 million we are surance. that. Furthermore, and I think impor- talking about here tonight. Under the Durbin proposal, debate on tantly, tobacco’s importance to our We have other costs. When we look at the future of the tobacco price support Federal, State, and local government Medicare, Medicaid, we look at lost program is deferred to the Farm Bill. can be summed up in one figure. That productive time in our economy, there However, there are other tobacco-relat- figure is $62,300. Sixty-two thousand are all manner of ways in which we can ed activities that are costing the tax- dollars is the amount of money per measure the cost in terms of what has payers money. Administrative costs to acre that tobacco generates for the happened with tobacco. run the price support program and republic sector. This is money that flows We know our children suffer because lated crop insurance, as well as mar- into the general revenue of the U.S. of tobacco. I did not even know what keting costs to promote the auction Treasury and that of many of our Joe Camel was. I thought it was sort of sales and production of tobacco are States, to be used for discretionary a joke when I heard about it. Then subsidies that keep the red ink flowing. spending on such things as agricultural somebody pointed out to me that it The tobacco industry makes large programs. was appealing to children, and was a profits on their products. As a matter I believe these numbers in fact speak very serious problem in terms of to- of fact, 68 cents of each dollar that is for themselves. The Federal Govern- bacco is concerned. spent by consumers on tobacco prod- ment does not subsidize the tobacco I believe even if the Federal Govern- ucts goes to manufacturers and dis- program. Tobacco does contribute very ment removes itself from the ring, the tributors. Only 3 cents goes to the positively to the U.S. Treasury. How- big tobacco companies will probably growers. Manufacturers are turning ever, this amendment would allow any move in and help out with the small their sights overseas, while the number farmer in the Nation to utilize USDA farmers. I do not think there will be of tobacco farms and manufacturing services, except our tobacco growers. any loss there. I think at that point jobs have dropped. Ironically, the poli- This amendment would allow any the Federal Government will be send- cies set forth by Congress to help the farmer in the United States to partici- ing one clear message to everybody in small family tobacco farmer are actu- pate in Federal crop insurance, except the United States of America, and that ally benefiting the tobacco industry. I tobacco growers. Do not be fooled by is that we are not going to be involved believe that we will be able to address this amendment. It is not about smok- in tobacco; that if you are going to the plight of the small family farmer ing, it is blatant discrimination smoke, smoke with great caution; that when the House debates the 1995 farm against small tobacco farmers. Vote we can sell the programs of trying to bill. against this amendment. make sure we go out and point out the The amendment before us is merely Mr. DURBIN. Mr. Chairman, I yield 3 problems to the people of the United an extension of legislative actions minutes to the gentleman from Massa- States of America. taken by past Congresses. In 1994, the chusetts [Mr. MEEHAN]. It is for this reason that I support the Agriculture appropriations bill ex- Mr. MEEHAN. Mr. Chairman, I rise Durbin-Hansen-Smith amendment. I tended the prohibition on tobacco as- in support of Durbin-Hansen-Smith H 7352 CONGRESSIONAL RECORD — HOUSE July 20, 1995 amendment, to finally end the $23 mil- Mr. ROGERS. Mr. Chairman, I yield 1 have to have the same help that the lion giveaway to the tobacco industry. minute to the gentleman from Georgia farmers of the gentleman from Illinois Each year 420,000 people die from to- [Mr. CHAMBLISS]. [Mr. DURBIN] have in Illinois from our bacco-related illnesses, which makes it (Mr. CHAMBLISS asked and was extension service, so we know how to the leading cause of preventable death given permission to revise and extend do it better in Kentucky. Remember, it in the United States today. Each day his remarks.) is a legal commodity. They are not 3,000 kids pick up their first tobacco Mr. CHAMBLISS. Mr. Chairman, I outlaws, our small farmers. product. According to the FDA’s diag- urge my colleagues to oppose what I This bill will do not one thing, I say nosis, they become inflicted with a pe- call ‘‘the harass the tobacco farmer’’ to the gentlewoman from Washington diatric disease. This epidemic costs our amendment to the agriculture appro- [Mrs. SMITH] and the gentleman from Nation’s economy over $100 billion in priations bill. Having lived in Georgia’s Utah [Mr. HANSEN], to prevent smok- health care and lost productivity. How farm belt all my adult life, I under- ing. It will not only hurt the big to- can we give one cent of taxpayer stand farm programs. I live in the most bacco companies, it will not decrease money to support this industry? diversified agricultural county east of the deficit, it will only treat the small The tobacco industry spends billions, the Mississippi River. I have had the farmers of America like criminals. not $23 million, Mr. Chairman, but bil- privilege of working with farmers on a b 2030 lions of dollars in advertising and mar- daily basis for the last 26 years. I un- keting to entice children. An industry derstand how farm programs work. I It is bad policy. It is unfair. It is that snares 3,000 new customers a day understand that there is a big dif- wrong to do it, and I urge the defeat of into a lifelong addiction does not need ference in improving farm programs the Durbin amendment. Mr. ROGERS. Mr. Chairman, I yield 2 our help. Already Joe Camel is more and harassing farm families. minutes to the gentlewoman from recognizable to 5-year-olds than Ronald Let me tell the Members what the North Carolina [Mrs. CLAYTON]. McDonald. We should be debating how difference is, why we are talking about to regulate and restrict this industry, Mrs. CLAYTON. Mr. Chairman, this corporate farmers versus small farm- debate is neither about the morality of not how to support it. ers. A corporate farmer does not de- Not only does the tobacco industry smoking nor the mortality of tobacco. pend on crop insurance to pay his bills. This amendment offered by my col- target children, it has the distinction He does not depend on crop insurance of not being truthful to the Congress, league, the gentleman from Illinois to educate his children or pay his oper- [Mr. DURBIN] who I respect, does not ei- to numerous Federal agencies, and to ating loan. The small farmer does. the American people. How many times ther address the value or disvalue of The corporate farmer does not de- smoking, although I respect his posi- have we heard that the tobacco indus- pend on the extension service agent. try does not market to children, that tion. In fact, I am one who does not ad- The corporate farmer can afford to go vocate smoking; in fact, fear that nicotine is not addictive, or that the to Athens or Tifton or Lexington and level of nicotine is not manipulated by smoking is a health problem. hire a specialist to come in and check Mr. Chairman, this is misdirected. tobacco companies? his field. The small farmer depends on Mr. Chairman, the tobacco industry This is misdirected to achieve a noble that extension agents who comes to his goal, a noble goal to say to people they has not been telling the truth. The field and work tireless hours, day and American Medical Association knows should not smoke because smoking is night. If Members do not want to throw bad for your health. It is an adult elec- that they are lying. The FDA knows a blindsided knockout punch to the that they are lying. The American peo- tion. Certainly we do not want to en- family farmer of this country and to ple know that they are lying. Accord- courage tobacco companies, to make the rural district of America, I urge ing to their own internal documents, sure they advocate smoking for chil- Members to vote ‘‘no’’ on the Durbin the tobacco industry knows that they dren, at least this Member does not. amendment. The Durbin amendment does neither have consistently misrepresented the Mr. ROGERS. Mr. Chairman, I yield 2 truth. When are we, my colleagues, of these issues, address health value, minutes to my colleague, the gen- going to learn? nor does it raise the opportunity for tleman from Kentucky [Mr. BUNNING]. Usually when I rise in favor of elimi- people to cease smoking. It actually Mr. BUNNING of Kentucky. Mr. nating programs, I like to point out will hurt our Nation’s farmers. You Chairman, I rise in strong opposition that in order to balance the budget, have heard that over again. to the Durbin amendment. This is a difficult choices need to be made, and Mr. Chairman, in my district, I have mean-spirited attack on the small that as conscientious legislators, we more flue-cured tobacco grown in my farmer throughout the South. The gen- have to balance the good programs and district than any other part of this what they achieve with their cost to tleman from Illinois [Mr. DURBIN] does country, and I expect you naturally to the American taxpayers. Not today, not like smoking, but this amendment say that, EVA CLAYTON, because you not with tobacco, not with this amend- will not stop one person from smoking. are from North Carolina. Yes, I am ment. The Durbin-Hansen-Smith It will only hurt the small tobacco from North Carolina and I know that amendment is an easy choice. We must grower in my district and throughout my farmers are not the villains. They pass this amendment tonight. the South. are, indeed, the victims. Mr. ROGERS. Mr. Chairman, will the The opponents of tobacco always They are people who often tell their gentleman yield? imply that we should not pay farmers boys and girls, ‘‘I teach you to grow it Mr. MEEHAN. I yield to the gen- to grow tobacco. We do not. Let me re- but I teach you not to smoke it.’’ They tleman from Kentucky. peat that, the Federal Government are trying desperately to make a liv- Mr. ROGERS. Mr. Chairman, I would does not pay subsidies to farmers to ing, a decent living for their life. In ask the gentleman, does he realize that grow tobacco. The government only fact, many of them wish they did not the amendment that is being offered by pays for the administrative cost of the grow tobacco, but that is their fate in the gentleman from Illinois [Mr. DUR- tobacco program, which the farmers life. BIN] is being directed at the small to- pay back to the government. Over $20 Mr. Chairman, why should we dis- bacco growers, not Phillip Morris? billion in Federal, State and local criminate against those who happen to They would benefit. They would be al- taxes are paid by the tobacco compa- be growing a legal crop that they will lowed to grow tobacco by the tons of nies annually into the Treasury of Ken- receive no extension service, and when acres. It is the small farmers that are tucky and the United States of Amer- they need crop insurance, they will not being hurt by this amendment, does ica. receive any crop insurance? This is the gentleman realize that? Sure, our government also offers misguided. It is discriminatory in its Mr. MEEHAN. I am well aware of it. some of the same programs, like crop application, whether worthy or not. That is a $23 million giveaway long, insurance and extension service, to to- Mr. Chairman, I urge defeat of the long overdue. I think it is time we turn bacco farmers, but we should offer Durbin amendment. around and give the American taxpayer them the same services that the other Mr. ROGERS. Mr. Chairman, I yield 1 a break and give the American public a farmers receive. We need that help minute to the gentleman from Florida break. with out small tobacco farmer. We [Mr. PETERSON]. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7353 Mr. PETERSON of Florida. Mr. I was crazy to take on the tobacco There is a lot at stake here. This is Chairman, I thank the gentleman for lobby; they were too big and too power- not another farm crop. This is the only yielding me the time. ful and I was not only going to lose, crop subsidized by American taxpayers Mr.Chairman, I rise in strong opposi- but I was going to be embarrassed in which, when used according to manu- tion to the Durbin amendment. I un- the way that I lost. Eight years ago on facturers’ directions, will kill you. It is derstand the gentleman’s objectives, this floor, by a margin of five votes, we the only one. but I think he misses the mark. What passed the ban on smoking on air- My colleagues who come up here and happens here is we are not going to re- planes. say treat it like any other farm crop duce the consumption of tobacco. We The people who spoke that day rep- would like to ignore the death and de- are going to reduce perhaps produc- resented the diversity of the U.S. struction caused to American families tion.What does that do? It ruins the House of Representatives as those who every year by this insidious crop. It is economy of many southern States and have spoken this evening in support of time for us once and for all to break communities, and it ruins millions of this amendment. The gentleman from the tobacco habit at the Federal level, small farmers. Utah [Mr. HANSEN], the gentlewoman to put an end to this subsidy. This Mr. Chairman, it is wrong to hold our from Washington [Mrs. SMITH], so measure tonight, the Durbin-Hansen- tobacco farmers responsible for the many others, represent political points Smith amendment, is a step in that di- consumption of tobacco products, just of view far different than my own on rection. as it would be irresponsible to hold most issues. But we have come to- Mr. Chairman, I yield back the bal- grain farmers responsible for the local gether on this issue because we find ance of my time. drunk. common ground and agreement in a Mr. ROGERS. Mr. Chairman, I yield 1 Ladies and gentlemen, we have the basic understanding and a basic minute to my colleague the gentleman wrong target. We are hurting the premise. from Kentucky [Mr. LEWIS]. wrong people. We are going at this in Mr. Chairman, the premise is the one Mr. LEWIS of Kentucky. Mr. Chair- the wrong way. This is the wrong place I began this debate with. Why on God’s man, this amendment is unrealistic, with the wrong amendment. green Earth, if we tell every American unnecessary and unfair. Mr.Chairman, I urge strong opposi- that this crop will kill you, do we, as Mr. Chairman, this amendment pre- tion to this amendment and ask you to taxpayers, go on year in and year out vents people who grow tobacco from vote against it tonight. subsidizing the growth, production and taking part in the Federal Crop Insur- Mr. ROGERS. Mr. Chairman, I yield 1 processing of this product? ance Program. minute, Mr. Chairman, to the gen- I want to commend my colleagues for But just last year congress passed a tleman from Georgia [Mr. KINGSTON]. their fortitude in standing up this bill making the crop insurance pro- Mr. KINGSTON. Mr. Chairman, I rise evening and speaking on behalf of this gram mandatory. Sounds like a catch- in opposition to this amendment and I amendment. For those who are watch- 22 to me. do so because there are really two is- ing, it may seem like an easy thing to The Durbin amendment will hurt sues here. One is economic and one is do. Believe me, it is not. They have small farmers the most. It’s the family philosophical. Economically the gen- risked, I am sure, some evil glances farmer who depends most on the advice tleman from Illinois [Mr. Durbin] is from colleagues and perhaps more. and help of extension services. telling us that this is going to save $23 Some of them have decided not to It is simply unfair to single out one million, then $10.6 million, when, in come to the floor this evening and I crop and one type of farmer. fact, the USDA estimates that this will can understand why they did not. This Mr. Chairman, maybe some people cost $5.4 million. is not an easy issue to deal with. think the tobacco farmer has an easy, Let us not fool ourselves. This is not The tobacco lobby in this town is one lucrative life. I’d say those people have saving money. It is not directed to save of the most powerful and pervasive. never watched folks work in a tobacco money. What it really is is philosophi- They are everywhere. They are un- patch. cal. And philosophically, the gen- doubtedly watching this and writing I’ll be happy to show them around tleman from Illinois feels passionately down every word to use it against all of Kentucky’s second district. against tobacco and I understand that, us. I thank my colleagues for coming First the Clinton health plan, then but I would say to him that this is au- up and supporting this amendment. the FDA, now the Durbin amendment. thorizing; it is not appropriating. Let me tell you about this amend- All for a crop using a few million dol- I do not understand why we do not ment. lars worth of assistance that brings in have legislation introduced. We are Yes, it is only $23 million out of a $1.5 nearly 20 billion in taxes and trade sur- seven months into Congress. I do not trillion budget. It could be a lot more plus. 20 billion! think any of the three authors of this money we could be talking about, but I urge my colleagues to vote ‘‘no’’ on amendment have authored legislation it is a significant change that we are the Durbin amendment, and call an end so that we could have the great to- talking about here. to the war on tobacco. bacco debate in the committees of Con- If this amendment passes this Mr. ROGERS. Mr. Chairman, I yield 1 gress, and I think that is what we need evening, it will clearly send a signal to minute to the gentleman from North to do. the Committee on Agriculture when Carolina [Mr. FUNDERBURK]. Mr. Chairman, we should get this they write their tobacco program that Mr. FUNDERBURK. Mr. Chairman, thing over with. There are vehicles to Members of Congress, Democrats and yesterday morning I addressed the get probably where we want to go, but Republicans alike, have had it with the opening of the Smithfield, North Caro- as it is, when Members take noble aim Federal subsidy of tobacco. When we lina tobacco market. I spoke to hun- at the tobacco industry, they only hit passed the ban on smoking on airplanes dreds of farmers who made their way the tobacco farmer. 8 years ago, people said, ‘‘So what? across my district to sell their crop in Mr. ROGERS. Mr. Chairman, I re- Two-hour flight, so what?’’ It ended up rural Johnston County. serve the balance of my time. triggering a debate across America on These farmers are not the giant to- Mr. DURBIN. Mr. Chairman, I yield secondhand smoke that reached every bacco corporations the Clinton admin- myself such time as I may consume. restaurant and every public building in istration, the FDA and some in Con- Ladies and gentlemen of the House, the last 8 years. You see it when you gress attack. These are small farmers about 8 years ago to the day I stood in even walk into this building. who struggle from year to year just to this well and offered an amendment. It Right behind me, if you want to make ends meet. These are the people was an amendment to ban smoking on know what the tradition is in this who provide the jobs, pay the taxes, airplanes. When I offered that amend- Chamber, carved on that little podium and fight our wars. ment, it was opposed by every leader up there are tobacco leaves. That is If you have been on a tobacco farm, on the House of Representatives floor, right. We have been into tobacco in you know it is the most backbreaking Democrat and Republican alike. this place for a long time. Tonight is work in agriculture. This year the I had been around here for 5 years. our chance to break it, for Uncle Sam small farmers of North Carolina have My staff and my closest friends told me to finally get off the tobacco habit. been hit by twin disasters, bad weather H 7354 CONGRESSIONAL RECORD — HOUSE July 20, 1995 and President Clinton. Too much rain That is the difference between them In Congress, we should be in the business weakened the crop, too much Clinton staying on the farm or moving into of preventing deaths, not encouraging them. I and Kessler threaten the industry’s your city and getting on your welfare urge all my colleagues to support the Durbin- survival. program. If that is what you want, Hansen-Smith amendment. If that were not enough, here comes some more poor people in your cities, The CHAIRMAN. The question is on the Durbin amendment with another vote for the Durbin amendment. the amendment offered by the gen- kick in the teeth to the 200,000 men, This is incredible, to offer an amend- tleman from Illinois [Mr. DURBIN]. women and children in my State who ment to deny price support and pes- The question was taken; and the depend on tobacco for survival. This ticide advice to farmers and then pi- Chairman announced that the noes ap- amendment is bad legislation. It does ously walking around here saying, we peared to have it. nothing the authors claim. It punishes are saving the people of this country RECORDED VOTE no one they want to punish. Vote ‘‘no’’ from the dangers of smoking. You all Mr. DURBIN. Mr. Chairman, I de- on Durbin. can do better than that. mand a recorded vote. Mr. ROGERS. Mr. Chairman, I yield 1 Make cigarettes illegal. Go after out- The CHAIRMAN. Pursuant to the minute to my colleague, the gentleman lawing cigarettes. I will join you in order of the House of Wednesday, July from Kentucky [Mr. WARD]. banning unattended cigarette ma- 19, further proceedings on the amend- Mr. WARD. Mr. Chairman, we have chines. ment offered by the gentleman from Il- heard from the opposition. We have Please, vote against the Durbin linois [Mr. DURBIN] will be postponed. amendment. Ye know not what you do heard from the proponents. What we AMENDMENT OFFERED BY MR. BUNNING if ye vote for it. have heard from the proponents is that Mr. BUNNING of Kentucky. Mr. only 3 cents of a dollar that is spent on ANNOUNCEMENT BY THE CHAIRMAN Chairman, I offer an amendment. cigarettes goes to the farmer. The CHAIRMAN. The Chair will re- The Clerk read as follows: But, listen, tonight we are going mind our guests in the gallery, please, Amendment offered by Mr. BUNNING of after that very farmer who gets only 3 that public demonstrations of either Kentucky: cents on the dollar. We are punishing support or opposition are not per- Page 71, after line 2, insert the following families who grow on average 3 acres of mitted. new section: tobacco. To make ends meet, members The Chair thanks them very much ‘‘SEC. . Notwithstanding any other provi- of that family work day and night on for their courtesy. sion of this Act, none of the funds in this Act that farm. Tobacco is a very laborious Mr. ROGERS. Mr. Chairman, to close shall be made available to or for the Food job. But also to make ends meet, they the debate on our side, I yield the re- and Drug Administration.’’. work in factories in my district in Lou- maining time to the gentleman from Mr. BUNNING (during the reading). isville. Ohio [Mr. BOEHNER], the chairman of Mr. Chairman, I ask unanimous con- Not one bit of tobacco is grown in my the Republican Conference. sent the amendment be considered as congressional district, or just a tiny Mr. BOEHNER. Mr. Chairman, I want read and printed in the RECORD. bit. It is grown around the Common- to thank my colleague for yielding The CHAIRMAN. Is there objection wealth of Kentucky by people who rely time to me. to the request of the gentleman from on its income to keep their family Ladies and gentlemen, we know this Kentucky? farm. Let us not attack the lease of the amendment that is before us tonight There was no objection. people who benefit from tobacco in this has nothing to do with smoking. It is Mr. SKEEN. Mr. Chairman, I ask country. Vote against the Durbin not even about public policy. It does unanimous consent that all debate on amendment. not even have anything to do with the this amendment and all amendments Mr. ROGERS. Mr. Chairman, I yield 2 tobacco program. thereto close in 20 minutes and that minutes to the gentleman from North What this is tonight, ladies and gen- the time be equally divided. Carolina [Mr. ROSE]. tlemen, is about politics, not about The CHAIRMAN. Is there objection Mr. ROSE. Mr. Chairman, I knew the policy. This is about big government to the request of the gentleman from gentleman from Illinois [Mr. DURBIN] telling the American people what they New Mexico? had been too nice all night and all day, can and they cannot do. It is nothing There was no objection. that he had a sword in his pocket more than harassing small farmers in Mr. BUNNING of Kentucky. Mr. somewhere, and here it came. 23 States in America that have grown Chairman, I yield myself such time as But listen to me carefully, my tobacco for 300 years. It is another step I may consume. friends. I have spent 24 years working down the path toward political correct- Mr. Chairman, this is a simple on this particular crop and this par- ness that some on the left want to con- amendment. It strikes all funding for ticular problem. If you want to put tinue to advance in this Chamber. the food and drug administration from American farmers out of the tobacco My colleague, tonight let us say no the bill. business, support the Durbin amend- to more, bigger and better government The amendment is meant to send a ment. here in Washington. Let us say no to shot across the bow of the FDA. It’s a And if you then want the companies political correctness, and let us say no rogue agency that’s out of control and that buy tobacco to smile all the way to the amendment offered by the gen- Congress needs to slap it down. to the bank, and go to Brazil and buy tleman from Illinois [Mr. DURBIN]. At a time when we are cutting the tobacco for 30 and 40 cents a pound, Ms. FURSE. Mr. Chairman, I rise today in size of Government and slashing red support the Durbin amendment. If you support of the Durbin-Hansen-Smith amend- tape, the FDA is heading in the oppo- want the cigarette companies to make ment. I have often spoken of the need for our site direction. It wants broader regula- more money than they are making to- Government to have the right priorities as we tion and bigger bureaucracies. night and be able to sell cigarettes move to balance the budget. Funding tobacco- Dr. David Kessler, the FDA Commis- cheaper to the young people of this related programs is more than a bad priority; sioner, summed up his philosophy pret- country, support the Durbin amend- it is wrong for our Government to directly or ty well a couple of years ago when he ment. indirectly encourage the use of tobacco. proudly noted that the FDA was ‘‘Get- The gentlewoman from North Caro- Tobacco use kills over 400,000 people ting new regulations out faster than lina [Mrs. CLAYTON] said it very well. If every year in America. What makes these ever before.’’ you want to take a family, rural, poor, deaths even more tragic is that they are whol- When you stop to consider that the black and white, that has 5 acres of to- ly preventable. Uncle Sam must stop simulta- FDA is probably the most powerful bacco that can make 2,000 pounds an neously spending taxpayers' dollars to encour- government agency in the world with acre, 5 acres times 2,000 is 10,000 pounds age tobacco use through these Agriculture direct regulatory authority over a tril- of tobacco. programs, then discourage tobacco use lion dollars worth of our economy, Dr. through public health campaigns, and then Kessler’s regulatory glee is more than b 2045 pay for medical treatment when smoking gets a little frightening. A poor rural family can supplement people seriously ill. This policy just doesn't But, still, what have all of these new their income with $10,000 to $12,000. make sense. Let's stop it today. regulations got us? July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7355 Back in the 1970’s it took 5 to 7 years (Mr. DINGELL asked and was given know that it is safe because of the to develop a new drug and get it ap- permission to revise and extend his re- Food and Drug Administration. proved. Now it takes 12. marks.) No other country until the world can As recently as 1992 the median ap- Mr. DINGELL. Mr. Chairman, I am have that comfort and satisfaction, and proval time for medical devices was 102 delighted to see the gentleman from I would urge my colleagues, as they days. Last year it climbed to 182 days. Kentucky offer this amendment, and I vote on this piece of legislation and on It took 31⁄2 years for the FDA to ap- congratulate him for it. This makes this particular amendment, to under- prove the kidney treatment drug the issue very clear. stand it is easy to criticize, but it is interlukin–2, even though nine other This is the kind of amendment that very, very hard to make the situation countries had already approved it. Dur- we Democrats love to see Republicans better. ing this time, an estimated 25,000 offer. It is the kind of amendment that Mr. SKEEN. Mr. Chairman, I yield 5 Americans died of kidney cancer. will lead the voters of America and the minutes to the gentleman from Illinois Because of a 7-year delay in the ap- consumers of America to vote the [Mr. DURBIN] and ask unanimous con- proval of a heart medicine commonly offeror out and all who vote for it. I sent that he be allowed to control that known as beta blockers, the director of urge my colleagues to join in support- time. Tufts University Center for the study ing the gentleman from Kentucky. The CHAIRMAN. Is there objection of drug development estimates that What does the Food and Drug Admin- to the request of the gentleman from 119,000 Americans died who might have istration do? It protects against bad New Mexico? been helped by this drug. and dangerous blood and dangerous All of this has happened in spite of There was no objection. blood products. It protects against Mr. DURBIN. Mr. Chairman, I yield the fact that the FDA has continued to filthy, dirty, adulterated, contami- 11⁄2 minutes to the gentleman from Or- expand. Since 1990, the FDA’s budget nated food manufactured and imported egon [Mr. WYDEN]. has grown 27 percent. The number of into this country. It protects the Mr. WYDEN. Mr. Chairman, I would employees who work for the agency has American public against unsafe bio- urge my colleagues in the strongest climbed 14 percent. logical products. possible way to oppose this amend- Mr. Chairman, we might have more It protects the American people ment. regulations than ever before. But I be- against unsafe products which are med- lieve that in their zeal to safeguard the ical devices. It protects the American The FDA needs reform, and I have in- American public from every possible people against contaminated, dan- troduced the first comprehensive bill evil, Dr. Kessler and the FDA have ac- gerous, and unsafe commodities such in this session to get that reform. But tually been slowly regulating America as cosmetics. It protects the American make no mistake about it, the Bunning to death. people against the distribution of ma- amendment would cripple the safety Mr. Chairman, last November the terials which affect the health of the mission of the Food and Drug Adminis- voters told us they don’t want more American people and which are, in fact, tration. Government and more regulation. They not safe. It assures that products which My colleagues, let me say I know of want less. are sold in commerce are, in fact, effi- no major industry group in our country They want less Government inter- cacious. that wants to go as far as the Bunning ference in their day-to-day lives. They It has come into being because the amendment. The biotechnology indus- want less micromanaging by Federal Congress needed a body which would try, which we have so much hope for in bureaucrats. protect the American people against the 21st century, is certainly not going And the American people certainly things like sulfanilamide elixer, which to want to cut all of this funding. The don’t want Federal agencies pumping killed millions of Americans in the device industry, which also shows such out rules and regulations faster than 1930’s or against milk which was made great promise, does not want to go this ever before. safe and preserved by the addition of far. The pharmaceutical industry does But, in case the FDA hasn’t noticed, not want to go this far. They all be- the age of the welfare state is ending. formaldehyde. It protects Americans against the kind of situation which we lieve that the Food and Drug Adminis- The time when the Federal Govern- tration needs reform. ment acted as a nanny for the public is saw created generations of European passing. babies who were born with flippers and b 2100 In a recent op-ed piece, former Dela- without hands and legs, because of thalidomide. We can do that on a bipartisan basis, ware Governor Pete Dupont even went but let us not turn back the clock, let so far as to dub Dr. Kessler the ‘‘Na- I have been more critical than anybody else in this body about the Food us not play Russian roulette, with the tional Nanny’’. This is one nanny who safety of the America public. Vote no has been slowly suffocating the chil- and Drug Administration and about their failures, and I have seen to it on the Bunning amendment. dren. Mr. SKEEN. Mr. Chairman, I yield 1 Mr. Chairman, I’m a realist. I don’t that one administrator of the Food and minute to the gentleman from Califor- hold out much hope that my amend- Drug Administration has left public nia [Mr. RIGGS]. ment will pass the House. But I want to service and that a number of them Mr. RIGGS. Mr. Chairman, I thank send a message. have gone to jail. We have to let Dr. Kessler and the I have seen to it that the entirety of the gentleman from New Mexico [Mr. FDA know that some of us in Congress the generic drug portion of the Food SKEEN] for yielding this time to me. are watching. Some of us recognize and Drug Administration has left that Colleagues, make no mistake about that the Commissioner is out of con- service, and we have cleaned it up. it. This is a very, very unwise amend- trol, and the FDA is out of control. Drugs are safe in this country, and ment, and I guess in a sense it is appro- And more importantly, I think that they are safer here than anywhere in priate that it follows on the heels of we need to continue sending the signal the world. Foods are safer in this coun- the Durbin amendment, which was in that the time of Government passing try than anywhere in the world be- my view of very modest amendment. more and more regulations in the name cause of Food and Drug, and American This is a shot across the bow of the of compassion for its citizens is pass- women can buy cosmetics in the FDA all right, but it comes from the ing. FDA regulations are raising health knowledge that they are safe, and the cannons of the American tobacco in- costs. FDA regulations are killing peo- American mother can buy food for her dustry, and the reason for this amend- ple. baby in the knowledge that that food is ment is one reason and one reason I urge my colleagues to support this going to be safe and not risk the health only, and that is that the FDA in the amendment. and the welfare of that child. face of overwhelming medical and sci- Mr. Chairman, I reserve the balance America can look to its food, Amer- entific evidence is on the verge of of my time. ica can look to its cosmetics, America classifying nicotine as an addictive Mr. SKEEN. Mr. Chairman, I yield 3 can look to its appliances, to its blood substance. So we need to be clear on, minutes to the gentleman from Michi- and every other commodity that af- frankly, the motives behind this gan [Mr. DINGELL]. fects health and that sustains life and amendment. H 7356 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Again, Mr. Chairman, it is very un- here on the floor without any debate, overzealous FDA activity, and the appropria- wise. The FDA is making improve- without any hearings, without any real tions process is always available to shift an ment, and working with industry, and thought being given to whether the Agency's priorities. But to destroy these health expediting the rulemaking process, and FDA ought to be preserved, in some research and enforcement programs without a I strongly urge the defeat of this ways reformed, but made to work as it full and open debate would be careless and amendment. has done and can continue to do in the unproductive. Mr. BUNNING. Mr. Chairman, I yield future. I urge my colleagues to vote ``no'' on the myself such time as I may consume. The CHAIRMAN. The time of the Bunning amendment. I response to the gentleman from gentleman from California [Mr. WAX- Mr. DURBIN. Mr. Chairman, I yield Michigan I would like to just give him MAN] has expired. myself such time as I may consume. some information he might not have, Mr. BUNNING of Kentucky. Mr. Think about this amendment for just that on July 14 of this year the FDA Chairman, in yielding such time as he a second. The amendment offered by agents swooped into the headquarters may consume to the gentleman from the gentleman from Kentucky [Mr. of Synthetic Systems of Seattle, WA, California [Mr. WAXMAN] for the pur- BUNNING] will close down the Food and to seize a device that poses a serious poses of a colloquy, does the gentleman Drug Administration. It will close it threat to the American people. What believe the things written in CRS are down, no funding, and then tomorrow was the device? It was a chair that had factual? what will happen? The Food and Drug a massage machine attached to it. Mr. WAXMAN. I would. Administration, which is responsible Mr. BUNNING of Kentucky. The gen- They came in, and it was a relaxation for monitoring the Nation’s blood sup- machine, and the FDA, without warn- tleman called me a liar. Mr. WAXMAN. I did not call the gen- ply so that when someone is in an acci- ing, came in and removed it, stopped dent and goes to the emergency room the sale of a relaxing chair machine tleman a liar, but let me tell my colleague, if he would yield to me, I will they do not have to worry about that that had a massage motor attached to transfusion passing the HIV virus to it. If that is not an agency out of con- explain to him my point, and I have heard the story over and over again them? Out of business. The Food and trol, I have never seen one. Drug Administration which inspects I would like to respond to my good about the FDA sneaking into offices, and when I investigated it, it just was mammography clinics where our wives friend, the gentleman from California and loved ones who go in for breasts ex- [Mr. RIGGS]. I understand that the tim- not true, it just was not accurate. Mr. BUNNING of Kentucky. So the aminations can be assured the instru- ber industry in his area needs help, and ments are accurate and the people we understand that this Congress took fact of the matter is the FDA did swoop down on this company in Seattle working there are professional; the steps to take care of that. I really per- FDA inspects those. Out of business. sonally resent the implication that the and do exactly what I said, and that is right here, in case the gentleman is in- The Food and Drug Administration only reason that we are offering this which review drugs on the market to amendment is that the FDA might, terested, on page 28 of the Congres- sional Service. Let me get the date for try to protect us from disease and help might, consider classifying tobacco as live our lives a little longer, live a lit- an addictive drug. There is no proof of the gentleman. Mr. WAXMAN. If the gentleman will tle longer, out of business. I ask if this that, and he knows it. continue to yield, perhaps they were is the Republican revolution that was Mr. Chairman, I reserve the balance voted for last year. Is this what they of my time. enforcing the law. I think the gentleman is overreacting to something were looking for to get Government off Mr. DURBIN. Mr. Chairman, I yield a our back, to take the Food and Drug minute and a half to the gentleman that is not accurate. Mr. BUNNING of Kentucky. I say to Administration out of business of mak- from California [Mr. WAXMAN]. ing sure that the foods, and drugs, and Mr. WAXMAN. Mr. Chairman, I am the gentleman, ‘‘If you call me a liar, I medical devices coming into our homes just shocked at the debate that we are react to it.’’ Mr. WAXMAN. This is about the are safe and effective? I do not think hearing this evening. The story the anecdote he is relating to the House. so. I think what Americans are looking gentleman just told, as far as I know, Mr. SKEEN. Mr. Chairman, I urge a for are smart people here in this Cham- is an anecdote that is not correct. It ‘‘no’’ vote, and I yield back the balance ber pushing for legislation to make did not happen. I have heard these sto- of my time. more effective Government, not closing ries over and over again, and they turn Mr. RICHARDSON. Mr. Chairman, I rise in down the Food and Drug Administra- out, when we investigate them, to be opposition to the Bunning amendment. I un- tion. untrue. This is not the basis for ending derstand that there are some very volatile, Mr. Chairman, this is a kind of ex- an agency that protects the safety of negative opinions surrounding the FDA, but it treme position which I hope all Mem- the American people by approving would be irresponsible to simply eliminate all bers of Congress would understand is drugs to be effective and protecting us of the programs the Agency oversees. unwise for America’s future. Demo- from a food supply that may poison us. Reforms at FDA may be necessary, but I think this an irresponsible amend- crats and Republicans alike should de- there are effective and far less draconian feat this amendment and perhaps join ment. If this amendment were to be methods of accomplishing that than by obliter- adopted, it would keep the FDA from the gentleman from Kentucky in re- ating the Agency. forming this agency. There are things getting drugs and devices on the mar- Last year I worked with a broad, bipartisan ket. Our industry in this country for we can do to reform it, but turning out group of Congressmen to pass the Dietary the lights is hardly reform. It really drugs and devices are the marvel and Supplements bill, which brought common leader of the world because they work closes down an agency that is vitally sense to the treatment of dietary supplements. important to every American family. I with FDA, and, when FDA approves In that effort, we addressed what some con- them, everyone recognizes that the hope we will all join in defeating this sidered to be regulatory excess and unreason- amendment. FDA approval means that those prod- able restrictions on the part of FDA. However, ucts do what they are intended to do. The CHAIRMAN. The question is on even those in the nutrient and supplement in- the amendment offered by the gen- They are safe, they are effective, and dustry who objected to FDA's tactics would tleman from Kentucky [Mr. BUNNING]. our industry has been profitable and not suggest that the entire Agency be abol- The question was taken; and the saves lives. ished. Chairman announced that the noes ap- Let us preserve the FDA and defeat FDA governs the safety of all drug products, peared to have it. this amendment. I think it is thor- is working towards an AIDS vaccine and AIDS oughly irresponsible to want an appro- diagnostic tests, researches veterinary medi- RECORDED VOTE priations bill to do away with the Food cine products and devices, and ensures that Mr. WAXMAN. Mr. Chairman, I de- and Drug Administration. I wonder food labeling is truthful. Surely we will not say mand a recorded vote. what the authorizing committees are to our constituents that these functions are no The CHAIRMAN. Pursuant to the all about, what the policy committees longer necessary. order of the House of Wednesday, July are supposed to be doing, if we are Committees of jurisdiction in this body are 19, further proceedings on the amend- going to have amendments dropped out free to use their oversight authority to curb ment offered by the gentleman from July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7357

Kentucky [Mr. BUNNING] will be post- timely manner, and so I must object to One is a limiting amendment; the other poned. this unanimous-consent request. one is an omission, a complete Mr. SKEEN. Mr. Chairman, I would The CHAIRMAN. The Chair is willing omittance of a program. The Zimmer like to ask the Chair to proceed now to to entertain suggestions from the gen- amendment is freestanding and will get have the votes at this time, and I ask tleman from New Mexico. its own time, and I will assure the gen- unanimous consent that we do this. Mr. SKEEN. Mr. Chairman, I ask the tleman that he will have a full hour of The CHAIRMAN. Is there objection gentleman if we will have a 10-minute time, regardless. to the request of the gentleman from debate, we will accept his amendments, Mr. ZIMMER. Mr. Chairman, you New Mexico. and no votes on that tonight? have been very fair and very under- Mr. SKEEN. Mr. Chairman, I rescind Mr. ZIMMER. I reluctantly reject standing. We have had a number of that request, and we will let the gen- that proposal. The understanding that conversations about this. But with all tleman from Wisconsin [Mr. OBEY] pro- I reached with the gentleman was that respect, it is not a question of time, it ceed, and I think then we will have the my amendment would be entitled to 1 is a question of timing. votes immediately after, and that will hour of debate. There are many Mem- If the Obey amendment is to succeed, take 10 minutes. bers who feel very strongly about this it will, for all practical purposes, fore- The CHAIRMAN. The gentleman on both sides of the issue, and in effect stall any reasonable debate on my from New Mexico [Mr. SKEEN] with- that debate will be preempted, it will amendment. draws his request to proceed with votes be truncated, by the debate on the gen- Mr. SKEEN. Mr. Chairman, we will not have any votes on the amendment that had been rolled over from earlier tleman from Wisconsin, Mr. OBEY’s of the gentleman from Wisconsin [Mr. this evening. amendment. Mr. OBEY is trying to deal OBEY] this evening. The Chair recognizes the gentleman with the problem in a good-faith man- The CHAIRMAN. With all due respect ner, but in a much more limited way from Wisconsin [Mr. OBEY]. to my colleagues on the floor, this has than our striking amendment and AMENDMENT OFFERED BY MR. OBEY gotten a little bit out of the bounds of elimination of the program. Mr. OBEY. Mr. Chairman, I offer an normal operating procedure. We have I believe it is entirely appropriate for amendment. already heard objections to the sugges- us to debate the elimination of the pro- The Clerk read as follows: tion of a time limitation by the gen- gram and the limitation and the reduc- Amendment offered by Mr. OBEY: Page 71, tleman from New Mexico [Mr. SKEEN] tion of the program in the same gen- after line 5, insert the following new section: and the gentleman from Wisconsin [Mr. eral debate, and so I must reluctantly Sec. 726. None of the funds appropriated or OBEY]. The Chair is inclined to proceed object to any unanimous-consent re- otherwise made available by this Act shall with the Obey amendment and recog- quest that does not give proponents be used to pay the salaries of personnel who nize for 5 minutes on each side, unless carry out a market promotion program pur- and opponents of Mr. OBEY’s amend- the chairman of the committee has a suant to section 203 (7 U.S.C. 5623) of the Ag- ment and my substitute an aggregate suggestion on how else we proceed, ricultural Trade Act of 1978 that provides as- of 60 minutes. sistance to recipients other than those iden- very quickly. tified at 7 Code of Federal Regulations b 2115 Mr. ZIMMER. Mr. Chairman, I ob- 1485.13(a)(1)(i)(J), 1485.12 (a)(2)(ii), and Mr. OBEY. Mr. Chairman, if the gen- ject. 1485.15(c) or that provides assistance to orga- The CHAIRMAN. Objection is heard. nizations with annual gross sales of tleman will yield under his reservation, The Chair recognizes the gentleman I simply ask a question. $20,000,000 or more unless it has been made from Wisconsin [Mr. OBEY]. known to the official responsible for such ex- Mr. Chairman, the situation, as I un- Mr. OBEY. Mr. Chairman, all I am penditures that the organization is a cooper- derstand it, is simply that we are try- trying to do is to offer an amendment ative owned by and operated for small orga- ing to work out a mechanical problem. which I expect will be opposed by both nizations that are members of the coopera- We are trying to facilitate the comple- tive. sides for opposite reasons. I am simply tion of all of these appropriation bills rising today to offer an amendment Mr. SKEEN (during the reading). Mr. this week. that is trying to put some rationality Chairman, I ask unanimous consent The difficulty we have is that I can- in the export marketing program, that the amendment be considered as not be on the floor at the same time I which is going to be debated a good read and printed in the RECORD. am supposed to be in the committee deal tomorrow or later this evening as The CHAIRMAN. Is there objection helping to move forward the Labor- well. to the request of the gentleman from HEW appropriations bill. I simply am offering an amendment New Mexico? I do not believe that the gentleman’s which suggests that it does not cut any There was no objection. amendment is in any way inconsistent money out of the marketing program. Mr. SKEEN. Mr. Chairman, I ask with mine. Frankly, I had expected All it suggests is that support under unanimous consent that all debate on that there would be a very truncated this marketing program should not be this amendment and all amendments discussion on mine, vote up or down, allowed for any corporation that has thereto close in 10 minutes. and then we would proceed to the gen- sales of $20 million or more unless it is Mr. ZIMMER. Reserving the right to tleman’s, which I think has probably essentially a co-op. That is all the object, Mr. Chairman, I have proposed much more interest than mine. But I amendment does. an amendment that has a considerable think the gentleman misunderstands if I have 10 reasons for proposing this amount of support that deals with the he thinks that our amendment in any amendment. They are the Ernest and same general program that the gen- way precludes his amendment. It does Julio Co., the Dole Co., Pillsbury Co., tleman from Wisconsin [Mr. OBEY] is not. The gentleman’s amendment is Tyson’s Foods, M&M Mars, Campbell addressing, the market promotion pro- simply much more restrictive than Soups, Seagrams, Hershey, Jim Beam gram. ours and can be offered, even though Whiskey, Ralston Purina. I intend to offer my amendment as a ours is offered, even in the unlikely I enjoy virtually all of those prod- substitute for the amendment of the event that mine is adopted. ucts. I just do not want to have to sub- gentleman from Wisconsin [Mr. OBEY], Mr. ZIMMER. Mr. Chairman, with all sidize all of them. and the agreement that had been respect, I understand that the gen- At the same time, I think there is reached with the leadership and with tleman has proposed the same amend- room for an export marketing program the chairman of the subcommittee was ment in years past, and it is not de- provided that it is not gobbled up by that the discussion of the market pro- signed intentionally as a way to inocu- the big boys. motion program would be 1 hour, 30 late against the complete elimination Now I recognize that those who want minutes, divided between the two sides. of the MPP, but that will be its effect, the program to stay as is are going to Continuing under my reservation, and that is why I am insisting that we oppose my amendment because they Mr. Chairman, if the amendment of- be able to debate them both in the think they have a better chance of kill- fered by the gentleman from Wisconsin same hour. ing an amendment to cut off the pro- is passed, it will in effect preempt the Mr. SKEEN. Mr. Chairman, there is a gram. I also recognize that some Mem- amendment that I have offered in a dissimiliarity in the two amendments. bers think they have a good chance to H 7358 CONGRESSIONAL RECORD — HOUSE July 20, 1995 cut off the entire program, and they do OBEY] is willing to accept on his sub- until tomorrow and not have all of the not want to vote for my amendment stitute amendment be added to that. other amendments brought up tonight, because they think it gets in the way. Mr. CHAIRMAN. Is there objection to I will not object, but I do not think it I apologize for that inconvenience. But the request of the gentleman from New is proper to have a lot of amendments I do think that once in a while around Mexico? debated when members are not even here there is room for a middle way. Mr. SCHUMER. Reserving the right here to hear the debate. That is all I am trying to do. to object, I would ask the gentleman The CHAIRMAN. The Chair will en- With that, in an effort to simply try from New Mexico [Mr. SKEEN] to mod- force regular order. There is no pending to move this forward so that Members ify his proposal for 1 hour on the Zim- question. can go home and the committee can mer amendment and whatever he Mr. OBEY. Mr. Chairman, I ask continue to debate the rest of the wants to add, 10 minutes or whatever, unanimous consent to withdraw my amendments and roll the votes until to the Obey amendment. amendment. tomorrow, I thank the chairman. Mr. Chairman, continuing my res- The CHAIRMAN. Is there objection AMENDMENT OFFERED BY MR. ZIMMER AS A ervation of objection, I yield to the to the request of the gentleman from SUBSTITUTE FOR THE AMENDMENT OFFERED gentleman from Wisconsin [Mr. OBEY]. Wisconsin? BY MR. OBEY Mr. OBEY. Mr. Chairman, I would Mr. BUNNING of Kentucky. Mr. Mr. ZIMMER. Mr. Chairman, I offer simply like to point out that if we are Chairman, I object. an amendment as a substitute for the going to start cross-walking these The CHAIRMAN. Objection is heard. amendment. things, I have an amendment to the The amendment is not withdrawn. The Clerk read as follows: gentleman’s amendment, and that also Mr. SKEEN. Mr. Chairman, every- Amendment offered by Mr. ZIMMER as a ought to be included in the discussion. body is a little offended about substitute for the amendment offered by Mr. I would simply prefer to have a five- everybody’s other little offenses to- OBEY: Strike the text of the amendment and minute debate on my amendment on night, and I am sure it is becoming a insert the following: the other side. I do not care if the vote very prickly situation. I would once ‘‘SEC. 726. (a) LIMITATION ON USE OF is taken tonight or tomorrow, and as again offer, let us do the two votes that FUNDS.—None of the funds made available in far as I am concerned, I do not care we have pending now that we have this Act may be used to pay the salaries of rolled over and do them now. We will personnel who carry out a market promotion how long we stay here tonight debating program pursuant to section 203 of the Agri- the gentleman’s amendment. I would also discuss this amongst the inter- cultural Trade Act of 1978 (7 U.S.C. 5623). suspect that they could all be rolled ested parties during the vote, and we (b) CORRESPONDING REDUCTION IN FUNDS.— until tomorrow. will then come up with some resolution The amount otherwise provided in this Act Mr. SCHUMER. Mr. Chairman, con- on what time to afford the two inter- for ‘‘Commodity Credit Corporation Fund— tinuing my reservation of objection, ested parties during the vote, and we Reimbursement for Net Realized Losses’’ is does the gentleman care which order will then come up with some resolution hereby reduced by $110,000,000’’. they are debated and voted upon? on what time to afford the two inter- PARLIAMENTARY INQUIRY Mr. OBEY. Mr. Chairman, if the gen- ested parties on the issue that we have Mr. DURBIN. Mr. Chairman, I have a tleman will continue to yield, I have got that the gentleman from New Jer- parliamentary inquiry. already debated mine. I do not need sey [Mr. ZIMMER] and the gentleman The CHAIRMAN. The gentleman will any more time on mine. I would offer from Wisconsin [Mr. OBEY] are interstate it. another substitute. ested in. Mr. DURBIN. Mr. Chairman, during Mr. SCHUMER. Mr. Chairman, the b the course of the evening, we have had proposal I would make is that we spend 2130 suggested time limitations on debate. 1 hour on the Zimmer amendment, no PARLIAMENTARY INQUIRY Does the chairman want to make a more debate on the Obey amendment, Mr. DEUTSCH. I have a parliamen- time limitation request on the Zimmer and then move to vote on the Zimmer tary inquiry, Mr. Chairman. amendment? substitute and then the Obey amend- The CHAIRMAN. The gentleman will The CHAIRMAN. The Chair will con- ment. state it. sider a time limitation request. Mr. Chairman, continuing my res- Mr. DEUTSCH. Mr. Chairman, the in- Mr. SKEEN. Mr. Chairman, I ask ervation of objection, I yield to the quiry is very similar to what the gen- unanimous consent that all debate on gentleman from New Mexico [Mr. tleman from New York [Mr. SCHUMER] this amendment and all amendments SKEEN]. just mentioned. Is it the intention of thereto close in 1 hour and that the Mr. SKEEN. Mr. Chairman, I have a the chairman of the subcommittee to time be equally divided. counter for the gentleman, and I would have debate tonight and then no votes The CHAIRMAN. Does the gentleman say this, let us do two votes now and tonight after those next two amend- refer to debate of both the substitute get them out of the way, and then we ments? and the underlying Obey amendment or will give you all the time necessary for The CHAIRMAN. That is not a par- only to the Zimmer substitute? the Obey and Durbin and Bunning. liamentary inquiry. A parliamentary Mr. SKEEN. Mr. Chairman, yes, both. Mr. SCHUMER. Mr. Chairman, just a inquiry must be directed to the Chair. The CHAIRMAN. Does it refer to point of clarification from the gen- Mr. DEUTSCH. Mr. Chairman, I am both the Zimmer amendment and the tleman, those two votes are not either asking the Chair to ask the chairman. Obey amendment or only the Zimmer the Zimmer or the Obey amendment? I think a lot of us are concerned that amendment? Mr. SKEEN. Mr. Chairman, if the we are going to have debate this Mr. SKEEN. Mr. Chairman, that is gentleman will continue to yield, nei- evening on a lot of significant matters. my understanding. ther one of those. The CHAIRMAN. The Chair has a The CHAIRMAN. Is there objection Mr. SCHUMER. Mr. Chairman, I have number of responsibilities, one of to the request of the gentleman from no objection to that. which, however, is not to announce the New Mexico? Mr. WAXMAN. Mr. Chairman, reserv- program for the evening. Mr. SCHUMER. Reserving the right ing the right to object, I have no objec- There is a pending proposal by the to object, Mr. Chairman, just a clari- tion to rolling over votes while we are gentleman from New Mexico [Mr. fication. I presume the one hour, I do all here listening to the debate, but if SKEEN] to proceed to the two votes not care what kind of limit is on the we are going to vote and then have de- that were postponed from earlier in the Obey amendment, which we did not bate while all of the Members are gone evening. That would be possible if the know about and came as a surprise, but and then vote tomorrow, I find that a pending amendment to the bill were we were promised one hour on the Zim- highly offensive procedure. There will withdrawn. Is there objection? mer amendment last night for fore- be no one to hear the debate on either Mr. DURBIN. Reserving the right to going doing it last night, and I would side. So if the proposal is to have our object, Mr. Chairman, are those two ask that it be one hour on the Zimmer votes and have the debate on that one votes first on the Durbin-Hansen- amendment and then whatever time amendment only and roll it over to Smith amendment on the tobacco pro- the gentleman from Wisconsin [Mr. have the vote thereafter or roll it over gram, and second on the Bunning July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7359 amendment, on the Food and Drug Ad- Durbin Lantos Richardson Lewis (CA) Paxon Stump ministration? Ehlers Largent Riggs Lewis (KY) Payne (VA) Stupak Engel Lazio Rivers Lightfoot Peterson (FL) Tanner Mr. SKEEN. That is correct. Ensign Leach Roemer Lincoln Peterson (MN) Tauzin Mr. DURBIN. Those are the two votes Eshoo Lipinski Rohrabacher Linder Pickett Taylor (MS) we would have now, Mr. Chairman? Evans LoBiondo Ros-Lehtinen Livingston Pombo Taylor (NC) Farr Lofgren Longley Pomeroy The CHAIRMAN. The gentleman is Roth Tejeda Fattah Lowey Roukema Lucas Portman Thomas Manton Quillen correct. Fawell Luther Roybal-Allard Thompson Martinez Radanovich Mr. DURBIN. In that case, Mr. Chair- Fields (LA) Maloney Royce Thornberry Foglietta Manzullo Rush Mascara Rahall man, I withdraw my reservation of ob- Matsui Regula Thornton Ford Markey Salmon jection. McCrery Roberts Thurman Fowler Martini Sanders Fox McCarthy McDade Rogers Tiahrt The CHAIRMAN. There is still a Sawyer Frank (MA) McCollum McHugh Rose Torres pending amendment by the gentleman Saxton Franks (NJ) McDermott McIntosh Sabo Towns Scarborough from Wisconsin [Mr. OBEY]. He cannot Frelinghuysen McHale McKinney Sanford Tucker withdraw his amendment because of Furse McInnis Schiff Meek Schaefer Vucanovich Schroeder the objection of the gentleman from Ganske McKeon Mica Scott Walker Gejdenson McNulty Schumer Mink Serrano Wamp Kentucky [Mr. BUNNING]. We must dis- Gibbons Meehan Seastrand Mollohan Shadegg Ward pose of the pending business involving Gilchrest Menendez Sensenbrenner Montgomery Sisisky Waters the gentleman from Wisconsin [Mr. Gilman Metcalf Shaw Murtha Skaggs Watt (NC) Shays Myers Skeen OBEY] before we can move to the other Goss Meyers Watts (OK) Greenwood Mfume Shuster Nethercutt Skelton one. Weller Gutierrez Miller (CA) Slaughter Ney Solomon Whitfield Norwood Is there objection to the request of Gutknecht Miller (FL) Smith (MI) Souder Wicker Nussle Spence the gentleman from Wisconsin [Mr. Hall (OH) Mineta Smith (NJ) Williams Hansen Minge Ortiz Spratt Smith (TX) Wise OBEY]? Harman Molinari Oxley Stearns Smith (WA) Wynn Mr. BUNNING. Mr. Chairman, I with- Hayworth Moorhead Parker Stenholm Stokes Young (AK) draw my objection. Hefley Moran Studds Pastor Stockman Hinchey Morella Talent The CHAIRMAN. Without objection, Hobson Myrick NOT VOTING—12 the amendment of the gentleman from Tate Hoekstra Nadler Torkildsen Collins (MI) Jefferson Stark Wisconsin [Mr. OBEY] will be with- Hoke Neal Torricelli Dreier Lewis (GA) Volkmer drawn. Horn Neumann Traficant Gallegly Moakley Wilson Hyde Oberstar Goodling Reynolds Yates Upton There was no objection. Jackson-Lee Obey Velazquez Jacobs Olver b 2153 SEQUENTIAL VOTES POSTPONED IN COMMITTEE Vento Johnson (SD) Orton OF THE WHOLE Visclosky Johnston Owens Messrs. WAMP, CHRISTENSEN, and The CHAIRMAN. Pursuant to order Kanjorski Packard Waldholtz MASCARA changed their vote from of the House of Wednesday, July 19, Kasich Pallone Walsh Waxman ‘‘aye’’ to ‘‘no.’’ proceedings will now resume on those Kelly Payne (NJ) Messrs. COSTELLO, MFUME, HYDE, Kennedy (MA) Pelosi Weldon (FL) amendments on which further proceed- Kennedy (RI) Petri Weldon (PA) SAWYER, SAXTON, ENGEL, and KIM ings were postponed in the following Kildee Porter White changed their vote form ‘‘no’’ to aye.’’ order: The amendment offered by the Kim Poshard Wolf So the amendment was rejected. Woolsey gentleman from Illinois [Mr. DURBIN] King Pryce Kleczka Quinn Wyden The result of the vote was announced and the amendment offered by the gen- Klug Ramstad Young (FL) as above recorded. tleman from Kentucky [Mr. BUNNING]. Kolbe Rangel Zeliff AMENDMENT OFFERED BY MR. BUNNING The Chair will reduce to 5 minutes LaFalce Reed Zimmer The CHAIRMAN. The pending busi- the time for any electronic vote after NOES—223 ness is the demand for a recorded vote the first vote in this series. The first Abercrombie Clinger Gephardt on the amendment offered by the gen- vote is 15 minutes. Allard Clyburn Geren tleman from Kentucky [Mr. BUNNING] AMENDMENT OFFERED BY THE MR. DURBIN Bachus Coble Gillmor on which further proceedings were The CHAIRMAN. The pending busi- Baesler Coleman Gonzalez postponed and on which the noes pre- Baker (CA) Collins (GA) Goodlatte ness is the demand for a recorded vote Baker (LA) Combest Gordon vailed by voice vote. on the amendment offered by the gen- Ballenger Condit Graham The Clerk will redesignate the tleman from Illinois [Mr. DURBIN] on Barcia Cooley Green amendment. Barr Cramer Gunderson which further proceedings were post- Barrett (NE) Crane Hall (TX) The Clerk redesignated the amend- poned and on which the noes prevailed Barton Cremeans Hamilton ment. by voice vote. Bateman Cubin Hancock Mr. WAXMAN. Mr. Chairman, I with- The Clerk will redesignate the Bentsen Danner Hastert draw my demand for a recorded vote. Bevill de la Garza Hastings (FL) amendment. Bilirakis Deal Hastings (WA) The CHAIRMAN. The demand for a The Clerk redesignated the amend- Bishop DeLay Hayes recorded vote is withdrawn. ment. Bliley Diaz-Balart Hefner So the amendment was rejected. Boehlert Dickey Heineman RECORDED VOTE Boehner Dicks Herger AMENDMENT NO. 8 OFFERED BY MRS. LOWEY The CHAIRMAN. A recorded vote has Bonilla Dingell Hilleary Mrs. LOWEY. Mr. Chairman, I offer been demanded. Bonior Dixon Hilliard an amendment. Bono Dooley Holden A recorded vote was ordered. Boucher Doolittle Hostettler The CHAIRMAN. The Clerk will des- The vote was taken by electronic de- Brewster Doyle Houghton ignate the amendment. vice, and there were—ayes 199, noes 223, Browder Duncan Hoyer The text of the amendment is as fol- Brown (FL) Edwards Hunter lows: not voting 12, as follows: Bryant (TN) Ehrlich Hutchinson [Roll No 544] Bunning Emerson Inglis Amendment No. 8 offered by Mrs. LOWEY: Burr English Istook At the appropriate place in the bill, insert AYES—199 Burton Everett Johnson (CT) the following new section: Ackerman Blute Costello Buyer Ewing Johnson, E. B. SEC. . None of the funds made available in Andrews Borski Cox Callahan Fazio Johnson, Sam this Act may be used to provide deficiency Archer Brown (CA) Coyne Calvert Fields (TX) Jones Armey Brown (OH) Crapo Camp Filner Kaptur payments and land diversion payments de- Baldacci Brownback Cunningham Chabot Flake Kennelly scribed in paragraph (1), or other payments Barrett (WI) Bryant (TX) Davis Chambliss Flanagan Kingston described in paragraph (2)(B), of section 1001 Bartlett Bunn DeFazio Chapman Foley Klink of the Food Security Act of 1985 (7 U.S.C. Bass Canady DeLauro Chenoweth Forbes Knollenberg 1308) to any person when it is made known to Becerra Cardin Dellums Christensen Franks (CT) LaHood the Federal entity or official to which the Beilenson Castle Deutsch Chrysler Frisa Latham funds are made available that the person has Bereuter Coburn Doggett Clay Frost LaTourette Berman Collins (IL) Dornan Clayton Funderburk Laughlin an annual adjusted gross income of $100,000 Bilbray Conyers Dunn Clement Gekas Levin or more from off-farm sources. Mr. SKEEN. Mr. Chairman, I ask unanimous consent that all debate on H 7360 CONGRESSIONAL RECORD — HOUSE July 20, 1995 this amendment and all amendments counterproductive I will urge every body, and I want to express my appre- thereto close in 30 minutes. member of the Committee on Agri- ciation for everyone who has worked The CHAIRMAN. Is there objection culture to vote no, and this bill will go with the floor managers toward that to the request of the gentleman from down. end. New Mexico? Now I am not for that. I am not for This is a rough schedule, I know. I Mr. ROBERTS. Mr. Chairman, re- that. But I think we are getting a little have heard about it quite a bit. serving the right to object, everyone far afield here in terms of reasoned de- Let me just tell you, 2 weeks ago, or else objected this evening, I just bate on the very key amendments that was it a week ago, the leadership team thought it was my turn. Under my res- affect our Nation’s policy. on both sides of the aisle as well as ervation, I would like to ask the distin- If that is what we are going to do I that from the Senate went to the guished gentleman from New Mexico guess we will just have to go and do it. White House and we talked to the what the arrangement is in regard to I do not want to be obstreperous, well, President about how seriously impor- the many amendments we have pend- I do want to be obstreperous; I do not tant it is for us to move these appro- ing, and of course the very important want to really pose an obstacle, but the priations bills as quickly as possible. amendment by the two gentlemen who gentlewoman is going to offer an The President of the United States, in are not on the Authorizing Committee amendment here on means testing. It his concern for this process, knowing and not on the Appropriations Commit- should have a 30 to 45 minutes at least how much we must get done before this tee, but must have 1 hour of debate and an hour debate. It will gut the current year is over, encouraged both the an immediate vote as opposed to the 10 farm program. House and the Senate to work through or 15 or 20 other votes that affect pol- Mr. Chairman, I withdraw my res- the August recess, and the President icy, but we are going to debate them ervation of objection. If that is how we was most sincere in his encouragement tonight, not have votes, roll them over are going to do this, why, fine, but I out of a desire to have this work done, into the next day so nobody will know am just telling you this is a hell of a knowing what we must do later. what they are voting on. way to run a railroad. We made a decision that we would Mr. Chairman, is that the business of The CHAIRMAN. Is there objection prefer to preserve the August recess the committee? to the request of the gentleman from out of consideration for the fact that Mr. SKEEN. Mr. Chairman, if the New Mexico? each and every Member of this body al- gentleman will yield, I tell this won- Mr. THOMAS. Mr. Chairman, reserv- ready has a scheduled recess period derful gentleman that he is exactly ing the right to object, I do not want to that should not be disrupted. right and to not have a fit until we get threaten or anything else. I just do not We further hope to make it possible this thing reduced to some kind of a know what we are doing. What is it for each and every Member of this body settlement. I appreciate everybody’s that has been requested? What is the to avoid working on weekends between patience. This has been a very difficult unanimous-consent request? now and that August recess, and yet we situation. Mr. SKEEN. Once again, I ask unani- share the President’s conviction we Mr. ROBERTS. Mr. Chairman, fur- mous consent that all debate on this must complete these bills before we ad- ther reserving the right to object, I amendment and all amendments there- journ for the August recess. would tell my dear friend and all the to close in 30 minutes, and that is the In that interest, we are, in fact, keep- sheep that he has and the one he rode business before this committee on the ing a rigorous schedule. We prefer not in on with a saddle. With a saddle. Lowey amendment. to deny any Member their right to Mr. SKEEN. I thank the gentleman. The CHAIRMAN. Is there objection have an amendment. Irrespective of The beauty is in the eyes of the be- to the request of the gentleman from whether or not they are on the author- holder. New Mexico? izing committee or the Committee on Mr. ROBERTS. In the saddle. My Mr. THOMAS. Reserving the right to Appropriations, the Member has a concern is this. object, Mr. Chairman, does that in- right to offer this amendment. clude a vote on that amendment? We prefer not to write rules where b 2200 Mr. SKEEN. No. the Committee on Rules would dictate My concern is that the agreement Mr. THOMAS. Does the gentleman the terms of debate in terms of the has been reached between two of our from New Mexico intend to have a vote time. We prefer instead to place our colleagues, and I was a tad sarcastic tonight following debate on this confidence in the bill managers work- when I said neither were members of amendment? ing in conjunction with the people who the authorizing committee and the ap- Mr. SKEEN. No; at this present time, have the amendment to make reason- propriating committee, reserving 1 no. able time limit agreements freely and hour of debate, which is essential to Mr. THOMAS. Then I object. voluntarily among themselves out of the market promotion program, which The CHAIRMAN. Objection is heard. consideration for their colleagues. And is a very important program not only Mr. ARMEY. Mr. Chairman, I ask that is working reasonably well. for the farm program but for American unanimous consent to strike the last How badly must it work before we export and all of that. word. write rules that diminish the right of However, we have at least 8, 10, 15 The CHAIRMAN. Is there objection another Member to participate in the other amendments on means testing, to the request of the gentleman from process in the interests of time? I do the farm program, on the Export En- Texas? not think it is working that badly, and hancement Program, on the Food for There is no objection. I again applaud those folks. Peace Program and on and on. Now, we The CHAIRMAN. Pending the rec- Now it is an innovation for us to roll are not going to have an hour of debate ognition of the gentlewoman from New votes while we are in the Committee of in that regard. We are going to an- York [Mrs. LOWEY], the gentleman the Whole, and we understand it is an nounce that we are going to roll the from Texas is recognized for 5 minutes. innovation that probably does not have votes until tomorrow. Mr. ARMEY. Mr. Chairman, let me a lengthy tradition, but it’s something I doubt if there are more than six first express my appreciation to the that we thought we could do out of people on the floor when we announce managers of the bill, both on the Re- consideration for the Members, and I that, and so the debate will not be publican and the Democratic side, and think to some extent it has worked heard, but we will come in very quickly to those Members who have exercised fairly well. as of tomorrow, and we will vote, and their right to bring forward amend- I must say that some Members with we will roll those votes, and I have a ments for their willingness to work to- amendments like the gentlewoman little problem with that because it is gether and try to negotiate time limits from New York [Mrs. LOWEY] are able so late at night. on this bill, even though they are free to feel confident working with the bill I think each issue deserves this kind under the rule to hold each amendment managers that a 20-minute time limit of a policy debate, and I will tell you to the 5-minute rule. They have worked will suffice for the purpose of the de- that if some of these key amendments very hard together trying to work out bate. Others feel very strongly that are passed which I consider to be very time limits for the convenience of the maybe an hour might be required. But July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7361 I should ask you, is that Member who ting unanimous-consent requests and The CHAIRMAN. The gentlewoman says, ‘‘I really feel like I need an hour’’ vote on the amendments as they come. from New York controls the time. Will being more unreasonable than that You have every right in the world to she yield to the majority leader? Member that says, ‘‘I insist on operat- say that we are going to meet on Fri- Mrs. LOWEY. Yes, Mr. Chairman. ing under the 5-minute rule’’? It does day, maybe to a later time. Maybe the Mr. ARMEY. Reserving the right to not take that many Members to talk Friday and Monday of next week that object for just a clarification, and I beg for more than an hour under the 5- you asked for us to be off has to be the gentlewoman’s forgiveness. The minute rule. taken away. But I think people would gentleman from California did make an So I think even that Member that rather work in the daylight hours and important point, and I am sorry I for- might have said, ‘‘I would like to have into the early evening. Nine o’clock got to make this point, and I think the an hour working with the bill man- might be a time beyond which we body should know it. There will be no agers’’ should be appreciated for the ef- should not go. And if you will do that more rolled votes this evening. fort they made. I think you will finish your schedule. That is to say again, we will not roll Now, again, let me just say I am Mr. ARMEY. I thank the distin- votes over, collect votes. The votes will sorry that the objection has been guished gentleman from Missouri, the take place at the time they are called. made. I think it is unfortunate with re- distinguished minority leader for that The CHAIRMAN. The gentlewoman spect to the good effort that was made recommendation, and again I would from New York controls time. by the people involved in negotiating like you to know we try to take as Mrs. LOWEY. I just want to be sure this time. But still, nevertheless, we many innovations as we feel are fea- that at the end of yielding the time I still have our hopes to complete our de- sible under consideration. still have the 30 minutes, 15 minutes on sire and that of the President with re- At this point, I think all of our work each side to debate. spect to the completion of these bills would be more facilitated, Mr. Chair- The CHAIRMAN. There is objection before we adjourn on recess on the man, if I would surrender my time and to the unanimous consent request. fourth of August. We still have our let the floor managers get back to There is not a time limitation, and at hope and our desire that we can do so work on this bill. this time, the gentlewoman is recog- without working weekends between The CHAIRMAN. The gentlewoman nized under the 5-minute rule. now and then. We still have our hope from New York controls the time. No Mr. LINDER. Mr. Chairman, reserv- and our desire we can do so without di- other Member may be recognized un- ing the right to object. The CHAIRMAN. The gentleman minishing the rights of the Members to less she yields time. from Georgia will hold his request. participate, and we will continue to Mr. LAFALCE. Mr. Chairman, I ask There is no pending unanimous consent work toward that. unanimous consent, given the state- But I must tell you, for us to main- ments of the distinguished majority request. The gentleman from Califor- tain that schedule, we will have to fin- leader and minority leader, to renew nia has objected. ish this bill tonight. Now, we can, in the request that was previously made b 2215 by the distinguished floor manager of fact, make a decision to not finish to- POINT OF ORDER night, if you would prefer to not have this bill, that is that the gentlewoman Mr. THOMAS. Mr. Chairman, I have your adjournment for the weekend at 3 from New York [Mrs. LOWEY] be enti- a point of order. o’clock tomorrow. tled to, as I recall, a half an hour, and The CHAIRMAN. The gentleman will These are tough tradeoff decisions we that the votes would then be rolled state his point of order. have to make, and again let me thank until tomorrow. Mr. THOMAS. Mr. Chairman, I did the bill managers and those with Mr. THOMAS. Mr. Chairman, I re- not object on the last unanimous-con- amendments for their willingness to serve the right to object. sent request. participate freely and voluntarily in The CHAIRMAN. The gentleman The majority leader has told me negotiating limits on this time so that from California reserves the right to there will be no rolling of votes, and we can accommodate these tough con- object. that the vote will be called when the figurations of choices. First, does the gentlewoman from amendment is ended, and I will serve Mr. GEPHARDT. Mr. Chairman, will New York [Mrs. LOWEY] yield for that notice, I will not object, but when the the gentleman yield? request? debate is ended, I will ask for a rollcall Mr. ARMEY. I yield to the gentleman Mrs. LOWEY. I certainly accept that vote. from Missouri. Mr. Chairman. The CHAIRMAN. Under the unani- Mr. GEPHARDT. Mr. Chairman, I The CHAIRMAN. The gentlewoman mous-consent request the amendment would say to the gentleman that we from New York yields for that request. is debatable for 30 minutes, 15 minutes Mr. THOMAS. Mr. Chairman, the have worn out this body with night controlled by proponents, 15 minutes original request, I believe, was for 20 after night meetings until 9 and 10 by opponents. o’clock, and if your announcement minutes, if I am correct, 30 minutes, Mr. LINDER. Further reserving the means that without being able to get which could have been already com- right to object, Mr. Chairman, is it in this unanimous-consent request we are pleted. We would have started to vote, order for the gentlewoman from New and we would have gone home. going to sit here and grind through York [Mrs. LOWEY] to move for a mo- both amendments and vote through the To say that we are going to roll the tion to allow the debate to occur and night in order to get done, we are going vote over until tomorrow on an issue the vote to occur also? to leave the Members totally exhausted which is absolutely critical to my dis- The CHAIRMAN. There is no objec- and unable to come back here tomor- trict when somebody else decides they tion. We can enter the order imme- row and get the rest of the work done. have an amendment, it is going to be a diately, and we can begin debate. We understand what you are trying half an hour debate, but the vote will Hearing no objection, there will be a to do, and we are trying to be helpful. not occur until later. 30-minute cap on this debate. Our Members on both sides, as you I commend the majority leader for The CHAIRMAN. There was no objec- have said, have worked hard together packaging votes on a rollover basis tion. The gentlewoman from New York to try to reach unanimous-consent during the day. It has certainly been a [Mrs. LOWEY] will control 15 minutes, agreements, and they have had a good time saver. But when you have a half and an opponent will control 15 min- deal of success. an hour debate and say you are going utes. It is late. One of the reasons we are to postpone the vote until tomorrow, The Chair recognizes the gentle- having trouble keeping the agreements that is an aberration of the concept of woman from New York [Mrs. LOWEY] coming is because people are getting rolling votes. That amendment is criti- for 15 minutes. short of temper. They are wearing out. cal. Mr. ROBERTS. Mr. Chairman, I re- With the greatest of respect, I suggest PARLIAMENTARY INQUIRY serve a point of order against the that we leave tonight and we come Mr. ARMEY. Mr. Chairman, par- amendment until the gentlewoman back tomorrow, maybe with a fresher liamentary inquiry, who controls the from New York [Mrs. LOWEY] has ex- attitude, and we try to go back to get- time? plained her amendment. H 7362 CONGRESSIONAL RECORD — HOUSE July 20, 1995 The CHAIRMAN. The gentleman ment Waste, Citizens for a Sound Econ- Mr. Chairman, I think it is extremely from Kansas [Mr. ROBERTS] reserves a omy, the Environmental Working important to know how the gentle- point of order against the amendment Group, the National Taxpayers Union, woman’s amendment would be adminis- offered by the gentlewoman from New and USPIRG. It is in the CBO’s Spend- tered if, in fact, it even would be ad- York [Mrs. LOWEY] but asks first she ing and Revenue Options, and even the ministered. have the opportunity to explain her Heritage Foundation supports the con- Mrs. LOWEY. Would the gentleman amendment. cept. clarify the point of order? The point of order is reserved. CBO estimates that this amendment Mr. ROBERTS. I would like to know The Chair recognizes the gentle- will save $41 million in fiscal year 1996 if the gentlewoman’s amendment, if woman from New York [Mrs. LOWEY] alone, and USDA estimates a 5-year the restriction that somehow the Sec- for 15 minutes. savings of $450 million. retary of Agriculture would administer PARLIAMENTARY INQUIRIES Mr. Chairman, this proposal makes without the gentlewoman telling the Mrs. LOWEY. Mr. Chairman, I have a fiscal sense, and it makes policy sense. Secretary how to administer it, would parliamentary inquiry. I urge my colleagues to support the that be applicable to 1995, or 1996, or The CHAIRMAN. The gentlewoman Lowey-Greenwood-Andrews-Schumer what year? will state her parliamentary inquiry. amendment. Mrs. LOWEY. Mr. Chairman, I be- Mrs. LOWEY. Mr. Chairman, is the Mr. SKEEN. Mr. Chairman, I yield 8 lieve, as the gentleman is aware, the gentleman from Kansas proceeding minutes to the gentleman from Kansas amendment is printed in the RECORD, with his point of order? [Mr. ROBERTS]. and the gentleman will have to state The CHAIRMAN. The gentleman The CHAIRMAN. Does the gentleman his point or order. from Kansas reserves his point of from Kansas insist on his point of Mr. ROBERTS. In other words the order. order? gentlewoman cannot tell me whether Mr. ROBERTS. Mr. Chairman, has Mr. ROBERTS. Mr. Chairman, I re- this is applicable to crop year 1996 or the gentlewoman explained her amend- serve my point of order and ask the 1995. I am just asking the gentlewoman ment? gentlewoman for several clarifications, a simple question. The CHAIRMAN. The gentlewoman if I might. Mr. Chairman, I can understand the Would the gentlewoman advise me as from New York [Mrs. LOWEY] may pro- concern of the gentlewoman because ceed with explaining her amendment. to how people would make known to she does not know. She controls 15 minutes of time. the Secretary of Agriculture that a In order to implement her amend- Is the gentleman from New Mexico person has an annual adjusted gross ment, and this is the final question, off-farm income in excess of $100,000 [Mr. SKEEN] opposed to the amend- and we will get to the end of this, ment? and what the Secretary would do to ob- would the Secretary obtain income tax Mr. SKEEN. Yes, I am, Mr. Chair- tain such information? returns from the IRS, or require pro- Mrs. LOWEY. Mr. Chairman, will the man. ducers to bring in a tax return, or re- The CHAIRMAN. Then the gen- gentleman yield? Mr. ROBERTS. I yield to the gentle- quire producers to certify their off- tleman from New Mexico [Mr. SKEEN] woman from New York. farm income in order to verify any off- will control 15 minutes of time as well. Mrs. LOWEY. Mr. Chairman, I re- farm income? The Chair recognizes the gentle- ceived assurance that the Department Mrs. LOWEY. I believe, Mr. Chair- woman from New York [Mrs. LOWEY]. of Agriculture would understand the man, that the amendment speaks for Mrs. LOWEY. Mr. Chairman, I yield intent of this amendment and would itself. The intent is clear, and, if the myself such time as I may consume. put in place appropriate steps to carry gentleman does not have a point of Mr. Chairman, the Lowey-Greenwood- out the intent of this amendment. order, I believe we should proceed. Andrews-Schumer amendment would Mr. ROBERTS. That the Secretary Mr. ROBERTS. Mr. Chairman, I will disqualify those earning more than would put into place appropriate steps raise the point of order once I get the $100,000 in off-farm income for receiv- to carry out the amendment? clarification if, in fact, the gentle- ing subsidy payments. That is off-farm Mrs. LOWEY. I am saying that I un- woman can tell me. I am not trying to income. The proposal would stop derstand that the Department of Agri- be argumentative. I am trying to find wealthy landowners who often do not culture would understand the intent of under clarification whether a point of live or work on their farms from re- the amendment and the appropriate order should lie against the gentle- ceiving these subsidies. process would follow. woman’s amendment. I have discussed Mr. Chairman, the farm subsidy pro- Mr. ROBERTS. Well, let me keep on this with the gentlewoman prior to dis- gram was originally intended to help with my questioning if I might. cussion as of this late hour. What I am family farmers stay on their land and Would the gentlewoman advise me trying to determine is will her amend- produce a crop. Today, too many sub- whether the Secretary would verify the ment in any way require anybody to sidies go to independently wealthy, information received on off-farm income in and ask for information of our non-resident farm owners who do not come and what the Secretary would do Nation’s farmers. Will her amendment work their own land. This amendment with that information? require anybody to go and obtain infor- affirms our commitment to those fam- Mrs. LOWEY. Mr. Chairman, as I be- mation? If the information does come ily farmers who struggle each year to lieve this body is aware on appropria- in, will anybody verify it? keep their farms an grow a crop. tions bills, we have the right to offer a b There are many people engaged in limitation amendment, but we do not 2230 this debate who are saying we should have the right to dictate the policy. Mr. ROBERTS. Mr. Chairman, is eliminate all agricultural subsidies. I The intent of the amendment is clear. there any additional duties required of do not agree. But clearly we must Mr. ROBERTS. Would the gentle- the secretary under the gentlewoman’s make this program more accountable woman please clarify for me and the amendment? to the needs of America’s farmers. This membership what calendar year does Mrs. LOWEY. Mr. Chairman, as I un- rational change in the program will en- her amendment apply to—1995? 1996?— derstand it, it is not the responsibility sure that those people receiving these and what duties it would impose on the of myself to develop the point of order. subsidies truly deserve them. Secretary or other Federal agencies? Mr. ROBERTS. So the answer is no. In an era of tight budgets, how can Mrs. LOWEY. Mr. Chairman, may I Mrs. LOWEY. Mr. Chairman, the in- we justify giving these subsidies to have clarification on the gentleman’s tent of the amendment is clear. millionaires like Sam Donaldson? It questions? Are they all part of the Mr. ROBERTS. Mr. Chairman, so the just does not make sense. point of order? answer is no. According to USDA, this proposal Mr. ROBERTS. I am just reserving Mrs. LOWEY. Mr. Chairman, as I unwill only affect 2 percent of farm own- the point of order under the 5 minutes. derstand it, I do not have the obliga- ers. The proposal is supported by the If I could, I will reclaim my time for tion to develop the point of order. Clinton administration, and groups as clarification to determine if this gen- Mr. ROBERTS. So then would the diverse as Citizens Against Govern- tleman would raise a point of order. gentlewoman agree that what we have July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7363 here is the equivalent of a strong in- program payment. It is the tenant. The tleman from Pennsylvania. The prob- tent, and I am not trying to put words tenant will lose their lease. The tenant lem is, none of that applies to this in the gentlewoman’s mouth, a strong will be forced to go to cash rent be- amendment. If someone is passively in- intent, a sense of the House then in cause the landowner will not continue volved, if it is a hobby of farming, if terms of intent, sort of a sense of the with crop share. they do not have labor or management House resolution that this would be the This amendment will hurt the very involvement, the 1987 Budget Rec- intent of the gentlewoman? In terms of people that we are supposed to be help- onciliation Act said that they cannot mandatory legislation, that that would ing. Every farmer in the country, if participate. not apply here; this is more of a sense this is implemented, is going to have to Those people have already been of the House of Representatives that deal with the IRS in some form; 1.7 of taken care of. Please read this amend- this would be the case? America’s farmers are in this category. ment. What it says is that you are Mrs. LOWEY. Mr. Chairman, I think I can tell you if they have off-farm going to deny the funds to these people the intent of this amendment is clear. income in excess of $100,000, this will be when it is made known to the Federal It was ruled in order by the par- the lawyer and CPA full employment entity. When it is made known? How? liamentarian, and as I understand it, act of 1995. They will separate out that When it is made known, it is going to we do not have an obligation to define income, and it will not achieve what is be denied. And it is adjusted gross in- it further. This amendment certainly intended. We will not have the savings. come of $100,000, adjusted gross income. expresses the intent. Mr. Chairman, I will not raise a point Come with me to Shafter, California, Mr. ROBERTS. Mr. Chairman, I am of order. I thank the gentlewoman. I to Wasco, California, to Pixley, Califor- not going to raise a point of order. I respect the gentlewoman. I urge a no nia. Who runs the tractor equipment will not raise a point of order. I will vote on the gentlewoman’s amend- shop? Who runs the fertilizer shop? simply, for discussion purposes, pro- ment. Who are the small businessmen in ceed. Mrs. LOWEY. Mr. Chairman, I yield 2 these agriculturally oriented towns? I think the House can understand minutes to the gentleman from Penn- The folks who farm as well. You deny what is apparent here. We have no way sylvania [Mr. GREENWOOD]. them $100,000 gross income, and they of knowing how this is going to be en- Mr. GREENWOOD. Mr. Chairman, I are not either going to be able to be forced. It is a simple attempt here that rise to commend the gentlewoman the businessmen or they are not going the only option the secretary has in from New York for offering this fis- to be able to farm, and those small this regard, and I am talking about cally conservative and well considered towns need both to survive. Secretary Glickman, a former friend amendment. The Lowey amendment It is a poorly conceived amendment. and colleague of us all, is to somehow simply ensures that those who need You are going after the wrong target. I sit back and let the information in re- subsidy payments receive them. am with you if you want to get the gard to all farm income simply come to This not only benefits the American Sam Donaldsons and the passive people him. taxpayers but it greatly benefits those who do not really put labor or manage- Now, maybe a farmer, in a fit of tax- small-independent farmers who need ment into farms. We have already got- payer-induced guilt, will walk into the subsidies to survive. ten rid of those folks. You are creating secretary’s office with a certified copy Too often, Mr. Chairman, the Federal a nightmare in terms of IRS forms, and of his tax return and tell Secretary Government gives subsidies to those you are going to destroy small towns Glickman that he makes more than who simply do not need them. We have by taking small businessmen who are $100,000 off the farm and please request seen this in too many of our Federal also farmers who provide two good that the secretary now pay him. How- programs, however, this has been par- services. And you are saying, you can- ever, barring this kind of situation, ticularly true with agriculture sub- not do both. this amendment will be, because the sidies. It is a bad amendment. Please vote secretary cannot, I repeat, cannot, Independently wealthy, non-resident no. deny any farm program payments for farm owners have been collecting tax- AMENDMENT OFFERED MY MR. MINGE TO THE which a producer is eligible under cur- payers dollars for farm subsidies, and AMENDMENT OFFERED BY MRS. LOWEY rent law without making some kind of in turn, taking resources away from Mr. MINGE. Mr. Chairman, I offer an active determination that some pro- those farmers who depend on these sub- amendment to the amendment. ducers off-farm income exceeds the sidies for their very existence. The Clerk read as follows: This assistance was never meant to $100,000. Amendment offered by Mr. MINGE to the In other words, passively waiting for support someone’s hobby, which hap- amendment offered by Mrs. LOWEY: Line 8 is off-farm income information to come pens to be farming. To the contrary: It amended to insert the following language floating into his office is not a basis for was developed to help those farmers after the word ‘‘person’’: ‘‘who resides in an denying payments that the courts, the who truly depend on the land; those incorporated municipality with a population courts will find acceptable when the farmers who every year have the threat that exceeds 50,000, as determined by the 1990 secretary begins denying payments to of the bank foreclosing on their only census, or the person’’ producers. means of income; and, those farmers Mr. DURBIN. Mr. Chairman, I re- Let me also say that other than the who live day-by-day with the threat of serve a point of order against the point of order concern and that there losing their land and their crop because amendment to the amendment. are no marching orders whatsoever on of inclement weather. The CHAIRMAN. A point of order is how this is going to be implemented Mr. Chairman, I need not remind any reserved. and that every farmer in America, the of my colleagues what the message was Under the previously agreed to unan- 98.3 percent who do not make anything last November. The American Public imous consent agreement, the amend- close to $100,000, will have to fill out wants real reform, no more giveaways, ment by the gentleman from Min- forms and paperwork if this is adminis- or out of control programs. nesota is not separately debatable and tered, and the gentlewoman is careful I urge all of my colleagues to support must be dealt with in the time param- to say that she will not do that, think the Lowey amendment. We can no eters now controlled by the gentleman of the forms and the regulations that longer mortgage our children’s future from New Mexico [Mr. SKEEN] and the everybody is going to have to put up to subsidize those who do not need it. gentlewoman from New York [Mrs. with. Mr. SKEEN. Mr. Chairman, I yield 2 LOWEY]. Now, there are several other reasons minutes to the gentleman from Califor- The Chair recognizes the gentle- why this is not a good idea. nia [Mr. THOMAS]. woman from New York [Mrs. LOWEY]. Mr. Chairman, the real victims here (Mr. THOMAS asked and was given Mrs. LOWEY. Mr. Chairman, I yield 2 are not the people that have been pil- permission to revise and extend his re- minutes to the gentleman from Illinois loried simply because they have off- marks.) [Mr. DURBIN]. farm income, the doctors, the lawyers, Mr. THOMAS. Mr. Chairman, I have Mr. DURBIN. Mr. Chairman, I rise in the Sam Donaldsons. Lord knows, I do no quarrel whatsoever with any of the support of the amendment being of- not care if Sam Donaldson gets a farm statements that were made by the gen- fered by the gentlewoman from New H 7364 CONGRESSIONAL RECORD — HOUSE July 20, 1995 York, and I would like to put this into It is true, several years ago, in fact, student loans. It has made decisions to a perspective that may not have been 1981, this Congress decided to move reduce school lunch allocations. noted to this point in the debate. farm policy in a market-oriented direc- Now we are being asked to do the fol- Several years ago, the United States tion and away from subsidization. And lowing: we are being asked to say that Congress passed a law which recognized we have proceeded steadily in that di- people who own farms, who have gross that we have a limited amount of re- rection and we will continue so in this adjusted income other than from farm- sources available to pay farmers in year, the 1995 farm bill. ing of more than $100,000 a year, other America. We came to the understand- Applying an income test fundamen- than from farming, should no longer be ing that we cannot pay every farmer tally modifies the function of agricul- given a Federal welfare check. all of the eligible amounts that they tural programs and breaks the link be- In the same year, my colleagues, in might be entitled to under a program. tween the programs and the accom- which we are saying that we can cut So we said, there is a $50,000 payment plishments of national objectives under back on school lunches and student limitation. No matter how large your the current law. Producers would be loans and environmental protection, farm might be, no matter how com- excluded on the basis of a randomly se- are we not ready to say to those who plicated your personal circumstances, lected income test. own farms and have income other than that is it, $50,000. Listen again to the answers of the from farming, other than from farm- Many farmers then raced off to meet gentlewoman from New York as she ating, in excess of $100,000 a year, that it with their accountants and attorneys tempted to answer the questions of the is about time that they took a cut, to figure out how to get around it, how gentleman from Kansas [Mr. ROBERTS]. too? to put the farm in the brother’s name She could not and would not for a very If this is to be a revolutionary year or in the uncle’s name, the son’s and good reason. There are no good an- in the Federal budget, let the revolu- daughter’s, wife and everybody so that swers. tion continue with the Lowey amend- they could split it up and everybody If she did answer them, there would ment. Support it. It is the right thing would get $50,000. But it did not work in fact have been a point of order logi- to do. in some instances and some of the cally applied to this amendment, be- Mr. SKEEN. Mr. Chairman, I yield 2 wealthy or bigger farmers in my part cause we ought not to be dealing with minutes to the gentleman from Okla- of the world basically got out of the these kind of matters on an appropria- homa [Mr. LUCAS]. program. tion bill. We ought to be debating them Mr. LUCAS. Mr. Chairman, most in What the gentleman from New York as we change the direction of farm pol- America understand the term ‘‘learn is suggesting is that we recognize this icy. from our mistakes.’’ However, it seems reality again. It is not just a $50,000 If we want to go back to a fully sub- Congress sometimes forgets this fun- payment limitation now. It is who will sidized, away from market-oriented di- damental dogma of society. receive it. Who will receive it. Pick up rection, then let us do that in the 1995 Does the author of this amendment your investment manuals, and you will farm bill. But to fundamentally change realize that over the years numerous find a lot of recommendations and ad- tonight by means testing, you simply changes have been made in the way vice on where to put your money. will move away from market orienta- Federal farm program payments have Stocks and bonds and mutual funds tion. been made, limited and targeted to cer- and investments and gold and silver The unintended consequences are tain individuals? These changes have and this and that, some will suggest, many. Means testing could cause a de- always been made by the Committee on buy farmland. Good investment. cline in the number of producers who Agriculture and have had a wide vari- Well, the folks that make that deci- participate. We know what will happen ety of results, sometimes intended, sion, the investors who buy farmland with means testing. The 2 percent that sometimes not so intended. are interesting people, but I do not we are talking about tonight will im- Who does this amendment really im- think we should shed a lot of tears mediately cash rent their farms to pact? Banning the so-called wealthy about those folks. their tenants. When you cash rent, that landowners with large off-farm in- What we are dealing with here are will have an obvious effect on that ten- comes from participating in the pro- people with off-farm income in excess ant farmer. The tenant farmer will grams will create collateral damage, of $100,000. How many farmers today re- have to go to the bank, will have to surely unforeseen by the author of this ceiving money under the program fall borrow the money to put it up. That is amendment. This amendment will not into that category? Off-farm income in the rules of the FSA office today. hurt rich people, it will hurt the small excess of $100,000? A few Members of There are so many reasons to oppose tenant farmers who rent from someone, Congress, I might add. But 2 percent, this amendment tonight. I could go on, who inherited their property, or left overall 2 percent of the farmers have but time is limited. agriculture for other opportunities. off-farm income in excess of $100,000. So These amendments hinge on many fac- b 2245 are we going to decide now to sacrifice tors, or agreements, I should say, in- these programs and to cut back se- Mr. Chairman, I urge opposition to cluding crop yields, weather, good verely to benefit that 2 percent of in- the amendment, and would urge the management, and yes, Federal farm vestors? I hope not. gentlewoman to seriously consider programs. The CHAIRMAN. Does the gentleman withdrawing the amendment. If a source of income was stripped from Illinois [Mr. DURBIN] have a point Mrs. LOWEY. Mr. Chairman, I yield 2 out of this equation, the small tenant of order against the amendment offered minutes to the gentleman from New farmer is likely to be pushed off the by the gentleman form Minnesota to Jersey [Mr. ANDREWS]. land or forced to move to a cash rent the amendment offered by the gentle- Mr. ANDREWS. Mr. Chairman, I agreement, which moves all the pro- woman from New York? thank the gentlewoman for yielding duction risk to the producer and away Mr. DURBIN. Mr. Chairman, I with- time to me. from the landowner. draw my reservation of a point of Mr. Chairman, I rise to oppose the Mr. Chairman, let me make a per- order. Minge amendment and support the un- sonal observation about this issue. I Mr. SKEEN. Mr. Chairman, I yield 2 derlying Lowey amendment. Mr. Chair- am a career farmer and rancher from minutes to the gentleman from Texas man, this has been a revolutionary western Oklahoma. I have experienced [Mr. STENHOLM]. year, or promises to be a revolutionary the euphoria of a bountiful harvest, (Mr. STENHOLM asked and was year with respect to the budget of the and the financial burdens of a short given permission to revise and extend United States. This Congress has made crop. I know what it is like to be a his remarks.) decisions to give school districts less young farmer just starting out, being Mr. STENHOLM. Mr. Chairman, I money to teach children how to read, primarily a cattle rancher, a cow-calf rise in opposition to this well-intended for better or for worse, I think for operation. It has been about 10 years but having an entirely different effect worse. It has made decisions to dredge since I have participated in any Fed- amendment than the gentlewoman pro- fewer rivers. It has made decisions to eral program, and I have no plans to poses. raise rates of interest for students for start in the future. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7365 Being a Member of Congress, and the culture, the gentleman from Kansas, come over $100,000, he wants to limit it compensation that comes along with [Mr. ROBERTS] says; it is impractical to to only those people who live in incor- this job, the author’s amendment try to implement this amendment. To porated municipalities with a popu- would prohibit me from participating the gentleman from California, we lation that exceeds 50,000. I guess that in any of these programs. I do not quib- have taken care of the extreme situa- is the city folks he has gone after, but ble with that. I do argue the fact that tions like Sam Donaldson, with active the fact is I live in a part of the world should I decide to change the focus of participation language in the 1987 where rich people live out in the coun- my agribusiness, this amendment budget reconciliation. We are talking try, too. If we are going after folks would place a young farmer-rancher about the difference here between crop with off-farm income in excess of from my home county who is just try- rent and cash rent. We are not hitting $100,000, it really does not make any ing to start out in farming at a dis- the people that the gentlewoman from difference to me where they live. advantage. With this limitation, Mr. New York is fully trying to get at. We Mr. MINGE. Mr. Chairman, will the Chairman, we force them to cash rent, are going to be damaging the small gentleman yield? I think he has mistake them out of crop share, put the farmers across this Nation that are interpreted the amendment. burden only on the small producer, and providing an affordable and abundant Mr. DURBIN. I do not thing I have. wipe him or her out. food supply on the grocery store Mr. MINGE. Yes, he has turned it in- Mrs. LOWEY. Mr. Chairman, I yield 2 shelves. side out. minutes to the gentleman from New Mr. Chairman, I encourage my col- Mr. DURBIN. What we have here is a York [Mr. SCHUMER]. leagues to vote against this amend- restriction that only applies to those Mr. SCHUMER. Mr. Chairman, I ment. With all due respect to the gen- who reside in incorporated municipali- thank the gentlewoman for yielding tlewoman, I do believe she does not ties. I do not know what the gentleman time to me. quite understand. I come from a sev- is doing this for, but frankly, it goes Mr. Chairman, I rise in support of enth-generation farm family. Most of beyond the intent of the amendment this amendment. Let me just make a the farmers in my district are hard- offered by the gentlewoman from New couple of points. First, I think every working farmers. They understand, York. I hope we will defeat the amend- one of us knows that farming is very too, that if they do not have that sub- ment offered by the gentleman from tough work. It is backbreaking. It de- sidy in order to be able to pay back Minnesota [Mr. MINGE], and then pends on weather and other vicissi- that cash rent, there is absolutely no adopted the amendment offered by the tudes far away from what people do. I way they will be able to continue farm- gentlewoman from New York [Mrs. think that there is a great deal of sym- ing. LOWEY]. pathy, with justification, for the Amer- Mrs. LOWEY. Mr. Chairman, I yield 1 Mrs. LOWEY. Mr. Chairman, I yield ican farmer. However, we are not really minute to the gentleman from Massa- myself such time as I may consume. talking about the American farmer chusetts [Mr. MEEHAN]. Mr. Chairman, the intent of this here. We are talking about people who Mr. MEEHAN. Mr. Chairman, entitle- amendment is very clear. We want to have large, large non-farm incomes ment spending is the fastest growing be sure that the farm subsidy programs who are not farmers. They may own portion of the Federal budget. And if are helping the farmers who are farmland, but they are not farmers. ing the land, keeping the farmers on Everyone says that this will deci- we don’t do something to slow the rate their land. This amendment only per- mate the farm programs. Mr. Chair- of growth now, in 35 years the entire tains to those people, too often very man, let me tell the Members who we budget will be spent on mandatory pro- wealthy investors with more than are dealing with. We are dealing with a grams. Most people know that Medicare and number of people who receive less than $100,000 in off-farm income. We understand many of the questions 2 percent of all the deficiency pay- Social Security are entitlement pro- which have been posed to us today. ments, not 2 percent of the farmers. It grams, but they don’t realize that farm is far less than 2 percent of the farm- subsidies and business tax breaks are They are just not relevant. This ers. It is probably less than half of 1 entitlements, too. If we want to be amendment only pertains to those in- percent of the farmers. It is 2 percent even-handed about making spending vestors with off-farm income over of the entire farm income. What does cuts to eliminate the deficit, every $100,000. They should not be receiving a the average family farmer make? Be- mandatory spending program will have subsidy in these very difficult times. tween $30,000 and $35,000 for getting up to be on the table. We were on a committee today that early in the morning, working late at The Lowey-Schumer amendment is a was cutting student loans and cutting night, working hard, worrying about reasonable and fair approach to curb- all kinds of programs that help our the weather. We are not talking about ing farm entitlements. Let’s face it, a people in all of our communities those people. We are talking about the farmer with an annual non-farm ad- around this country. Why should some- people who do not deserve this kind of justed income of more than $100,000 body with an income over $100,000 get a price support from the Government, doesn’t need any more government farm subsidy paid for with taxpayer and who ruin it for the rest of the handouts. dollars? It is the right thing to do. I farmers. If we’re serious about balancing the hope Members will support this amend- Every time there is one of these TV budget, and getting a handle on the ment. things on, the whole program gets growing national debt, we need to stop Mr. SKEEN. Mr. Chairman, I yield knocked. If Members want to reform giving money to people who clearly such time as he may consume to the the program before it goes away, this is don’t need it. gentleman from Nebraska [Mr. a very, very logical amendment to sup- Vote for the Lowey-Schumer amend- BARRETT]. port, and I urge my colleagues to do it. ment, and put some reasonable limits (Mr. BARRETT of Nebraska asked Mrs. LOWEY. Mr. Chairman, I yield 1 on farmers’ access to the Federal and was given permission to revise and minute to the gentlewoman from Ar- trough. extend his remarks.) kansas [Mrs. LINCOLN]. Mrs. LOWEY. Mr. Chairman, I yield 1 Mr. BARRETT of Nebraska. Mr. Mrs. LINCOLN. Mr. Chairman, I minute to the gentleman from Illinois Chairman, I thank the gentleman for thank the gentlewoman for yielding [Mr. DURBIN], the ranking minority yielding time to me. time to me. member. Mr. Chairman, in the interests of With all due respect to the gentle- Mr. DURBIN. Mr. Chairman, since time, I rise in strong opposition to the woman from New York, we are not the gentleman from Minnesota offered amendment offered by the gentle- talking about windowbox gardens, we his amendment under this restricted woman from New York [Mrs. LOWEY]. are talking about large farming oper- time, we will not have any time to de- Mr. Chairman, I rise in opposition to the ations that provide an abundant and bate it, but I would like to explain Lowey amendment, to limit farm program pay- affordable food supply on the grocery what he has done, or tries to do with ments based on a producer's off-farm income. stores shelves of this Nation. his amendment. He wants to say it just You've already heard it said on the floor I would like to reiterate what the is not a question of whether or not you today, you've heard it from other members of chairman of the Committee on Agri- happen to be a person with off-farm in- the Agriculture Committee, and now I'm going H 7366 CONGRESSIONAL RECORD — HOUSE July 20, 1995 to say it again. This is not the time, nor the good friend, Congresswoman NITA LOWEY, fancy Los Angeles home, drives a luxury car, proper bill, to be reforming and tinkering with which would prohibit commodity payments to and enjoys a salary of well over $100,000 Federal farm programs. producers with off-farm income exceeding from a downtown Los Angeles business may In just 2 months, we will have a farm bill out $100,000. receive a check every year from the U.S. De- here on the floor, and I will welcome debate This amendment is short-sighted because it partment of Agriculture as a deficiency pay- on this issue. Save your amendment for that severely undervalues the critical importance of ment for the wheat on his Kansas farmland. time. the off-farm contribution to agriculture. He may never even visit this land, yet checks Agriculture will do its share and more, to- But I also think it conveys a basic lack of are delivered, without fail, to his home in Los ward deficit reduction and a balanced budget. understanding of what is happened on the Angeles every year. We're going to report out a farm bill that saves farm in the U.S. today. Unbelievably enough, checks for gentlemen $13.4 billion in mandatory farm program First, let's realize how small a target the farmers just like this are arriving in mailboxes spending over the next 7 years, just as was gentlelady is shooting atÐthe Department of in big cities across the country at taxpayer ex- proposed in our final budget resolution. That's Agriculture tells us that the households tar- pense. There are 735 so-called farmers re- a chunk of money out of the pockets of the geted by the this amendment represent less ceiving subsidies in the city of Los Angeles people who put the food on your table, but we than 2 percent of all farm operator households alone, and I know they are not living on family are going to do it. and receive just 2.3 percent of all deficiency farms. They may grow tomatoes in their back- Finding that $13.4 billion in savings may payments. yards, but certainly not wheat, rice, feed-grain mean that we may have to abandon totally the Second, let's examine the American firm or cottonÐthe crops for which deficiency pay- whole price-support, supply-management farm today so we can put this amendment in a little ments are made. program we've had around since the 1930's. I context. The U.S. Government has been paying so- can assure you as chairman of the sub- Today, only 57 percent of the 945 million called farmers who live in big cities and have committee that will start to draft the farm bill, acres of U.S. farmland is actually owned by an annual adjusted gross income of $100,000 that we are looking at all alternatives. those who farm it. The rest is cash-rented or or more from off-farm sources far too long. We may bring out a bill that has an ex- crop-shared. Over the past decade, taxpayers have paid panded payment limitation, tied to off-farm in- Excluding this rented land from payments more than $1.3 billion to city-dwelling farmers come as proposed in this amendment; or the would undermine the conservation and supply whose permanent full-time residence is in the issue may be moot under some new agri- control objectives of Federal farm policy. heart of one of the 50 most populous urban culture support system. The amendment pro- It is important to remind my colleagues that areas in the United States. poses a cut-off of $100,000Ðhow do we know these are not income distribution programs. I strongly support the Lowey amendment, if that is the correct cut-off, without knowing We are talking about price stabilization pro- and I encourage all of my deficit hawk col- the context of the program for the next 5 or 7 grams for important crops which, in turn, per- leagues to join me. During a time when reduc- years? mit American consumers to pay less of their ing the deficit is of tantamount importance, this Let's wait and debate payment limitations in incomes for food than any other country in the Government handout should be among the the proper context, that being the 1995 farm world. first to go. This amendment will save tax- bill. Oppose this amendment. We are talking about conservation programs payers $41 million in fiscal year 1996 alone. Mr. SKEEN. Mr. Chairman, I yield for important cropland to protect our farmlands As a supporter of the balanced budget, I be- the final 1 minute to the gentleman from erosion and to protect our waterways lieve that cutting payments like those to city- from Idaho [Mr. CRAPO]. from excessive runoff. dwellers making over $100,000 is critical to Mr. CRAPO. Mr. Chairman, we have Without the incentive of farm payments, achieving our goal. For this deficit hawk, there had lots of folks here from large metro- these owners would be longer be bound by are many tough budget choices ahead, but politan areas telling us how we should strict conservation and land management this is not one of them. Cutting subsidies for micromanage our farm program. How- rules. those who don't need them is fiscally respon- ever, once again, those who would like As a result, we would jeopardize vast sible, and it's the right thing to do. to micromanage this program have cre- amounts of environmentally sensitive land, This amendment will keep subsidies out of ated a rule that is going to hurt the and we would impair the ability of the program the hands of wealthy, nonresident farmowners very people that they say they are try- to stabilize markets for important crops. who don't need or deserve them without curing to help. What will this program, We must also remember that these owners tailing subsidies to hardworking, family farm- which affects at most only 1.7 percent share the financial risks of crop production ers. Please join me in supporting the Lowey of the participants in agriculture, do? with farm operators. These off-farm investors amendment. It is going to do just as other speakers infuse significant capital into the agricultural The CHAIRMAN. All time has ex- have said. It is going to cause those sector, generating many of the jobs, and much pired. landowners who then will not be able of the economic activity in rural America. The question is on the amendment to participate in this program to shift Without this capital, farmland values could offered by the gentleman from Min- from their rent programs to cash rent decrease, creating equity problems for farmers nesota [Mr. MINGE] to the amendment programs. Then the risk is all going to and creditors alike. offered by the gentlewoman from New be shifted to the tenants. This investment is a critical source of fund- York [Mrs. LOWEY]. This will allow the landlord to pro- ing for those who would not be able to farm The amendment to the amendment tect against his loss, and the tenants otherwise. will then not be able to share with the This amendment would deny the right to was rejected. landlord some of the benefits of this farm to thousands of young farmers who are The CHAIRMAN. The question is on program. The tenant will then have his starting off with limited resources, and who the amendment offered by the gentle- ability to secure bank financing risked lack the large amounts of cash that would be woman from New York [Mrs. LOWEY]. and put at jeopardy, and the net result needed to buy their own land in order to farm. The question was taken; and the will be no loss of income to those who These owners are, in many cases, retired Chairman announced that the noes ap- are being attacked in this proposal, farmers, or sons and daughters of farmers, peared to have it. and instead, an economic harm to the who are only trying to keep the farm in the RECORDED VOTE farmer-tenant. family. Often, they make it possible for their Mrs. LOWEY. Mr. Chairman, I de- Why should we take a step now in siblings or offspring to remain on the farm. mand a recorded vote. this House to try to micromanage the In short, farm programs are not welfare pro- A recorded vote was ordered. farm plan when the Committee on Ag- grams. income tests like this amendment help The vote was taken by electronic de- riculture, which is served by those who to discourage productivity and efficiency, and vice, and there were—ayes 158, noes 249, understand these programs, is going to in the long run, undermine the competitive- answered ‘‘present’’ 8, not voting 19, as be getting a full review of it in the next ness of U.S. agriculture in world markets. follows: few months? Let us let those who know I strongly oppose the gentlelady's amend- [Roll No. 545] what is going to be done by these pro- ment, and I urge my colleagues to vote ``no'' AYES—158 grams do the managing. on the Lowey amendment. Ackerman Barrett (WI) Berman Mr. FAZIO of California. Mr. Chairman, I rise Ms. HARMAN. Mr. Chairman, imagine this Andrews Becerra Bilbray in opposition to the amendment offered by my scenario: A so-called farmer who lives in a Barcia Beilenson Bilirakis July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7367 Blute Inglis Owens Lewis (KY) Pastor Souder scribed, and the final passage on the Borski Istook Pallone Lightfoot Paxon Spence agriculture bill and hope to go home by Brown (OH) Jackson-Lee Payne (NJ) Lincoln Payne (VA) Spratt Bryant (TX) Jacobs Pelosi Linder Peterson (FL) Stenholm 3 p.m., not a.m. Bunn Johnson (SD) Petri Lipinski Peterson (MN) Stump b Cardin Kanjorski Porter Livingston Pickett Tanner 1120 Clay Kaptur Ramstad Lucas Pombo Tauzin Mr. SKEEN. Mr. Chairman, I move Collins (IL) Kennedy (MA) Rangel Manton Pomeroy Taylor (MS) Conyers Kennedy (RI) Reed Manzullo Portman Taylor (NC) that the Committee do now rise. Coyne Kennelly Rivers Matsui Poshard Tejeda The motion was agreed to. Davis Kildee Rohrabacher McCollum Pryce Thomas Accordingly the Committee rose; and McCrery Quillen Thompson DeFazio King Roukema the Speaker pro tempore [Mr. LAHOOD] DeLauro Kleczka McDade Quinn Thornberry Roybal-Allard having assumed the chair, Mr. KLUG, Dellums Klink Royce McHugh Radanovich Thornton Deutsch Klug Rush McInnis Rahall Thurman Chairman of the Committee of the Dicks LaFalce Salmon McIntosh Regula Tiahrt Whole House on the State of the Union McKeon Richardson Traficant Dixon Lantos Sanders Meek Riggs Visclosky reported that the Committee, having Doggett Largent Sanford Metcalf Roberts Vucanovich had under consideration the bill (H.R. Doyle Lazio Scarborough Duncan Levin Mink Roemer Waldholtz Schroeder 1976) making appropriations for Agri- Durbin Lewis (GA) Molinari Rogers Walker Schumer culture, rural development, Food and Engel LoBiondo Mollohan Ros-Lehtinen Walsh Sensenbrenner Ensign Lofgren Montgomery Rose Wamp Drug Administration, and related agen- Shadegg Eshoo Longley Moorhead Roth Watts (OK) cies programs for the fiscal year ending Shaw Evans Lowey Murtha Sawyer Weldon (FL) September 30, 1996, and for other pur- Fattah Luther Shays Myrick Saxton Weller Fawell Maloney Slaughter Nethercutt Schaefer White poses, had come to no resolution there- Filner Markey Smith (WA) Neumann Schiff Whitfield on. Stearns Flake Martini Ney Scott Wicker f Flanagan Mascara Stockman Norwood Seastrand Williams Stokes Ford McCarthy Nussle Serrano Wise LIMITING AMENDMENTS TO BE Fox McDermott Stupak Ortiz Sisisky Wolf Frank (MA) McHale Talent Orton Skaggs Wynn OFFERED DURING FURTHER Franks (NJ) McKinney Tate Oxley Skelton Young (AK) CONSIDERATION OF H.R. 1976, AG- Frelinghuysen McNulty Torkildsen Packard Smith (NJ) Young (FL) RICULTURE, RURAL DEVELOP- Frisa Meehan Torres Parker Smith (TX) Zeliff Torricelli MENT, FOOD AND DRUG ADMIN- Furse Menendez ANSWERED ‘‘PRESENT’’—8 Gejdenson Mfume Towns ISTRATION, AND RELATED Gilman Mica Tucker Dooley Meyers Skeen AGENCIES APPROPRIATION ACT, Gonzalez Miller (CA) Upton Ewing Myers Smith (MI) 1996 Graham Miller (FL) Velazquez Ganske Sabo Green Mineta Vento NOT VOTING—19 Mr. SKEEN. Mr. Speaker, I ask unan- Greenwood Minge Ward imous consent during further consider- Gutierrez Moran Waters Boucher Goodling Stark Gutknecht Morella Watt (NC) Brown (CA) Jefferson Studds ation of the bill H.R. 1976 in the Com- Hall (OH) Nadler Waxman Collins (MI) Martinez Volkmer mittee of the Whole pursuant to House Harman Neal Weldon (PA) Dreier Moakley Wilson Resolution 188 on the legislative day of Hinchey Oberstar Woolsey Foglietta Reynolds Yates Holden Obey Wyden Gallegly Shuster Friday, July 21, 1995, after disposition Horn Olver Zimmer Gibbons Solomon of any questions earlier postponed under the authority granted by the b NOES—249 2319 order of the House of July 19, 1995, no Abercrombie Clement Gilchrest Mr. EWING changed his vote from further amendment shall be in order Allard Clinger Gillmor ‘‘no’’ to ‘‘present.’’ except the following— Archer Clyburn Goodlatte So the amendment was rejected. Armey Coble Gordon First, the amendment of Representa- Bachus Coburn Goss The result of the vote was announced tive ZIMMER, to be debatable for 60 Baesler Coleman Gunderson as above recorded. minutes; Baker (CA) Collins (GA) Hall (TX) PERSONAL EXPLANATION Second, the amendment of Rep- Baker (LA) Combest Hamilton Baldacci Condit Hancock Mr. SMITH of Michigan. Mr. Chairman, inas- resentative OBEY, to be debatable for 10 Ballenger Cooley Hansen much as I have a pecuniary interest in the minutes; Barr Costello Hastert amendment offered by the gentlewoman from Third, the amendment of Representa- Barrett (NE) Cox Hastings (FL) Bartlett Cramer Hastings (WA) New York [Mrs. LOWEY], I am abstaining from tive KENNEDY of Massachusetts, to be Barton Crane Hayes rollcall vote No. 545. debatable for 20 minutes; and Bass Crapo Hayworth Mr. SKEEN. Mr. Chairman, I move to Fourth, the amendment of Rep- Bateman Cremeans Hefley strike the last word. resentative DEUTSCH, to be debatable Bentsen Cubin Hefner Bereuter Cunningham Heineman I think my colleagues may be inter- for 20 minutes, and further— Bevill Danner Herger ested in hearing this. That each amendment— Bishop de la Garza Hilleary Mr. Chairman, I would like to First, may be offered only in the Bliley Deal Hilliard present this proposal to give us a road order specified; Boehlert DeLay Hobson Boehner Diaz-Balart Hoekstra map, and I hope that we have got Second, may be offered only by the Bonilla Dickey Hoke agreement. To begin with, no more specified proponent or a designee; Bonior Dingell Hostettler votes tonight. We will finish the debate Third, shall be considered as read; Bono Doolittle Houghton on everything on the bill, debate only, Fourth, shall be debatable for the Brewster Dornan Hoyer Browder Dunn Hunter with the exception of MPP, which we time specified, equally divided and con- Brown (FL) Edwards Hutchinson will take up tomorrow morning under trolled by the proponent and an oppo- Brownback Ehlers Hyde the following agreement: Zimmer, 60 nent; Bryant (TN) Ehrlich Johnson (CT) Bunning Emerson Johnson, E. B. minutes; Obey, 10 minutes; Kennedy, 20 Fifth, shall not be subject to amend- Burr English Johnson, Sam minutes; Deutsch, 20 minutes. ment, except as specified; and Burton Everett Johnston Tomorrow we would proceed as fol- Sixth, shall not be subject to a de- Buyer Farr Jones lows: The House will meet at 10 a.m. mand for division of the question in the Callahan Fazio Kasich Calvert Fields (LA) Kelly We will do 10 1-minutes on a side, rule House or in the Committee of the Camp Fields (TX) Kim on the transportation bill, general de- Whole, and further— Canady Foley Kingston bate on transportation, get into trans- That when proceedings resume after Castle Forbes Knollenberg Chabot Fowler Kolbe portation for about an hour. Then we postponement on the amendment of- Chambliss Franks (CT) LaHood would rise after the first vote is or- fered by Representative HOKE, that Chapman Frost Latham dered, take record votes on the agri- amendment shall again be debatable Chenoweth Funderburk LaTourette culture bill rolled from this evening, 5- for 10 minutes equally divided and con- Christensen Gekas Laughlin Chrysler Gephardt Leach minutes to summarize Hoke, take de- trolled by the proponent and an oppo- Clayton Geren Lewis (CA) bate plus the votes on MPP as I de- nent. H 7368 CONGRESSIONAL RECORD — HOUSE July 20, 1995 The SPEAKER pro tempore. Is there (2) The amount specified in paragraph (2) at below market interest rates. The objection to the request of the gen- under such heading, $8,583,000. original objective of title I was to tleman from New Mexico? (3) The amount specified for the cost of di- move large amounts of surplus U.S. ag- Mr. WAXMAN. Reserving the right to rect credit agreements, $104,329,000. ricultural commodities. In the 1950’s object, Mr. Speaker, I wish to inquire Mr. HOKE (during the reading). Mr. the program amounted to more than 80 of the subcommittee chairman the Chairman, I ask unanimous consent percent of U.S. food foreign aid and time limits he indicated, are those for that the amendment be considered as fully 20 percent of the total value of debates for this evening on those read and printed in the RECORD. U.S. agricultural exports. The CHAIRMAN pro tempore. Is amendments? Today we no longer possess huge ag- Mr. SKEEN. Mr. Speaker, will the there objection to the request of the gentleman from Ohio? ricultural surpluses. In 1994, title I rep- gentleman yield? resented only about 10 percent of U.S. Mr. WAXMAN. I yield to the gen- There was no objection. Mr. SKEEN. Mr. Chairman, I ask food foreign aid and less than one-half tleman from New Mexico. of 1 percent of all U.S. agricultural ex- Mr. SKEEN. No, Mr. Speaker. unanimous consent that all debate on ports. Mr. WAXMAN. Those are for debate this amendment and all amendments for tomorrow? thereto close in 30 minutes. Supporters of title I claim that it Mr. SKEEN. Yes. Mr. DURBIN. Reserving the right to promotes economic development, but Mr. WAXMAN. And what will we de- object, Mr. Chairman, is there a prob- according to the GAO and the U.S. De- bate this evening? lem with 20 minutes? 25? partment of Agriculture, title I’s con- Mr. SKEEN. Tonight we do whatever Mr. SKEEN. OK; 25 minutes. tribution to sustainable economic de- anybody brings up tonight. The CHAIRMAN pro tempore. Is velopment is minimal. Mr. WAXMAN. So we will go on with there objection to the amended request In fact, title I sometimes results in a other amendments? of the gentleman from New Mexico? short-term increase in the food supply Mr. SKEEN. And then roll the votes Mr. POMEROY. Reserving the right of some recipient countries, which in until tomorrow and do the MBP tomor- to object, Mr. Chairman, does the turn drives down the price of local row. amendment go to the appropriate title? farm products and distorts the agricul- Mr. WAXMAN. Mr. Speaker, I with- To which title does the amendment ad- tural markets of those countries. This draw my reservation of objection. dress? has resulted in reduced domestic agri- The SPEAKER pro tempore. Is there The CHAIRMAN pro tempore. The cultural production, ultimately defeat- objection to the request of the gen- gentleman is adding a new section to ing our purpose of fostering long-term tleman from New Mexico? the end of the bill. sustainable economic development. There was no objection. Mr. POMEROY. To the end of the In fact, it is for that very reason that f bill? The CHAIRMAN pro tempore. Yes. Egypt and Pakistan, whose local farm AGRICULTURE, RURAL DEVELOP- Mr. POMEROY. Mr. Chairman, I economies were disrupted by title I as- MENT, FOOD AND DRUG ADMIN- withdraw my reservation of objection. sistance, have pulled out of the pro- ISTRATION, AND RELATED The CHAIRMAN pro tempore. Is gram completely. AGENCIES APPROPRIATION ACT, there objection to the request of the Some supporters argue that title I 1996 gentleman from New Mexico? develops foreign markets for U.S. agri- The SPEAKER pro tempore. Pursu- Mr. HOKE. Reserving the right to ob- business conglomerates that they ant to House Resolution 188 and rule ject, Mr. Chairman, just for clarifica- might not otherwise have. But GAO XXIII, the Chair declares the House in tion, the time will be controlled by me has found that because title I sub- the Committee of the Whole House on on our side and by someone that the sidizes agricultural commodities at the State of the Union for the further chairman will designate in opposition. below market rates, whatever market consideration of the bill, H.R. 1976. Mr. Chairman, I withdraw my res- shares may be gained by U.S. compa- ervation of objection. nies in the short term won’t nec- b 2325 The CHAIRMAN pro tempore. Is essarily develop into long-term com- IN THE COMMITTEE OF THE WHOLE there objection to the request of the mercial relationships at prevailing Accordingly, the House resolved it- gentleman from New Mexico? market prices. In other words, once the self into the Committee of the Whole There was no objection. subsidy is eliminated, the market no House on the State of the Union for the The CHAIRMAN pro tempore. The longer exists. further consideration of the bill (H.R. gentleman from Ohio [Mr. HOKE] will What title I does accomplish is it en- 1976) making appropriations for Agri- be recognized for 121⁄2 minutes, and the riches a small number of giant agriculture, Rural Development, Food and gentleman from Illinois [Mr. DURBIN] business conglomerates, like Archer- Drug Administration, and Related will be recognized for 121⁄2 minutes. Daniel-Midlands, Cargill, Bunge, and Agencies programs for the fiscal year The Chair recognizes the gentleman Continental Grain Co., all of whom ending September 30, 1996, and for from Ohio [Mr. HOKE]. maintain a well-funded stable of Wash- other purposes, with Mr. SHAYS (Chair- Mr. HOKE. Mr. Chairman, I yield my- ington lobbyists. man pro tempore) in the chair. self 4 minutes. So we have to ask what possible jus- The Clerk read the title of the bill. Mr. Chairman, Congressman MEEHAN tification is there for an 80-percent in- The CHAIRMAN pro tempore. When and I are offering an amendment that crease in the title I program above the the Committee of the Whole rose ear- would reduce the funding level for title administration’s request and the budg- lier tonight, the amendment offered by I of the Agricultural Trade Develop- et resolution, especially when we are the gentlewoman from New York [Mrs. ment and Assistance Act of 1954 by $113 trying to balance the budget. LOWEY] had been disposed of. million to the level requested by the Are there further amendments to the President and approved in the fiscal The Hoke-Meehan amendment does bill? year 1996 budget resolution that we not affect humanitarian aid in any way AMENDMENT OFFERED BY MR. HOKE passed. whatsoever. It does not touch title II Mr. HOKE. Mr. Chairman, I offer an Our amendment does not reduce title or title III. Rather, the Hoke-Meehan amendment. II emergency humanitarian food aid, amendment is about ending corporate The Clerk read as follows: nor does it reduce title III food grants welfare in the form of Federal subsidies Amendment offered by Mr. HOKE: Page 71, for the poorest countries. Indeed, the for a program that not only does not after line 2, insert the following new section: Hoke-Meehan amendment would not work, but which has actually harmed SEC. 726. The amounts otherwise provided deny humanitarian food aid to Bosnia the very people we have intended to in this Act for under the heading ‘‘Public help. Law 480 Program Accounts’’ are hereby re- or any other war-torn or impoverished duced by the following amounts: country. This is a clear example of what hap- (1) The amount specified in paragraph (1) Under title I, U.S. agriculture com- pens when you give a person a fish, but under such heading, $129,802,000. modities are sold on long-term credit refuse to teach them how to fish. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7369 Thus, I strongly urge my colleagues Mr. DURBIN. Mr. Chairman, I yield 2 Mr. DURBIN. Mr. Chairman, I yield to vote for the Hoke-Meehan amend- minutes and 30 seconds to the gen- 30 seconds to the gentleman from Mis- ment that will conform title I’s fund- tleman from North Dakota [Mr. souri [Mr. SKELTON]. ing level to that approved by the fiscal POMEROY]. Mr. SKELTON. I much appreciate the year 1996 budget resolution. Mr. POMEROY. Mr. Chairman, I rise gentleman yielding time to me, Mr. in very strong opposition to the Hoke b 2330 Chairman. amendment to cut $113 million from Mr. Chairman, as has been pointed Mr. Chairman, I reserve the balance the Food for Peace program. Mr. Chair- out by two speakers tonight, the pole of my time. man, the food assistance provided by star of this whole debate is the fact Mr. SKEEN. Mr. Chairman, I yield 3 P.L. 480 is not a favor we do for the that those countries that once were the minutes to the gentleman from Louisi- world. For 40 years Congress has sup- recipients of this food for peace have ana [Mr. LIVINGSTON]. ported the Food for Peace program on graduated and are part of the export (Mr. LIVINGSTON asked and was a bipartisan basis because it serves our market of the United States of Amer- given permission to revise and extend interests. P.L. 480 not only responds to ica. As we work on this amendment, as his remarks.) the humanitarian needs of people suf- we think about it, we should think Mr. LIVINGSTON. Mr. Chairman, fering from food shortages; it enhances about the future, because our future is this well-intended amendment is what our national security by promoting in exports, that is the balance of trade. I would call the shoot-yourself-in-the- economic development and political That is where we make our money as a foot amendment. It is P.L. 480 funding stability in less developed countries Nation. which in fact over the years has been while cultivating markets for U.S. ag- Mr. HOKE. Mr. Chairman, I yield my- cut by 24 percent, just in the last 2 ricultural commodities. self 15 seconds to say this is not hu- years. Total food aid tonnage has The Food for Peace program is an im- manitarian aid, this is not food grants dropped from 8 million tons in 1993 to portant part of our Nation’s foreign for the poorest countries; these are an expected 4 million tons in 1995, a 50 policy. In North Dakota we strongly grants to big agriconglomerates. This percent cut. The United States has re- believe an ounce of prevention is worth is corporate farm welfare. treated from giving food to the hungry. a pound of cure, and P.L. 480 is that Other donor countries have not been ounce of prevention. By promoting eco- Mr. Chairman, I am delighted to able to fill the gap, and 750 million peo- nomic development and political sta- yield 3 minutes to the distinguished ple in the world are hungry each and bility in less developed nations, P.L. gentleman from Massachusetts [Mr. every day of their lives. 480 is a very cost-effective insurance MEEHAN] cosponsor of the amendment. Half of these people are children. If policy against political unrest and even Mr. MEEHAN. Mr. Chairman, this the children survive, most will suffer military conflict that could threaten amendment will bring some reason from lifelong disabilities and disease our own national security. back to the expenditure of taxpayer due to poor health and nutrition. We P.L. 480 also benefits our economy by money for the Public Law 480, title I can and have helped millions of people cultivating foreign markets for U.S. program. The present funding level in through our Food and Peace Program agriculture exports. In fact, 43 of our the bill is $120 million above the ad- and our Food for Progress Programs. top 50 consumer nations of American ministration’s request. That is an in- But we cannot if we cut this program. agriculture exports were once U.S. for- credible 80 percent above the adminis- Each dollar spent on food aid in this eign aid recipients. Between 1990 and tration’s request. program has at least a double impact. 1993, U.S. exports to developing and In a letter to the Committee on Ap- First, the funds are spent here in the transition nations increased. Exports propriations, OMB Director Alice United States to grow, process, fortify, increased $46 billion. Rivlin expressed the administration’s bag, can, rail, barge and ship agricul- Finally, P.L. 480 is a vital tool in the opposition to this increase in funding. post-GATT era. While the Uruguay tural commodities. As Director Rivlin stated, ‘‘The sub- Second, the commodities are pro- round ratchets down export subsidies, committee has funded P.L. 480 in ex- vided to poor countries that cannot af- other market development tools are no cess of the President’s request, title I ford to buy adequate amounts of food longer available. If history is our has been shown to have limited effec- to meet basic needs. teacher, we know that the Europeans tiveness in advancing its goal of mar- In the marketing year 1992–93, 40 will redirect export subsidy reductions ket development. The administration countries that had graduated from U.S. into GATT-legal market development urges the committee to reduce this food assistance programs imported $13 programs. For us to cut programs like program so that higher priority pro- billion of agricultural products from P.L. 480 is engaging in unilateral disar- grams can be funded.’’ the United States, which was 31 per- mament while other nations seek to As with scores of other Federal pro- cent of U.S. agricultural exports that develop their international markets. grams, this initiative, when begun, had year. b 2340 a valid policy purpose. In the 1950’s, The proposed cuts in P.L. 480 will Those who seek to destroy our export impediments such as the inconvertibil- cause pain not only for the countries programs, like the amendment before ity of foreign currencies, and the lack that are recipients of our largesse, but us represents, will reap what they sow: of foreign exchange held by potential also for our own people. We will deny lost jobs, a weaker economy, and little customers, limited the commercial ex- money to the people that are starving, hope of regaining our share of the port of large domestic agricultural the chronically hungry. The food that international market. commodity surpluses. The situation is not sent to them which is used in the Mr. Chairman, P.L. 480 feeds the hun- that now exists is a far cry from the program not only provides food for gry, supports our foreign policy objec- circumstances that existed in the today for them but also is linked to tives, and provides vital support for 1950’s. Even though this program has their health care, to their education, to U.S. agriculture exports. Therefore, I been redirected in recent years these their work programs, which provide op- strongly urge my colleagues to vote reforms have not solved many of its in- portunities for people tomorrow. against the Hoke amendment. herent problems. Most importantly, in sum, Mr. Chair- Mr. DURBIN. Mr. Chairman, I would In a recent report, the GAO stated man, if we cut the money in this pro- like to yield 30 seconds to the gen- ‘‘the importance of title I, domesti- gram, we will be denying jobs to Amer- tleman from Missouri [Mr. SKELTON]. cally and internationally, has declined icans, American citizens, farmers, gro- The CHAIRMAN pro tempore. The significantly since the program’s in- cers, shippers, longshoremen, et cetera, gentleman from Ohio [Mr. HOKE] has ception. Increased food aid donations et cetera, et cetera. People are depend- the time. from other countries and the establish- ent on this program in this country Mr. HOKE. Mr. Chairman, I would be ment of new USDA export assistance and around the world, and if we cut happy to go out of order and allow the programs has reduced the importance this program as severely as the gen- gentleman from Illinois [Mr. DURBIN] of title I aid as a humanitarian, surplus tleman has suggested, we will indeed be to yield 30 seconds to the gentleman disposal, and export assistance pro- shooting ourselves in both feet. from Missouri [Mr. SKELTON]. gram.’’ H 7370 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Programs such as the Commodity agreed that it is very important that spending for Public Law 480 to the level Credit Corporation’s short and inter- we maintain funding for this program requested by the administration, and mediate-term credits, and the Export at the 1995 level, the Committee on Ap- to the level provided for in the budget Enhancement Program, are also de- propriations and the Committee on Ag- resolution which we adopted in May. signed to penetrate new markets. In riculture, to meet the overall budget The level proposed in the bill for this light of these complementary programs numbers. The plan presented in H.R. program is approximately 80 percent the current funding level in the bill for 1976 achieves this designated goal. more than the administration re- title I is excessive. Title I is a particularly important as- quested. It exceeds the adopted 1996 I wish to assure my colleagues that pect of the P.L. 480 program because it budget resolution assumptions by more this funding in no way diminishes the is targeted at developing commercial than $100 million. emergency and humanitarian food pro- markets for U.S. commodities. Many Proponents argue that the amount in grams available through title II and III examples exist of countries that have the bill is the same as the current year of P.L. 480. Nor is this amendment an successfully made the transition from level. However, those levels have been attack on the ocean freight differen- a concessional buyer to a hard cash proposed for rescission, and a GAO tial, otherwise known as cargo pref- purchaser, one of the most poignant study completed just three weeks ago erence. being Egypt, which now buys nearly at the request of the House and Senate This amendment is about providing a one-half billion dollars a year in U.S. authorizing committees concludes responsible level of funding for a pro- wheat and feed grains. that, and I am going to quote from gram that needs additional reform and How can we dispute the merits of in- that GAO report, concludes that the focus in order for it to accomplish its vesting in a program that has been so program as currently instructed does stated goal. successful in cultivating a customer not significantly advance either the The reduction provided for in this that now constitutes about 1 percent of economic development or the market amendment will still enable the U.S. our total agricultural exports through objectives of the 1990 act. Department of Agriculture to continue its bulk grain imports alone? Let us b 2350 this program, and to support the ex- not forget that the half-billion that pansion of markets in developing coun- Egypt now spends on grains creates an That GAO report goes on to say that tries. estimated 10,000 jobs right here in the the program should either be seriously I urge my colleagues to support the United States. restructured or should be scrapped en- amendment. The CHAIRMAN pro tempore. The tirely. I believe we should take the Mr. SKEEN. Mr. Chairman, I yield 3 Chair will inform the Members that the time to study the GAO report findings minutes to the gentleman from Mis- gentleman from Ohio [Mr. HOKE] has before we dump $100 million more into souri [Mr. EMERSON]. 11⁄2 minutes remaining, the gentleman this program than was requested. (Mr. EMERSON asked and was given from Illinois [Mr. DURBIN] has 31⁄4 min- I urge my colleagues here to vote permission to revise and extend his re- utes remaining, and the gentleman ‘‘aye.’’ marks.) from New Mexico [Mr. SKEEN] has 15 Mr. DURBIN. Mr. Chairman, I yield Mr. EMERSON. Mr. Chairman, I seconds remaining. myself the balance of my time. thank the distinguished chairman of PARLIAMENTARY INQUIRY Mr. Chairman, let me say in opposi- the subcommittee for yielding time to Mr. HOKE. I have a parliamentary tion to this amendment, I hope that me. inquiry, Mr. Chairman. the gentleman who is offering this Mr. Chairman, I rise today in very The CHAIRMAN pro tempore. The amendment will be sensitive to the strong opposition to this amendment, gentleman will state it. fact that we have cut Public Law 480 which would effectively cause very sig- Mr. HOKE. Is it correct that we had funding 24 percent over the past 2 nificant harm, and would undermine an 121⁄2 minutes to begin with, Mr. Chair- years. The needs around the world have important market-building tool for man? gotten much worse. Some 750 million this Nation’s agricultural industry. The CHAIRMAN pro tempore. The people are hungry each and every day Forty-three out of 50 countries that gentleman is correct. The gentleman is of their lives. This debate here turns on used to be recipients of U.S. food aid correct, our time is not correct. We budgetary terms, dollar amounts, out- have developed into cash-paying cus- will correct that. The gentleman from lays and budget authority. But anyone tomers of U.S. agricultural commod- Ohio [Mr. HOKE] has 51⁄2 minutes re- who has traveled overseas and actually ities. Titles I, II and III of P.L. 480 each maining. seen what the Public Law 480 program have a distinct purpose in helping re- Mr. HOKE. Could the Chair review all means to real living people I think can cipients evolve from nations in chronic of the times, please? put it in a new perspective. The United poverty to countries with stable econo- The CHAIRMAN pro tempore. The States has a reputation of being a gen- mies, and to diminish these operations Chair would be delighted to. The generous, charitable country, and we have undermines the integrity of the pro- tleman from Ohio [Mr. HOKE] has 51⁄2 come to the rescue of many people in gram overall. minutes remaining, the gentleman distress in the past. Public Law 480 has Public Law 480 is a very unique for- from Illinois [Mr. DURBIN] has 31⁄4 min- been one of our best efforts. What the eign aid program. I would appreciate utes remaining, and the gentleman gentlemen from Ohio and Massachu- Members’ attention to this. Each dol- from New Mexico [Mr. SKEEN] has 15 setts seek to do with their amendment lar spent on food aid has an impact seconds remaining. is to cut some 500,000 metric tons of here in the United States, as well as Mr. HOKE. Mr. Chairman, who has food aid in the next year. They insist the recipient Nation. First, the funds the right to close the debate? that this will not hurt starving people, are spent in the U.S. to grow, process, The CHAIRMAN pro tempore. The but history tells us they are wrong. fortify, bag, can, rail, barge, and ship committee position closes the debate. Last year funds from Title I were agricultural commodities. Then the Mr. HOKE. Therefore, the gentleman shifted to Title II to cover some of the commodities are provided to poor from New Mexico, with 15 seconds, gets emergency food aid needs in the Rwan- countries that cannot afford to buy to close debate. dan crisis. This year additional emer- adequate amounts of food to meet very The CHAIRMAN pro tempore. He gency food aid is needed in Rwanda, basic needs. may ask time from the gentleman from Burundi, parts of the former Yugo- Title I, the portion of food aid that is Illinois, but the committee position slavia and the Soviet Union. Who committed to countries that exhibit closes. knows where next year’s crises will be? long-term potential to become cus- Mr. HOKE. Mr. Chairman, I yield 90 We do know that if the Hoke-Meehan tomers of U.S. agriculture, is a mean- seconds to the distinguished gentleman amendment is adopted, fewer funds and ingful program that allows countries to from California [Mr. ROYCE]. no surplus commodities will be there to make the transition between grant Mr. ROYCE. Mr. Chairman, I thank provide in response. beneficiaries to commercial customers the gentleman for yielding time to me. I know that it is not fashionable po- of U.S. commodities. As such, the au- Mr. Chairman, I rise in support of litically to be in support of food aid thorizers and the appropriators have this amendment, which would reduce programs for starving people overseas. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7371 There are not many people who will The CHAIRMAN pro tempore (Mr. insert after the last section the following cheer you back in your district for SHAYS). The gentleman from Ohio [Mr. new section: SEC. 726. None of the funds made available that. But the bottom line is this pro- HOKE] is recognized for 2 minutes. gram has been around for 30 years and Mr. HOKE. Mr. Chairman, the oppo- in this Act shall be used to increase, from the fiscal year 1995 level, the level of Full has been a great source of pride to nents of this bill would like you to be- Time Equivalency Positions (whether Americans as we have seen heart- lieve that what this bill is about is hu- through new hires or by transferring full wrenching pictures on television and in manitarian aid and food aid and Food time equivalents from other offices) in any the news media which have called our for Peace and all of these wonderful of the following Food & Drug Administration attention to the fact that with all our sounding things that none of us would offices: Office of the Commissioner, Office of challenges in the United States, there ever want to oppose. But the fact is Policy, Office of External Affairs (Immediate are other places in the world in far that that is not what this is about. Office, as well as Office of Health Affairs, Of- worse conditions. What this is about is the baldest kind fice of Legislative Affairs, Office of Consumer Affairs, and Office of Public Af- This cut in Title I may seem very of corporate welfare, the very kind of easy to us sitting here in the comfort fairs), and the Office of Management & Sys- corporate welfare that we are trying to tems (Immediate Office, as well as Office of of the United States of America. But eliminate, and in this case it is agri- Planning and Evaluation and Office of Man- for the people who are literally starv- corporate welfare. The money goes to agement). ing to death halfway around the world, the largest conglomerates of agri- Mr. SKEEN. Mr. Chairman, I ask this is a cut that should not take place. culture in the United States. It also unanimous consent that all debate on Our committee considered this Public goes to some shippers on a smaller this amendment and all amendments Law 480 and actually made a reduction basis. But this title does not in any thereto close in 20 minutes. below last year’s expenditure. What we way go to humanitarian or emergency The CHAIRMAN pro tempore. Is are trying to do now is to appeal to the aid. It is exactly the kind of subsidies there objection to the request of the gentlemen offering this amendment that not only are wrong because they gentleman from New Mexico? and those who will vote on it and ask give disproportionate amounts of Mr. DURBIN. Mr. Chairman, reserv- them to take into consideration that money to companies in the private sec- ing the right to object, is 10 minutes there still will be a role for the gener- tor that ought not get them but it is acceptable? osity and charity of the United States also wrong because what it does is it Mr. SKEEN. If the gentleman will in helping those poor people overseas actually creates problems for the coun- yield, it certainly is acceptable to me, who literally are the least of our breth- tries that receive the money them- Mr. Chairman. ren. selves and it creates a kind of a welfare Mr. MCINTOSH. Mr. Chairman, if the I rise in opposition to this amend- dependence that has been well-docu- gentleman will yield, I have about 6 or ment, and I hope my colleagues will mented in other places with respect to 7 minutes. join me in voting against it. the bad impacts that it has had on Mr. HOKE. Mr. Chairman, I yield 2 Mr. SKEEN. Shall we make it 12 min- those local economies. It has happened minutes to the gentleman from New utes? in Africa, it has happened in El Sal- Mr. DURBIN. Twelve minutes is ac- Jersey [Mr. ZIMMER]. Mr. ZIMMER. I thank the gentleman vador with respect to milk products, ceptable. for yielding me the time. and we continue to do this. Mr. Chairman, I withdraw my res- Mr. Chairman, the gentleman from This is not to help with humani- ervation of objection. Illinois referred to humanitarian aid tarian aid foreign countries that are The CHAIRMAN pro tempore. Is and aid for those in the throes of pov- truly poor and need the help. This is to there objection to the request of the erty and those who are afflicted by help American agri-conglomerates that gentleman from New Mexico? warfare. Those portions of Public Law simply do not need it. I strongly urge There was no objection. 480 are not affected by this amend- my colleagues to look at this carefully The CHAIRMAN pro tempore. The ment. This amendment deals with title and closely and to adopt this amend- gentleman from Indiana [Mr. I which was designated as a way to get ment. It is going to exactly what we al- MCINTOSH] will be recognized for 6 min- rid of America’s huge agricultural sur- ready passed in this House and it goes utes, and 6 minutes will be equally di- pluses back when we had huge sur- to exactly what the President and the vided between the gentleman from New pluses. Today title I is a program that administration have called for. Mexico [Mr. SKEEN] and the gentleman gives good intentions a bad name. It Mr. SKEEN. Mr. Chairman, I have 15 from Illinois [Mr. DURBIN]. wrecks local farm economies in coun- seconds in which to close this thing. I The Chair recognizes the gentleman tries we are trying to help by driving oppose this vehemently and strongly from Indiana [Mr. MCINTOSH]. and urge a ‘‘no’’ vote on it. I thank the down the cost of food so local farmers b 0000 cannot compete and earn a decent Chairman for the 15 seconds. price. It creates short-term opportuni- The CHAIRMAN pro tempore. The Mr. MCINTOSH. Mr. Chairman, I ties for select shippers and a coterie of question is on the amendment offered yield myself such time as I may exporters and shipping companies. But by the gentleman from Ohio [Mr. consume. this is an advantage that is temporary HOKE]. Mr. Chairman, this amendment deals and fleeting. It is a hothouse situation, The question was taken; and the with the employment in the front of- because it depends on the below-mar- Chairman pro tempore announced that fice at FDA. The FTE levels at FDA’s ket financing that is provided. the noes appeared to have it. nonoperational managerial offices have One point that has not been men- RECORDED VOTE increased by over 25 percent from fiscal tioned is that this program provides a Mr. HOKE. Mr. Chairman, I demand a year 1989 levels. This growth in over- tremendous opportunity for corruption recorded vote. head expenditures represents an ineffi- in the countries that are receiving the The CHAIRMAN pro tempore. Pursu- cient use of resources that must be re- assistance, and some of the recipients ant to the order of the House of versed. of money under this program are Wednesday, July 19, further proceed- The savings that will be achieved in amongst the most corrupt in the world. ings on the amendment offered by the overhead reductions can be used to re- Mr. Chairman, I believe that what we gentleman from Ohio [Mr. HOKE] will direct their efforts toward hiring addi- should do with this amendment is sim- be postponed. tional employees to provide additional ply to reverse an astounding 80 percent AMENDMENT NO. 41 OFFERED BY MR. MC INTOSH approval for much-needed drugs, de- increase that the committee adopted Mr. MCINTOSH. Mr. Chairman, I vices and other medical products. Such over the President’s request and over offer an amendment. a reinvestment will increase the abil- our own budget resolution, keeping the The CHAIRMAN pro tempore. The ity of the agency to timely review essential and humanitarian aspects of Clerk will designate the amendment. product applications. this law and removing that part which The text of the amendment is as fol- The amendment I am offering would is not justified. lows: prevent an increase from the fiscal Mr. HOKE. Mr. Chairman, I yield my- Amendment No. 41 offered by Mr. year 1995 levels in the level of full-time self the balance of my time. MCINTOSH: At page 71 of the bill, after line 2, employees in the following offices: the H 7372 CONGRESSIONAL RECORD — HOUSE July 20, 1995 Office of the Commissioner, the Office This is where Alice meets the Mad the FDA as a rogue agency out of con- of Policy, the Office of External Af- Hatter. It takes years and years to get trol. That may have been too strong, fairs, and the Office of Management that type of approval for additional Members of this body. But I do believe Systems. uses and costs the companies millions that Mr. Kessler and his agency needs Mr. Chairman, this is one of several of dollars. Meanwhile, patients suffers to have their horns trimmed and be put amendments that I was planning to because they are not able to have their on a shorter leash. offer tonight. The other amendments I doctors learn about this treatment and Earlier today, the gentleman from am not going to offer. I have spoken be able to get the most recent medical California [Mr. WAXMAN] talked about with the gentleman from Virginia [Mr. information. a credibility question about a story BLILEY], the chairman of the authoriz- Let me tell you, off-label uses are that was shared on the floor of this ing committee, and the gentleman critical for treating children and oth- House. I want to share a couple of sto- from Florida [Mr. BILIRAKIS], the chair- ers such cancer. Virtually all of the ries tonight, several of them that I be- man of the subcommittee. They share new treatments developed in this coun- lieve to be true, one that I absolutely my concerns. try come about when doctors start know to be true. I wanted to address some of the is- using labeled existing drugs in new I have in my district and in the State sues and the problems that have been ways, off-label uses. of Minnesota a number of medical de- caused by the failure of FDA to have The FDA has also a draft policy that vice companies and an awful lot of phy- sufficient employees in some of the prohibits virtually all support, finan- sicians who work with them. Among agencies that are operational, that do cial or otherwise, by drug and medical other things, they have developed a approve the drugs, the devices and the device manufacturers of any edu- number of new technologies which are other medical products. cational activities designed to dissemi- being used in other countries, but they First of all, we have discovered that nate truthful, accurate information cannot or have not gotten approval there is an increasing amount of sur- and designed to provide training with here in the United States. veillance and oversight that the agency respect to off-label uses. For example, there is a simple device does of the industry. This oversight ef- This is just nuts. You have got big, which can prevent people from having fort has increasingly led them to slow powerful, wealthy drug companies and a second heart attack called a stint. I down the approval of new drugs and device manufacturers willing to spend have cardiologists in my area who lit- new therapies and in many ways harass their money to train doctors on how to erally have to go now over to Europe to the manufacturers of products who use these newest techniques, and the do the research on those technologies may disagree with the FDA’s chosen FDA has a new draft policy saying they because they cannot get the approval, method of operation. cannot do it. The Mad Hatter strikes and it takes so long, and it is so expen- I hear time and time again from peo- again. sive in the United States. ple who we have suggested could come FDA’s actions raise serious first In fact, when they go to Europe, and testify before my Subcommittee on amendment concerns. Are we to say sometimes they actually smuggle back National Economic Growth, Natural that manufacturers of these devices into the United States liquid injectable Resources and Regulatory Affairs that cannot disseminate truthful and accu- aspirin because it is not available in they are afraid to do so because the rate information? FDA’s policies al- the United States because it is too ex- agency has such an overwhelming en- ready have and continue to signifi- pensive to get FDA approval, and it forcement authority. My amendment cantly inhibit the free flow of peer re- takes too long, and it is not worth it. would have simply directed them to viewed, scientific information about There are not enough people that need limit expenditures on enforcement to drug uses. it. 10 percent so that they can turn their Ironically, while the agency does not In fact, one of my cardiologists was efforts to seeking new product approv- prevent physicians from prescribing in this town a few months ago for an als. uses of therapeutic products, in other international exposition, and he went I plan to work with the gentleman words, the doctor can use the off-label down to look at technologies which are from Virginia [Mr. BLILEY] and the use, the devices and the drugs have, available in virtually every other coun- gentleman from Florida [Mr. BILI- even though they have not been ap- try in the world but they are not avail- RAKIS] in making sure that that redi- proved by FDA for that use, the agency able in the United States because the rection of priorities occurs in their re- policies have significantly curtailed FDA takes so long and it is so expen- authorization bill later this fall. the ability of doctors to receive infor- sive to get them approved. Finally, another issue is off-label mation about that, to receive the un- Let me just share this also. I believe uses. I was going to offer an amend- derstanding in journals, such as the this to be true. The last time the FDA ment that would have said the FDA Journal of the American Medical Asso- approved a new food additive in the had to discontinue efforts to prevent ciation, about what they think these United States was 5 years ago. the distribution of medical literature off-label uses are. We are going to have hearings I un- and other means of promoting off-label Of course, in the world of Alice in derstand next week, and they are going uses in drugs. Wonderland, as the Queen said, execute to be talking about some of the raids Let me give the body a little back- first, trial later. I urge the body to that this agency has been conducting ground in this, and I have to tell you adopt my amendment and send a mes- on medical device companies. I know that working with FDA in this areas is sage to the agency that this is no that we are going to, hopefully, have a little bit like entering into Alice in longer going to be the practice. some hearings in the McIntosh com- Wonderland. Mr. SKEEN. Mr. Chairman, we on mittee. The FDA has an unwritten policy this side would be glad to accept the I do support this amendment, but I that prevents manufacturers from dis- gentleman’s amendment. do believe what we really need is to seminating enduring materials such as Mr. Chairman, I yield 21⁄2 minutes to rein in on this agency so that we can medical journals, the Journal of the the gentleman from Minnesota [Mr. have the same devices here in the Unit- American Medical Association, and GUTKNECHT]. ed States that they are enjoying in Eu- other highly reputable journals and Mr. GUTKNECHT. I thank the gen- rope and Japan. textbooks if they contain information tleman for yielding me the time. Mr. DURBIN. Mr. Chairman, I yield about nonapproved, that is, the FDA Mr. Chairman, I rise in support and I 11⁄2 minutes to the gentleman from Or- has not yet sanctioned, uses of a manu- stayed up because I wanted to talk on egon [Mr. WYDEN]. factured product, even through the this issue of the McIntosh amendment. Mr. WYDEN. Mr. Chairman, first, I agency has determined the product is Earlier tonight we had a rather heat- wanted to say to the gentleman from safe for use for other purposes. ed exchange here on the floor of the Indiana that I appreciate the way he They do not allow this until the House talking about the FDA between has addressed this issue. It seems to me agency has either examined the journal the gentleman from Kentucky and the that all Members should want to see article or the material or approved the gentleman from California. I think the more dollars devoted to the drug ap- product for the off-label use. gentleman from Kentucky referred to proval process and less to bureaucracy, July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7373 and I think we can agree on that on a eration of European children were born The Chair recognizes the gentleman bipartisan basis. with flippers and without hands and from South Carolina [Mr. SANFORD]. We do need comprehensive FDA re- arms and were otherwise deformed. b forms. I have introduced legislation to- That was something which created a 0015 wards this end. I know a number of our massive scare in this country and re- Mr. SANFORD. Mr. Chairman, this colleagues have as well. sulted in a very major change. The re- amendment prevents the construction We ought to be pushing for tighter sult was a good piece of legislation of a new 350,000-square-foot office time lines to get products out, save which has been balanced. building in Maryland. With so many money, save time, and on this matter It is possible, I think, that it shall pressing demands on our Nation’s of off-label drug uses, I think we can and can be reviewed, and I would look budget and so many different ways to come up with a policy that ends FDA’s forward to working with the gentleman cut this budget, the logical budget is: censorship over important medical toward that purpose. Why here? Why now? journal articles and at the same time Mr. SKEEN. May I inquire of the I think there are 4 good reasons that protects consumers. Chair how much time we have left? make a lot of sense as to why we ought The CHAIRMAN pro tempore (Mr. For example, what I have proposed is to look at this. The first, GSA, Govern- SHAYS). The gentleman from New Mex- we say that these journal articles ment Services Administration, con- ico has 30 seconds remaining. He is the would be made available, but the FDA, trols 644 million square feet, let me say only gentleman who has time. if they found questions in a journal ar- that again, 644 million square feet of ticle, would be in a position to add ad- Mr. SKEEN. Mr. Chairman, I yield that to my ranking member, the gen- office space. That is enough office ditional information so this would sup- space to fill the commercial cores in plement what was out in a journal arti- tleman from Illinois [Mr. DURBIN]. Mr. DURBIN. I want to thank my New York, Chicago, Los Angeles, and cle. colleague from New Mexico for yielding Houston combined. That says to me, This, I found, has been acceptable to me the time. with that kind of office space intact industry. It has been acceptable to the Mr. Chairman, let me say that I am and this revolution that is supposedly cancer groups that the gentleman from glad that the gentleman from Indiana taking place here in Washington, do Indiana [Mr. MCINTOSH] has correctly has offered this amendment this not we have enough? Do we really need discussed. This is the kind of construc- evening, and we look forward to work- to go out and add another 350,000 tive work we can do on a bipartisan ing with him, and I hope we do not lose square feet of space. basis. sight of the fact of the important mis- Second, even if we do, I think we I want to tell the gentleman from In- sion that the Food and Drug Adminis- would be putting the cart before the diana, I am very pleased that he has tration has. horse if we built this building now. The kept his amendment on the question of They should be reformed, they should reason being, this fall the farm bill freezing front-office dollars. be improved, and we can work toward comes out, and that is going to have a Mr. DURBIN. Mr. Chairman, I yield that end, but they certainly perform an lot to do with whether the Ag Depart- 1 1 ⁄2 minutes to the gentleman from invaluable function which no other ment is growing, staying the same or Michigan [Mr. DINGELL]. Federal agency does. I hope that in our shrinking. If it happens to be shrink- (Mr. DINGELL asked and was given criticism of the present practices we do ing, which could well be the case given permission to revise and extend his re- not overlook much of the good that is the fact we have got 114,000 folks on marks.) being done by a lot of hard-working staff which roughly works out to about Mr. DINGELL. Mr. Chairman, I com- professional people. one for every six working farmers, if it mend the gentleman for the way he I support the amendment by the gen- were to actually be cut, we may not was offered his amendments and that tleman from Indiana. need this building, or if it were not to he has not offered the others. I want to The CHAIRMAN pro tempore. The be cut, look at the number of different tell him I will be pleased and happy to question is on the amendment offered agencies ceilings and different depart- work with him on his concern with re- by the gentleman from Indiana [Mr. ments that are talking about being gard to the Food and Drug Administra- MCINTOSH]. closed here in Washington. tion. The amendment was agreed to. I do want to inform my colleagues Again, I think that has done to do AMENDMENT OFFERED BY MR. SANFORD with why the National Capital Plan- that the food and drug law has been Mr. SANFORD. Mr. Chairman, I offer written in a very harsh fashion by the ning Commission, which is the Federal an amendment. agency in charge of watching out how Congress of the United States because The Clerk read as follows: different agencies control space, has of the fact that it is susceptible to seri- Amendment offered by Mr. SANFORD: Page disapproved this plan and disapproved ous abuse, not by the honest people in 71, after line 2, insert the following new sec- the prescription pharmaceutical indus- tion: this building. They, in fact, say the fol- try or in the device industry but rather ‘‘SEC. 726. None of the funds appropriated lowing: ‘‘It appears that the opportuni- by fly-by-nights who come in and go or otherwise made available in this Act shall ties may exist for meeting virtually all be used for the construction of a new office of USDA’s fiscal year 2000 administra- out and who will use pharmaceuticals facility campus at the Beltsville Agricul- and use other devices in an improper tive space requirements within its ex- tural Research Center.’’. isting inventory, without construction fashion. Mr. SKEEN. Mr. Chairman, I ask The law requires that these devices of the Beltsville office complex.’’ I unanimous consent that all debate on think they know more about this than and that these prescription pharma- this amendment and all amendments ceuticals and other things be, first, most of us. I ask we heed their advice. thereto close in 10 minutes and that Third, the budget. KASICH and his safe and, second, that they be effective, the time be equally divided. that they do not hurt and that they do budget crew came up with a plan that The CHAIRMAN pro tempore. Is gets us to a balanced budget by the what they are supposed to do. there objection to the request of the It is FDA’s difficult mission to see to year 2002. This building was not in- gentleman from New Mexico? cluded as part of that budget. it that products are used in the fashion There was no objection. for the purposes that they are used for. The CHAIRMAN pro tempore. The Finally, National Taxpayers Union They can be tested. gentleman from South Carolina [Mr. and Citizens for a Sound Economy think this amendment would make a I will tell my colleagues that the SANFORD] will be recognized for 5 min- testing process is long, and it is so for utes, and a Member opposed will be rec- lot of sense. a very good reason. Other countries ognized for 5 minutes. I hope my colleagues will join. have had massive scares over pharma- Mr. DURBIN. Mr. Chairman, I claim Mr. Chairman, I yield back the bal- ceuticals and other things which have the time in opposition to the amend- ance of my time. caused huge health problems in the ment. Mr. DURBIN. Mr. Chairman, I yield country, and I would just remind my The CHAIRMAN pro tempore. The myself such time as I may consume. colleagues about the thalidomide scare gentleman from Illinois [Mr. DURBIN] Mr. Chairman, I rise in opposition to of some years ago where a whole gen- will be recognized for 5 minutes. this amendment. H 7374 CONGRESSIONAL RECORD — HOUSE July 20, 1995 I wonder if the gentleman from Mr. DURBIN. Reclaiming my time, Federal Government, maybe, just South Carolina would take a micro- here is the practical difficulty. In order maybe since it is federally owned land, phone at his leisure. I would just like to do the kind of work that is nec- this building would be going on out in to ask him two or three questions. essary on the south building, the GSA Maryland since that space is not going First, I would like to ask the gen- did extensive surveys and found that anywhere. tleman, has he ever be in the south they had to take the employees out as The CHAIRMAN. All time has ex- building of the Department of Agri- the construction was taking place. pired. culture? That is why this whole plan that we The question is on the amendment Mr. SANFORD. If the gentleman will have developed involves moving out to offered by the gentleman from South yield, I have run by it practically every Beltsville for temporary quarters and Carolina [Mr. SANFORD]. morning. eventually moving back into a ren- The question was taken; and the Mr. DURBIN. Ever been inside? ovated south building, and then using Chairman announced that the noes ap- Mr. SANFORD. No. what is constructed at Beltsville for peared to have it. Mr. DURBIN. I think it is important permanent facilities so all the leased RECORDED VOTE you go inside before you get deeply space can come together into some- into this amendment. You know what Mr. SANFORD. Mr. Chairman, I de- thing we own. you are going to find? A 60-year-old mand a recorded vote. I am sure the gentleman’s life experi- building that is a fire trap. The reason The CHAIRMAN pro tempore. (Mr. ence, like my own, we rented for years, we got into this debate, because many SHAYS). Pursuant to the order of the it was not worth much, finally bought of us are worried about the safety and House of Wednesday, July 19, further a home, and now I take a lot more security of the men and women who proceedings on the amendment offered pride in it. work in that building. When a fire by the gentleman from South Carolina Mr. SANFORD. If the gentleman will alarm goes off anywhere inside that [Mr. SANFORD] will be postponed. yield, I would agree absolutely in a building, they literally have to evacu- Are there further amendments to the static environment, but the problem is ate every employee. It is not divided by bill? we know right now we are not working corridors or sections so that in the AMENDMENT OFFERED BY MR. OLVER in a static environment. I think that event of a fire or emergency they can Mr. OLVER. Mr. Chairman, I offer an actually has a lot to do with why the even protect the people inside. amendment. The ventilation system is so anti- National Capital Planning Commis- The Clerk read as follows: sion, in fact, disapproved the plan and, quated that not only it does not heat Amendment offered by Mr. OLVER: Page 71, and cool the building, in fact what it in fact, said because things like the De- after line 2, insert the following new section: does is endanger the people working in partment of Commerce may one day be SEC. .(a) LIMITATION ON USE OF FUNDS.— there. an empty building and because a host None of the funds made available in this Act So we are talking about in the first of other agencies are looking at drop- shall be used to pay the salaries of personnel to provide assistance to livestock producers instance a genuine fire trap which on ping numbers rather than increasing numbers, there may be more than under provisions of title VI of the Agricul- any given day could cause a great em- tural Act of 1949 if crop insurance protection barrassment to the gentleman from enough space in Washington, DC. Mr. DURBIN. Reclaiming my time, I or nonuninsured crop disaster assistance for California when a tragedy might the loss of feed produced on the farm is strike. will tell the gentleman there are many available to the producer under the Federal Point number 2, does the gentleman possibilities. There are many Crop Insurance Act, as amended. know how much money we expect from eventualities. There is one solid hard (b) CORRESPONDING INCREASE IN FUNDS.— the Federal taxpayers by building the cold fact. The south building of the The amount otherwise provided in this Act new campus at Beltsville and replacing U.S. Department of Agriculture today for ‘‘Rural Development Performance Part- nerships’’ is hereby increased by $60,000,000. the leased space which we are cur- is a fire trap. It is dangerous to tens of rently using for U.S. Department of thousands of people who go there every Mr. OLVER (during the reading), Mr. Agriculture across the city of Washing- day. It could not pass the most basic Chairman, I ask unanimous consent ton? fire and safety inspection. And I do not that the amendment be considered as Mr. SANFORD. I have heard upwards, think the gentleman from South Caro- read and printed in the RECORD. close to $1 billion. lina, certainly the gentleman from Illi- The CHAIRMAN pro tempore. Is Mr. DURBIN. The figure I have is not nois, would not want it on his con- there objection to the request of the that high, $200 million over 10 years. science that we are not doing every- gentleman from Massachusetts? Unfortunately, the Department of Ag- thing we can to protect those employ- There was no objection. riculture, with reduced status, fewer ees. Mr. SKEEN. Mr. Chairman, I ask functions, fewer employees, is spread That is why I got into this. I think unanimous consent that all debate on all over the D.C. area. We are paying what we have come up with is a reason- this amendment and all amendments rent. Unfortunately, we are paying too able approach that ultimately will save thereto close in 10 minutes, the time to much for that rent. We went through taxpayers $200 million and do it in a be equally divided, I will claim 5 min- this battle last year and said there has very professional way. utes. got to be a better way. I would add that I am not an expert The CHAIRMAN pro tempore. Is It turns out if we build the building at this. We gave to the General Serv- there objection to the request of the and occupy it and depreciate it, it is ices Administration the responsibility gentleman from New Mexico? cheaper for taxpayers. It is not just a to come up with a plan. They came up There was no objection. matter of building a building. It is a with one. We went back and forth and The CHAIRMAN pro tempore. The matter of getting out of expensive negotiated with the U.S. Department Chair recognizes the gentleman from leased space to do it. of Agriculture. Massachusetts [Mr. OLVER]. The reason I asked the gentleman From the gentleman to come in now Mr. OLVER. Mr. Chairman, I yield these questions is my first reaction and say, well, we have got problems, myself such time as I may consume. when I heard about a new building was let us get rid of that, you still are The language of my amendment pro- the same as his, for goodness sakes, at going to have a south building that is hibits benefits under the livestock feed this time, this is the wrong place and a fire trap. You are still going to have program for losses which could be cov- time to do it. leased space that costs you dearly. ered under the crop insurance program. Yet I went down there and took a Mr. SANFORD. If the gentleman will The subcommittee had provided $80 look at the south building. yield again, I want to reemphasize my million for the livestock feed assist- Mr. SANFORD. On those two points, amendment in no way precludes ren- ance program, and by the language if the gentleman would yield, on the ovation to the south building. The that I offer, by limiting that livestock south building, as you might notice, whole idea is putting the cart before feed assistance program to those who my amendment does nothing to pre- the horse. All I am suggesting by this could not use the Federal Crop Insur- clude reconstruction to the south amendment is, given all that may be ance Program, we can reduce the needs building. happening in terms of downsizing the for the livestock feed assistance July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7375 amount from $80 to $20 million, and in dollars and move our farmers away weather, 100 degrees, 105 degrees, 110 that process we are able to free up $60 from dependence on the Government degrees. In feedlots all across the coun- million which then can be used for the disaster programs really has not had a try and on ranches all across the coun- rural development performance part- chance to work, and already the gen- try we have had heavy livestock losses, nerships, which is essentially the mon- tleman has simply brought an amend- and all prices in the livestock sector eys that hundreds of communities all ment that has not been considered by are very depressed. This is exactly the over this country use in districts all the authorizing committee. We have wrong time to take the emergency pro- over the country in rural areas of the had no hearings, and it would fun- gram for livestock producers that we country, use to develop drinking water damentally change the protections de- hope we will not use during a time systems, waste water treatment sys- signed for the livestock industry. when they are experiencing very heavy tems, by either grants or loans, or a We left the livestock disaster pro- losses due to weather-induced condi- combination of grants and loans in gram in place because there was no tions. most instances, and for solid waste other way to cover them. As I have in- So, Mr. Chairman, I would urge the management systems. dicated, it is entirely possible that gentleman to perhaps work with us, The communities that get this some changes in the newly reformed perhaps maybe withdraw his amend- money are small communities, the crop insurance disaster protection pro- ment, but if he insists on going on most stressed communities probably in gram will be needed. As a matter of ahead, we will have to oppose it very, this country outside of the very core fact, we are going to have a major very strongly. urban areas. They are communities overhaul of the crop insurance pro- Mr. OLVER. Mr. Chairman, I yield without a strong tax base, without a gram. It is underfunded, and it is man- myself 45 seconds, and then I will yield strong commercial base. They are con- datory, and we have several proposals the remainder of my time to the rank- tinually under stress, and they are of a that I think would be very, very ing member of the committee. severely limited capacity to deal with salutory. Mr. Chairman, I would just like to what are extremely capital-intensive But these proposed changes should point out that, if there is a livestock programs and where the per capita receive the same careful consideration loss which would not now be covered, costs of those capital-intensive pro- as the original reform provisions. For not now be coverable, under the crop grams happen to be exceedingly high, example, this amendment does not insurance program, that the livestock therefore, because of the low popu- make it clear how we are to treat a loss is still covered under the livestock feed program. That is the provision, lation of rural communities. livestock producer who grows 25 per- that is the language of the legislation, All that is required here is that if cent of his feed and then purchases the that I have provided. So there is no crop insurance is available, it is to be rest. Is this producer to lose all of his problem, at least as I understand it, used rather than using the livestock disaster protection because he is pru- feed assistance, and that gives us the there. dent enough to provide a fraction of his Secondly, if what we are doing is $60 million available for the program. own feed? Now, this is a program which in the banking $60 million so that it will be present fiscal year was counted at al- b 0030 easier there for the dealings on the most $700 million. Under the program Mr. Chairman, these are exactly the problem of mandatory expenditure, as it now stands in the bill, it would be kind of problems that caused us, after then I think this will be much more down to $430 million, and so the addi- long thought, to design the program in valuable to put this where it can be used where 40 percent cuts were being tion of 60 would bring that up a little its present state. Certainly a more made and use only 30 percent cuts in bit and change a 40-percent cut in this careful consideration should be given the infrastructure accounts which all program for so many communities all before the program is changed or sim- of our communities do. over the country, in infrastructure ply used for a bank for vitally needed grants and loans, it would allow that Mr. Chairman, I yield the balance of sewer and water programs. We should my time to the gentleman from Illinois cut to be only a 30-percent cut. reject this amendment. So I would hope that we would adopt [Mr. DURBIN]. I would only add that this amend- this amendment and help these hun- Mr. DURBIN. Mr. Chairman, every- ment also abridges the agreement that dreds of communities all over the one seems to agree that we should put the authorizers and the appropriators country that this money can be used more money into water and sewer pro- have reached, at least on our side of for. grams. We all know there are a lot of Mr. Chairman, I reserve the balance the aisle, after many, many meetings, communities that need them. Other- of my time. and the $60 million that would be used wise they cannot improve their sys- Mr. SKEEN. Mr. Chairman, I strong- by the gentleman would be into a situ- tems for public health reasons. The ob- ly oppose the amendment. ation where we would either double- vious question here is whether or not I yield the remainder of my 5 min- score it and it would not count in re- this provision, when it comes to live- utes to the gentleman from Kansas gards to our scoring responsibilities or stock feed programs, should be allowed [Mr. ROBERTS]. the Ag Committee is going to have to to continue. Mr. ROBERTS. I thank my good go find another $60 million to cut in re- I agree with the gentleman from friend and colleague from New Mexico gards to our budget responsibilities. Massachusetts it should not. So many for yielding me the time. We have an agreement with the gen- of these farmers, and cowboys and I rise in strong opposition to the gentleman from New Mexico [Mr. SKEEN] ranchers want to be rugged individual- tleman’s amendment. The amendment, and the chairman of the committee, ists and say, ‘‘No, I’m not going to buy while I am sure really redirects funds and the chairman of the Committee on crop insurance, I’m on my own, buddy, into an important program, and the the Budget that the appropriators will leave me alone,’’ and then things get gentleman and I have discussed this at make the appropriate cuts in regards tough, and guess what? length, for example, the cuts in the to their budget responsibilities and the They come and knock on Uncle water and sewer programs which we all authorizers in our pasture will make Sam’s door and say, ‘‘Well, now I need hope can be restructured, and we all our cuts. some help.’’ hope that we can find additional funds I know the gentleman is extremely What this amendment says is, ‘‘Grow for these very important programs, but concerned about the water and sewer up.’’ If you got crop insurance avail- the gentleman’s amendment also re- programs. This is the wrong way to go able, buy it, and, if you don’t, you’re structures, or throws a monkey wrench about it. I will be more than happy to going to pay. If you have a disaster, is a better word, into an important re- work with the gentleman to find some you’re not going to get as much money form of the crop insurance and disaster money in the appropriate discretionary from the Federal Government.’’ program that was just implemented by account. Is that a radical suggestion? I think the Committee on Agriculture just this And one last thing: In the last sev- that ought to be the policy across the past year. eral weeks we have had a real disaster land, to tell producers and business This major new reform that was de- in farm country more especially with people that, if there is insurance avail- signed to save the taxpayers billions of our cowboys in reference to the terrible able, use it, and, if they do not use it, H 7376 CONGRESSIONAL RECORD — HOUSE July 20, 1995 they are going to suffer as a result of in 1995. These programs have proven that administration following the institution of the it. they work, achieving export growth nearly national Food Stamps Program in 1974. Both Now, to say we are going to hold every year since they were first enacted in Congress and the Nixon administration care- them harmless regardless I think cre- 1985. MPP, in particular, has proven its worth, helping the high value exports that it fully examined food needs and determined ates bad conduct on their part. The targets to quadruple over the last decade. that the Food Stamps Program would not ade- gentleman from Missouri and I were Our farmers and ranchers depend upon for- quately meet the needs of native Americans co-chairs of a disaster task force. We eign markets—23 percent of cash farm re- living on or near reservations. now spend or compensate for about 95 ceipts is now earned from exports. The main reason that the Food Stamps Pro- percent of the disasters and losses in In the current world trade environment, I gram is unsuited for Indian reservations is that the United States. We cannot afford to view these programs as critical tools. The the program requires individuals to trade food continue to do it. Individuals have to Uruguay Round Implementation Act was en- coupons for food at grocery stores. In many accept more personal responsibility. acted last year largely because of the sup- reservation areas there are simply no or few port it received from American agriculture. The CHAIRMAN pro tempore (Mr. The agricultural sector will benefit greatly grocery stores, round trips of up to 100 miles SHAYS). The gentleman from New Mex- from that agreement, but funding for export to buy groceries are not uncommon, and ico [Mr. SKEEN] has 30 seconds remain- promotion and the so-called ‘‘green box’’ pro- transportation is often unavailable. In addition, ing. grams is critical. The Uruguay Round agree- the prices for foods at existing on-reservation Mr. SKEEN. Mr. Chairman, I yield 30 ment permits countries to continue to sub- stores are generally much higher than those at seconds to the gentleman from Kansas sidize and promote agricultural exports. Our off-reservation stores. In other words, food [Mr. ROBERTS]. competitors are doing just that. stamps will buy less at reservation stores than The fact is, the competition is well on its Mr. ROBERTS. Mr. Chairman, I way towards seizing new market opportuni- off-reservation stores. Thus, this bill not only would really hope it would not come to ties. The European Union (EU) will spend $54 makes it harder for Indians to get food, but it this, to get back into this whole argu- billion under the Common Agricultural Pol- also makes it likely that they will end up with ment on the disaster program and crop icy to support its agricultural sector in 1996, less food. insurance. The mandatory crop insur- including $9 billion for export subsidies. The In addition, while tribes operate the distribu- ance program is underfunded. It is not EU will spend $7 million more for wine ex- tion of commodities, States operate the Food working well in high-risk agriculture port promotion this year ($93 million) than Stamps Program. Conversion to the Food country mainly because of the efforts USDA will invest in promotion for all prod- Stamps Program will require native Americans ucts under MPP. Competitors are also in- to travel vast distances to the nearest State of the gentleman from Illinois. creasing GATT-legal spending for export pro- Now we will adhere to our respon- motion and credit guarantees. Last year, food stamp office. Other problems with the sibilities in regards to crop insurance, competitors spent $500 million on export pro- food stamps program include a differing set of and we are trying to move away from motion. This year, Canada announced a new eligibility rules, and the likelihood that the disaster program. But to try to re- credit guarantee program for about $713 mil- nonperishable foods, which make up the bulk write an unworkable crop insurance lion. of the commodities programs, will be less bill right in the middle of an appropria- I know there is an urgent need to control available under the food stamps program be- tion bill when we are trying to do it in spending and to reduce the federal deficit, cause stores are less likely to stock them. but I urge you to resist efforts to balance the Finally, it appears that conversion to the the farm bill is just not the way to do budget on the backs of America’s farmers business. I want water and sewer pro- and ranchers. I appreciate your support of Food Stamp Program will result in increased grams, but that was a very untoward our joint efforts to promote U.S. agricultural costs to the Federal Government. In fiscal remark by the gentleman from Illinois, exports. year 1994, the average per month cost of food and I resent it. Sincerely, stamp benefits was $69.01 compared to The CHAIRMAN pro tempore. The DAN GLICKMAN, $33.51 for commodities. Thus, conversion to question is on the amendment offered Secretary. food stamps would more than double the per- by the gentleman from Massachusetts Mr. MILLER of California. Mr. Chairman, the person food cost of service to Indian bene- [Mr. OLVER]. committee report accompany H.R. 1976, the ficiaries. The question was taken; and the fiscal year 1996 Agriculture appropriations bill, In sum, the Appropriation Committee's plan Chairman pro tempore announced that contains a provision that will seriously affect to phase out the commodities program will not the noes appeared to have it. the availability of food on Indian reservations. only increase hunger and hardship on Indian RECORDED VOTE In the report, the Appropriations Committee di- reservations but will also increase costs to the rects the Secretary of Agriculture to begin the Mr. OLVER. Mr. Chairman, I demand Federal Government. This policy is clearly termination of the Food Distribution Program a recorded vote. anti-Indian and, without any hint of hesitancy The CHAIRMAN pro tempore. Pursu- on Indian Reservations, commonly known as or remorse, literally takes food out the mouths ant to the order of the House of the commodities program. Indians who benefit of the poorest of the poor. Mr. Chairman, the Wednesday, July 19, 1995, further pro- from the commodities program are to be trans- Indian population which is dependent upon the ceedings on the amendment offered by ferred to the Food Stamp Program. Given the commodities program needs our protection the gentleman from Massachusetts current levels of poverty and hunger on Indian and not our spite. As trustees and fiduciaries reservations, the phase out of the commod- [Mr. OLVER] will be postponed. to the more than 550 native American tribes, ities program is an unwise and uninformed Mr. BARRETT of Nebraska. Mr. Chairman, we should treat them better. maneuver that is nothing short of another Mr. VENTO. Mr. Chairman, I rise in opposi- I would like to submit for the record a copy of clear breach of this Nation's trust responsibility tion to the fiscal year 1996 Agriculture appro- a letter from Agriculture Secretary Glickman to native Americans. priations bill, which carries through on the di- expressing the administration's support and The administration requested $78.6 million rectives of the House Republicans' welfare re- commitment to agricultural export programs for reservation commodities in fiscal year form plan by cutting food stamps and other such as the Market Promotion Program and 1996. The committee's bill provides for $65 nutrition programs. the Export Enhancement Program. million, a decrease of $13.6 millionÐ17 per- As we saw with their welfare reform meas- DEPARTMENT OF AGRICULTURE, cent. The President's request reflects the fact ure, the new majority in the House wants to Washington, DC, July 19, 1995. that the commodities program must operate launch an extreme and broad-based attack on Hon. BILL BARRETT, Chairman, Subcommittee on General Farm Com- with a $0 carry-in for fiscal year 1996 as op- poor children and families. As part of this at- modities, Committee on Agriculture, U.S. posed to carry-ins of $13.4 million in fiscal tack, they are cutting the Food Stamp Pro- House of Representatives, Washington, DC. year 1994 and $27.3 million in fiscal year gram, one of the most essential programs for DEAR BILL: As the United States House of 1995, as well as the fact that food costs have people in need, and capping the number of Representatives considers the fiscal year 1996 risen steadily, from $45.6 million in fiscal year participants which may receive assistance appropriations bill for the Department of Ag- 1994 to $47.7 million in fiscal year 1995 to an from the Special Supplemental Food Program riculture (USDA), I would like to express my estimated $49.2 million in fiscal year 1996. for Women, Infants, and Children [WIC]. WIC commitment to USDA’s export programs. With the help of the Market Promotion The commodities program serves more than is a program with such proven benefits as Program (MPP), the Export Enhancement 110,000 native Americans each month who re- fewer premature births, fewer fetal deaths, and Program, and USDA’s other export pro- side on or near reservations in 24 States. The better cognitive performance in children, one grams, U.S. agricultural exports are ex- reservation commodities program was the only family would have to leave the WIC program pected to reach a record level of $51.5 billion commodities program maintained by the Nixon for another to be served. July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7377 Under this appropriations bill, inflation will program and will still provide a safety net for and critical control points, is needed to prevent no longer be considered as a factor when de- peanut growers. problems from occurring throughout the pro- termining a family's eligibility for food stamps. That bill will address the concerns of the duction process. This means that families will either become in- gentlelady and I think will satisfy the vast ma- eligible for benefits or see their benefits re- jority of those that have objections to agri- Once again, I commend my colleague, Rep- duced as inflation impacts their income and culture programs. resentative WALSH, for his willingness to com- ability to meet their basic needs. The bill also Again, I thank the gentlelady for allowing the promise with the administration regarding the cuts overall funding for food stamps in 1996 authorizing committee to do its job. procedural problems in an effort to improve by $1.7 billion compared to this year 1995. Mrs. VUCANOVICH. Mr. Chairman, as a the current system. I also want to applaud the States predictably will tighten eligibility require- former member of the Agriculture Appropria- efforts of the ranking minority member of the ments in order to try to keep down costs and tions Subcommittee, I recognize the difficulties Agriculture Subcommittee, Representative the result will mean that fewer poor families faced by the chairman and ranking member DURBIN, in bringing this matter to the House's will be able to receive food assistance. Fur- and I commend them for their efforts on this attention. I believe that the risks are too high thermore, this bill completely eliminates the bill. H.R. 1976 provides $15.9 billion in agricul- to wait any longer to implement change into food stamp contingency reserve which is used tural programs but still saves $5.2 billion, com- the current food handling process. We cannot to shore up the program when the need for pared to spending last year. However, with rest until everything is being done to protect food stamps becomes greater than optimisti- tough challenges come tough decisions, and I the safety of our food, and provide for the cally low limits estimated. Republicans claim am faced with one today. I am concerned well-being of our loved ones. that cutting funding for food stamps and other about an amendment to be offered later during Mr. SKEEN. Mr. Chairman, I move public assistance programs will move people this debate and the effect this will have on that the Committee do now rise. off of welfare. The question is: where are the low-income housing for people in my State of children, women and the elderly going? Not Nevada and throughout the Nation. Specifi- The motion was agreed to. only is the GOP cutting food stamps, but they cally, 502 direct housing loans help those low- Accordingly, the Committee rose; are intent on cutting the social safety net of and very-low-income families who are unable and the Speaker pro tempore (Mr. education, training, child care, shelter, and to obtain financing elsewhere. Without these LAHOOD) having assumed the chair, Mr. medical care in numerous proposals and funds, it will be difficult or impossible for peo- SHAYS, Chairman pro tempore of the measure being advanced in this Congress. ple to achieve the American Dream of owning Committee of the Whole House on the The WIC program is among the most suc- their own home. In addition, I am concerned State of the Union, reported that that cessful and cost-effective of our Federal nutri- about other reductions to rural programs in- Committee, having had under consider- tion programs and promotes the health and cluding rural waste disposal projects and rural ation the bill (H.R. 1976) making appro- well-being of our country's children. Currently, development. priations for Agriculture, Rural Devel- the WIC program can not even provide bene- Although reluctant, I will support this amend- opment, Food and Drug Administra- fits for all eligible women and children due to ment because it does have some good provi- tion, and Related Agencies programs lack of funds. I have supported full funding of sions in it regarding the Conservation Reserve for the fiscal year ending September 30, this program, which should be a high priority Program and the Wetlands Reserve Program. 1996, and for other purposes, had come if we value our future enough to care for our However, I urge the chairman to continue to to no resolution thereon. children. However, Republicans want to further fight to restore funding for the 502 housing f limit the number of children who may benefit program and some of the other rural programs from the program by capping the number of in conference. COMMUNICATION FROM THE CHIEF participants at current levels. This will de- Mr. CUNNINGHAM. Mr. Chairman, I cannot ADMINISTRATIVE OFFICER OF crease the effectiveness of this program by begin to express how pleased I am that a THE HOUSE OF REPRESENTA- ruling out any opportunity for a response from compromise was reached yesterday between TIVES the Government when there is an increase in Agriculture Secretary Glickman and Rep- The Speaker pro tempore laid before the number of children and families in need of resentative WALSH regarding the implementa- the House the following communica- services. tion of meat and poultry safety rules. tion from Scot M. Faulkner, Chief Ad- Nutrition programs provide an extremely val- Representative WALSH's withdrawal of his ministrative Officer of the House of uable way to promote good health and prevent amendment to the fiscal year 1996 Agriculture Representatives: disease for some of our most vulnerable citi- appropriations bill is a clear sign of his com- CHIEF ADMINISTRATIVE OFFICER, zens. When we fund nutrition programs, we in- mitment to enact change into the current food HOUSE OF REPRESENTATIVES, vest in children and families and create eco- handling process. The new agreement will Washington DC, July 20, 1995. nomic and social benefits for all. When the allow for additional public hearings to be held Republicans cut back on nutrition programs, to consider the views of all interested parties RE: State of Illinois v. Melvin Reynolds we will see a rise in malnutrition and a result- throughout the rule-making process. I am re- Hon. NEWT GINGRICH, ing rise in health care costs. The Republican lieved that there will not be a delay of the Speaker, House of Representatives, Washington, approach to nutrition programs is to cut off USDA's implementation of safeguards and DC. benefits with the notion that you can forcefeed standards to improve meat inspection. DEAR MR. SPEAKER: This is to formally no- change and reduce poverty through such Unfortunately, the issue of safe food and the tify you pursuant to rule L (50) of the Rule harsh action. I do not support this approach devastating effect of foodborne illness are not of the House that my Office has been served and I believe that the Federal Government has new to me. I have closely followed this issue with a subpoena issued by the Circuit Court a role in helping people. I oppose this bill be- since the 1993 E.coli outbreak on the West of Cook Country, Illinois. cause of the shortfall in funding and the policy Coast. I have had the pleasure of working with After consultation with the General Coun- changes that are being superimposed through members of STOP [Safe Tables Our Priority], sel, I have determined that compliance with an organization founded by victims' families the subpoena is consistent with the privi- this ill considered appropriation process. leges and precedents of the House. Mr. CHAMBLISS. Thank you, Mr. Chairman. who are dedicated to the prevention of Sincerely, Last night my colleagues from New York, Ms. foodborne illness. SCOT M. FAULKNER, LOWEY withdrew her amendment to the Agri- Until the tragedies were highlighted a few Chief Administrative Officer. culture appropriations bill which pertains to the years ago, I do not believe that people were f peanut program. I commend the gentlelady for aware of the inherent dangers associated with withdrawing her amendment and would state the consumption of raw meat products. It is LEAVE OF ABSENCE that I appreciate the fact that the gentlelady unfortunate that a number of deaths occurred now agrees that the farm bill needs to be writ- before significant changes were made to the By unanimous consent, leave of ab- ten in the Agriculture Committee as opposed current food handling processes. sence was granted to: to the appropriations process. I think that we would all agree that our Na- Mr. VOLKMER (at the request of Mr. We members of the Agriculture Committee tion's meat inspection policy must be im- GEPHARDT) for today, after 6 p.m., on have been working very diligently to reform all proved. Obviously, a system that was created account of illness of spouse. agriculture programs. I have been particularly in 1906, and has changed very little since that By Mr. BACHUS (at the request of involved in working on a reform of the peanut time, is in need of repair. A new inspection Mr. ARMEY) until 4:30 p.m. today, on program that will be a more market oriented system based on HACCP or hazard analysis account of attending a funeral. H 7378 CONGRESSIONAL RECORD — HOUSE July 20, 1995 SPECIAL ORDERS GRANTED northern Virginia, pursuant to 40 U.S.C. H.R. 2082. A bill to amend title 5, United 606(a); to the Committee on Transportation States Code, to provide for the establishment By unanimous consent, permission to and Infrastructure. of priority placement programs for Federal address the House, following the legis- 1236. A letter from the Secretary of Health employees affected by a reduction in force, lative program and any special orders and Human Services, transmitting a draft of and for other purposes; to the Committee on heretofore entered, was granted to: proposed legislation entitled, ‘‘Vaccine Ex- Government Reform and Oversight. (The following Member (at the re- cise Tax Amendments of 1995’’; to the Com- By Mr. OBEY (for himself, Mr. quest of Mr. ZIMMER) to revise and ex- mittee on Ways and Means. HINCHEY, Mr. BRYANT of Texas, and tend his remarks and include extra- 1237. A letter from the Secretary of Edu- Ms. PELOSI): cation, transmitting a draft of proposed leg- neous material:) H.R. 2083. A bill to provide for a tax reduc- islation entitled, ‘‘The Accelerated Direct tion in the case of low economic growth; to Mr. HORN, for 5 minutes, on July 21. Loan Program Implementation and Student the Committee on Ways and Means. f Loan Marketing Association Transition Act By Mr. SANDERS (for himself, Mr. of 1995’’; jointly, to the Committees on Eco- MEEHAN, Mr. MCDERMOTT, Mr. EXTENSION OF REMARKS nomic and Educational Opportunities and OWENS, Mr. STARK, Mrs. MINK of Ha- By unanimous consent, permission to Ways and Means. waii, Mr. OBERSTAR, Mr. SHAYS, Mr. revise and extend remarks was granted f JOHNSTON of Florida, Mr. EVANS, Ms. to: VELAZQUEZ, Mr. MORAN, Mr. YATES, REPORTS OF COMMITTEES ON Mr. DEFAZIO, Mr. DELLUMS, Mrs. (The following Members (at the re- PUBLIC BILLS AND RESOLUTIONS MALONEY, Mr. HINCHEY, Mr. RANGEL, quest of Mr. DURBIN) and to include ex- Mr. GONZALEZ, Mr. OBEY, Mr. Under clause 2 of rule XIII, reports of traneous matter:) GUTIERREZ, Mrs. SCHROEDER, Mr. Mr. NEAL of Massachusetts. committees were delivered to the Clerk KLECZKA, Mr. LIPINSKI, Mr. LEWIS of Ms. DELAURO. for printing and reference to the proper Georgia, Mr. STUPAK, Mr. REYNOLDS, Mr. LANTOS. calendar, as follows: and Mr. MARKEY): Mr. ACKERMAN. Mr. LIVINGSTON: Committee on Appro- H.R. 2084. A bill to authorize the Secretary Mrs. MALONEY. priations. Report on the Revised Subdivision of Agriculture to impose labeling require- Mr. PALLONE in two instances. of Budget Totals for fiscal year 1996 (Rept. ments for milk and milk products produced from cows which have been treated with syn- Mr. SERRANO. 104–197). Referred to the Committee of the Whole House on the State of the Union. thetic bovine growth hormone, to amend the Mr. FRAZER. Agriculture Act of 1949 to require the Sec- f Mr. MILLER of California. retary of Agriculture to reduce the price re- Mr. KENNEDY of Massachusetts. PUBLIC BILLS AND RESOLUTIONS ceived by producers for milk that is produced Mrs. MEEK of Florida. by cows injected with synthetic bovine Mr. COYNE. Under clause 5 of rule X and clause 4 growth hormone, to direct the Secretary of Mr. RAHALL. of rule XXII, public bills and resolu- Health and Human Services to develop a syn- Ms. HARMAN. tions were introduced and severally re- thetic BGH residue test, and for other pur- (The following Members (at the referred as follows: poses; to the Committee on Agriculture. quest of Mr. ZIMMER) and to include ex- By Mr. LONGLEY: H.R. 2085. A bill to amend the Federal traneous matter:) H.R. 2077. A bill to designate the U.S. Post Food, Drug, and Cosmetic Act to require la- Office building located at 33 College Avenue beling for milk and milk products produced Mrs. SMITH of Washington. from cows which have been treated with syn- Mr. ROGERS. in Waterville, ME, as the ‘‘George J. Mitch- ell Post Office Building’’; to the Committee thetic bovine growth hormone, to direct the Mr. PACKARD. on Transportation and Infrastructure. development of a synthetic bovine growth Mr. SCHIFF. By Mr. ENGLISH of Pennsylvania (for hormone residue test, and for other purposes; Mr. MARTINI in two instances. himself, Mr. NEAL of Massachusetts, to the Committee on Commerce. Mr. HASTERT. Mr. HOUGHTON, and Mr. DOOLEY): By Mr. SHAYS (for himself, and Mr. Mr. ZIMMER. H.R. 2078. A bill to amend the Internal Rev- CLINGER): Mr. HORN. enue Code of 1986 to clarify the excise tax H.R. 2086. A bill to increase the overall Mr. GUNDERSON. treatment of draft cider; to the Committee economy and efficiency of Government oper- on Ways and Means. ations and enable more efficient use of Fed- f By Mr. FRISA: eral funding, by enabling local governments and private, nonprofit organizations to use ADJOURNMENT H.R. 2079. A bill to provide amnesty from criminal and civil tax penalties for individ- amounts available under certain Federal as- Mr. ZIMMER. Mr. Speaker, I move uals who, within the 6-month amnesty pe- sistance programs in accordance with ap- that the House do now adjourn. riod, notify the Internal Revenue Service of proved local flexibility plans; to the Com- The motion was agreed to; accord- previous nonpayments or underpayments of mittee on Government Reform and Over- ingly (at 12 o’clock and 40 minutes Federal income tax and pay such underpay- sight. By Mr. STOCKMAN: a.m.), the House adjourned until today, ments in full; to the Committee on Ways and H.R. 2087. A bill to provide that human life Friday, July 21, 1995, at 10 a.m. Means, and in addition to the Committee on the Judiciary, for a period to be subse- shall be deemed to exist from conception; to f quently determined by the Speaker, in each the Committee on the Judiciary. case for consideration of such provisions as By Mr. STOCKMAN: EXECUTIVE COMMUNICATIONS, fall within the jurisdiction of the committee H.R. 2088. A bill to amend title 23, United ETC. concerned. States Code, relating to the sale of alcoholic Under clause 2 of rule XXIV, execu- By Mr. GEJDENSON: beverages to persons who are less than 21 years of age; to the Committee on Transpor- tive communications were taken from H.R. 2080. A bill to amend title 38, United States Code, to provide priority health care tation and Infrastructure. the Speaker’s table and referred as fol- by the Department of Veterans Affairs for By Mr. TATE: lows: veterans who received nasopharyngeal irra- H.R. 2089. A bill to provide for a change in 1233. A letter from the Chairman, Council diation treatments while serving in the the exemption from the child labor provi- of the District of Columbia, transmitting a Armed Forces; to the Committee on Veter- sions of the Fair Labor Standards Act of 1938 copy of D.C. Act 11–95, ‘‘Vending Site Lot- ans’ Affairs. for minors between 16 and 18 years of age tery and Assignment Amendment Temporary By Mr. HANSEN (for himself, Mr. DOO- who engage in the operation of automobiles Act of 1995,’’ pursuant to D.C. Code, section LITTLE, and Mr. SHADEGG): and trucks; to the Committee on Economic 1–233(c)(1); to the Committee on Government H.R. 2081. A bill to recognize the validity of and Educational Opportunities. Reform and Oversight. rights-of-way granted under section 2477 of By Mr. LANTOS (for himself, and Mr. 1234. A letter from the Chairman, Federal the Revised Statutes, and for other purposes; GILMAN) Election Commission, transmitting proposed to the Committee on Resources, and in addi- H. Con. Res. 84. Concurrent resolution ex- regulations repealing three obsolete provi- tion to the Committee on the Judiciary, for pressing the sense of the Congress concern- sions of its rules (11 C.F.R. sections 104.17, a period to be subsequently determined by ing freedom of the press in Russia; to the 110.1(g), and 114.12(d)), pursuant to 2 U.S.C. the Speaker, in each case for consideration Committee on International Relations. 438(d); to the Committee on House Oversight. of such provisions as fall within the jurisdic- By Mr. QUINN (for himself, Mr. VIS- 1235. A letter from the Administrator, Gen- tion of the committee concerned. CLOSKY, Mr. CREMEANS, Mr. HOLDEN, eral Services Administration, transmitting By Ms. NORTON (for herself, Mr. Ms. KAPTUR, Mr. DOYLE, Mr. HOKE, an informational copy of the lease prospec- DAVIS, Mrs. MORELLA, and Mr. Mr. BROWN of Ohio, Mr. SHUSTER, Mr. tus for the Patent and Trademark Office, WYNN): RAHALL, Mr. CHRYSLER, Mr. EVANS, July 20, 1995 CONGRESSIONAL RECORD — HOUSE H 7379

Mr. MASCARA, Mr. BEVILL, Mr. DUR- H.R. 752: Mr. KLINK, Mr. SCHAEFER, Mr. H.R. 1619: Mr. RADANOVICH, Mr. BIN, Mr. MCHALE, Mr. LIPINSKI, Mrs. CLAY, Mr. JOHNSTON of Florida, Mr. FRISA, CUNNINGHAM, and Mr. MANTON. THURMAN, AND Mr. WISE): Mr. DORNAN, Mr. HUTCHINSON, Mr. ANDREWS, H.R. 1660: Mr. ENGEL, Mr. HORN, and Mr. H. Con. Res. 85. Concurrent resolution au- Mr. SKEEN, Mr. DAVIS, Mr. GILCHREST, Mr. DELLUMS. thorizing the use of the Capitol Grounds for STUDDS, Mr. WARD and Mr. ARMEY. H.R. 1699: Mr. SCARBOROUGH. an event sponsored by the American Iron and H.R. 783: Mr. COOLEY. H.R. 1754: Mr. BOUCHER. Steel Institute to demonstrate the use of H.R. 835: Ms. JACKSON-LEE and Mr. RA- H.R. 1769: Mr. DREIER. steel building materials in the construction HALL. H.R. 1799: Mr. FLANAGAN. of residential homes; to the Committee on H.R. 883: Mr. RUSH. H.R. 1802: Mr. HOLDEN. Transportation and Infrastructure. H.R. 942: Mr. LEWIS of Georgia and Mr. H.R. 1818: Ms. PRYCE, Mr. RADANOVICH, Mr. f HOKE. GOSS, Mr. WAMP, Mr. TATE, Mr. FAWELL, Mr. H.R. 969: Mr. BARCIA of Michigan, Mr. STUMP, Mr. METCALF, Mrs. SEASTRAND, and MEMORIALS DEFAZIO, and Mr. ANDREWS. Mr. ROGERS. Under clause 4 of rule XXII, memori- H.R. 995: Mr. CANADY. H.R. 997: Mr. EMERSON, Mr. JOHNSTON of H.R. 1834: Mr. CLINGER, Mr. EWING, and als were presented and referred as fol- Florida, Mr. MANTON, Mr. SHADEGG, Mr. Mrs. FOWLER. lows: STUPAK, and Mr. WILSON. H.R. 1885: Mr. PARKER. 138. By the SPEAKER: Memorial of the H.R. 1018: Mr. CHRISTENSEN. H.R. 1960: Mr. SAXTON and Mr. STEARNS. House of Representatives of the State of Ala- H.R. 1046: Mr. REYNOLDS. H.R. 2003: Mrs. MORELLA, Mr. LAFALCE, Mr. bama, relative to expressing opposition to H.R. 1050: Ms. KAPTUR. GENE GREEN of Texas, and Mrs. LOWEY. the Congress of the United States with re- H.R. 1073: Mr. ROMERO-BARCELO, Mr. WATT H.R. 2058: Mr. HAMILTON, Mr. BERMAN, and spect to pending bills to reduce benefits for of North Carolina, Mr. SAWYER, Mr. JOHN- Mr. ACKERMAN. coal miners; to the Committee on Economic STON of Florida, Mr. BEILENSON, Mrs. H.R. 2064: Mr. BACHUS. and Educational Opportunities. MORELLA, and Mr. HEINEMAN. H. Con. Res. 60: Mr. PALLONE. 139. By the SPEAKER: Also, memorial of H.R. 1074: Mr. FROST, Mr. ROMERO- H. Con. Res. 79: Mr. WILLIAMS. the Senate of the State of Nevada, relative BARCELO, Mr. WATT of North Carolina, Mr. to urging the Congress of the United States JOHNSTON of Florida, Mr. BEILENSON, and f to amend the Social Security Act and the In- Mrs. MORELLA. ternal Revenue Code of 1986 to allow States H.R. 1114: Mr. SCHAEFER, Mr. PETRI, and AMENDMENTS to make payments for certain services pro- Mr. HALL of Texas. Under clause 6 of rule XXIII, provided to, and to provide certain services to, H.R. 1127: Mr. ARCHER, Mr. VOLKMER, Mr. recipients of Medicaid who have disabilities; posed amendments were submitted as BROWNBACK, Mr. EHLERS, and Mr. ROTH. follows: jointly, to the Committees on Ways and H.R. 1161: Mr. WARD. Means and Commerce. H.R. 1162: Mr. ROYCE and Mr. HUTCHINSON. H.R. 2002 f H.R. 1184: Mr. HUTCHINSON. OFFERED BY: MR. HEFLEY H.R. 1280: Mr. JOHNSON of South Dakota. AMENDMENT NO. 16: Page 53, line 15, ADDITIONAL SPONSORS H.R. 1299: Mr. HORN. H.R. 1328: Mr. SKEEN. strike ‘‘$8,421,000’’ and insert Under clause 4 of rule XXII, sponsors $5,421,000’’. were added to public bills and resolu- H.R. 1381: Mr. FRAZER. H.R. 1384: Ms. RIVERS. tions as follows: H.R. 2002 H.R. 1386: Mr. RADANOVICH, Mr. GOSS, Mr. OFFERED BY: MR. NADLER H.R. 104: Mr. SKEEN. GILLMOR, and Mrs. SEASTRAND. H.R. 328: Mr. CRANE. H.R. 1458: Mr. BEVILL. AMENDMENT NO. 17: Page 46, lines 3 H.R. 436: Mr. HALL of Texas, Mr. HUTCHIN- H.R. 1514: Mr. KLINK, Mr. HINCHEY, Mr. through 7. SON, and Mr. PETE GEREN of Texas. MOORHEAD, Mr. TAYLOR of Mississippi, Ms. Redesignate subsequent sections of title III H.R. 500: Mr. PARKER. H.R. 580: Mr. LUTHER and Mr. BAKER of FURSE, Mr. LINDER, Mr. FRANKS of New Jer- of the bill accordingly. California. sey, Mr. GREENWOOD, Mr. DEUTSCH, Mrs. H.R. 2076 EYNOLDS VUCANOVICH, Mr. GEPHARDT, Mr. SKEEN, Mr. H.R. 616: Mr. R . OFFERED BY: MR. HEFLEY H.R. 739: Mr. BARTON of Texas. BOEHLERT, Mr. HASTERT, Mr. HUTCHINSON, H.R. 743: Mr. HAYWORTH, Mr. CLINGER, Mr. Mr. THORNBERRY, and Mr. HAYWORTH. AMENDMENT NO. 1: Strike page 36, BARTON of Texas, and Mr. CHAMBLISS. H.R. 1594: Mr. HORN. line 21, through page 38, line 4. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, THURSDAY, JULY 20, 1995 No. 118 Senate (Legislative day of Monday, July 10, 1995)

The Senate met at 9 a.m., on the ex- SCHEDULE early next week, that we certainly piration of the recess, and was called to Mr. DOLE. Mr. President, this morn- would try to accommodate the Presi- order by the President pro tempore ing leader time has been reserved. dent’s request. [Mr. THURMOND]. There will be a period for morning Beyond that, depending on what hap- The PRESIDENT pro tempore. We business until the hour of 10 a.m. pens today, we could be on the Ryan have a guest Chaplain this morning. Following morning business, it will White measure tomorrow. On Monday, When I first came to the Senate he was be our intention to go to the legislative we will be considering gift and lob- my press officer. Later my legislative branch appropriations bill. I hope we bying reform. On Tuesday, we hope to assistant, later my administrative as- can get permission or clearance to do go to foreign ops and the State Depart- sistant. One of the finest men I have that. There will be rollcall votes, I un- ment authorization bill. That will ever known. He is now a lay preacher, derstand, on that. It is also my hope probably take at least 2 or 3 days. author of many books, and an out- that we can bring up the military con- I advise my colleagues, as far as we standing citizen. struction appropriations bill. That know at this point, there will be votes We are honored to have him with us, would need the consent of our col- throughout today. There will be votes Harry Dent, of Columbia, SC. leagues. tomorrow. If there should be any We need to do six appropriations bills change, I will certainly come to the PRAYER before the August recess—whenever floor and make the announcements so The guest Chaplain, Harry Shuler that starts. This will be very helpful. my colleagues on both sides of the aisle Dent, Sr., of Columbia, SC, offered the We will at least complete action on two will have notice. following prayer: of those this week. We still have the I reserve the balance of my leader’s Let us pray: matter of the rescissions package, time. Our Father, who art in Heaven, hal- which I am not going to worry about f anymore, for the next few days. I had it lowed be Your name. May Your will be MORNING BUSINESS done on Earth as it is in Heaven. May up to my eyeballs with the rescissions all Americans, and especially the mem- package. The PRESIDING OFFICER (Mr. bership of this august body of distin- Then we have also S. 343. There could ASHCROFT). Under the previous order, guished lawmakers, be a part of Your be a vote on cloture today on regu- there will now be a period for the solution to the evils, the moral melt- latory reform. It seems to me we have transaction of morning business not to down, and the hurts that plague our just about reached—we have been nego- extend beyond the hour of 10 a.m. with country and people across the world. tiating, I think, in good faith. Senators permitted to speak therein May we be Your guiding star of moral We have had people on both sides. I not to exceed 5 minutes each. and spiritual righteousness for all think we are prepared to make some f additional changes if that will be help- Americans and all the people of the RESCISSIONS world. ful. But I do not see much movement Mr. WELLSTONE. Mr. President, I Please take us as a nation and on the other side, as far as votes are will manage the minority leader’s change us individually and collectively concerned. It seems to me that that time. Mr. President, I want to respond where we need to be transformed so we vote could come today. I will be vis- to the majority leader in a very posi- may be guardians and purveyors of iting with the distinguished Demo- tive, and by no means personal, way. Your great commission and the great cratic leader, Senator DASCHLE, and Mr. President, first of all, I thank the commandment as presented to us by will make a judgment, whether that be majority leader. He is quite right. Jesus. Use us to turn America and the today, tomorrow, or next week. I did indicate to the President that I There have been negotiations that have world to Your will, for Your glory and was inclined to accede to his request gone on for some time. I believe that for the good of all mankind. Amen. for Bosnia, but I want to talk to some we would be ready very soon to go for- f of my colleagues on both sides of the ward on the rescissions package. aisle who are cosponsors. I certainly There were several issues. The major- RECOGNITION OF THE MAJORITY want to cooperate with the President ity leader has now been working with LEADER where possible. I have indicated to the us. We have agreed to have debate on a The PRESIDENT pro tempore. The Democratic leader if we could work out number of amendments—one dealing majority leader is recognized. some agreement on a vote on that with the low-income energy assistance,

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

S10329

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10330 CONGRESSIONAL RECORD — SENATE July 20, 1995 and the second one, which I really want through here without some debate and lots, who have to maintain their cur- to talk about and hope that there will discussion. We wanted an opportunity rency, will not be getting that cur- be some change and restore some of the to have some amendments. We have rency. It will be dangerous to them. funding for this program. The other agreed to a limited time. We are ready These are the needs for the emer- has to do with the job training and to go forward, and I think we can. gency supplemental. But let me tell education programs. Again, I say to the majority leader you first hand, as one who worries Mr. President, the only disagree- and I say to colleagues, at this point in every day about funding the vitally im- ment—and I believe it will be worked time we have one piece to work out. I portant functions of assisted housing, out—has to do with a counseling pro- believe that will happen this morning. of medical care for veterans, of EPA, gram which, I say to my colleague I see there is no reason why we cannot NASA, and others, what is going to from Missouri, I would like to talk get the reprogramming part taken care happen if we do not pass the rescissions about for a long time. I will not, be- of—that will be the piece that the ma- bill. This is not a question of re- cause other colleagues want to speak, jority leader and I are now working to- programming and we are going to fine and I will get a chance to speak later. gether on, which is of course always tune things here and there. We have This is an interesting program, Mr. the best way to proceed, if you can— taken a rescission hit. We have, in this President. The ratio, Members will like and then we will have a limit, time rescissions bill, given up $8 billion in this, of paid staff to beneficiaries is 1 limit on two amendments that will budget authority. That is money ap- to 2,000. It is not topped down. It is out deal with the two other areas. Then we propriated for the current year but in the States. This is a program that is will have a vote. which will not be spent until future extremely important. It is what we are Mr. President, I say this morning be- years. all about. It is basically a few paid cause I am quite confident that we can The reason we had to do that is be- staff that in turn nurture a lot of vol- move forward and I will be ready to do cause HUD, primarily, has been spend- unteers that in turn provide seniors so when the majority leader is ready to ing out of control. And, in HUD, when with just basic information about their do so. We will just wait to work this you appropriate money 1 year, you get health care coverage. People some- out on the reprogramming part, and the budget authority out there but it times find that bewildering, and some- then we should be ready to go. That is starts spending out in future years. So times there is unfortunately some rip- what we have been aiming for all 60 percent of the dollars that will be off when it comes to supplementary along. spent next year in the subcommittee Medicare coverage. It is extremely suc- I yield the floor. that I chair are spent as a result of pre- cessful. The PRESIDING OFFICER. The Sen- vious years’ appropriations. And our The majority leader said last night, ator from Missouri. limit, what we can spend in that year, and he is quite correct, that he has now f is determined by the actual outlays. been working with us and actually is We have, in all, over $6 billion of helping me to restore the funding to THE RESCISSIONS BILL budget authority rescinded in HUD this program. It does not require a lot Mr. BOND. Mr. President, I am en- under this bill. We have worked with of resources. We are talking about re- couraged that we could have some Housing and Urban Development, we storing $5 million. It was a $10 million movement on the rescissions bill. have worked with our colleagues on the program. By the way, Mr. President, There are many important issues that other side, and while nobody likes to sometimes these numbers seem small are facing this body right now. I hap- cut budget authority, they have agreed to Members but this program makes a pen to think that regulatory reform is that this is the least harmful. huge and positive impact in the lives of extremely important, not only for Let me tell you what happens if that a good many very vulnerable citizens. small businesses, for farmers, but for The only confusion and disagreement the growth of our American economy. rescissions bill does not go through. If was that I was waiting for the re- But, as we look at these long-range that rescissions bill does not go programming of this. I thank the programs, we have a very severe short- through, we have another billion dol- White House for their help. I certainly term problem. I have the distinction of lars of outlays in the Department of would like to thank the minority lead- chairing the Veterans Administration, Housing and Urban Development that er. What I wanted to be careful about, HUD, and Independent Agencies Appro- we cannot control. And that is likely and this just simply had not been priations Subcommittee. This so-called to mean that we will not have the worked out yet, is that the reprogram- rescissions bill is actually an emer- money to continue to provide public ming was not a ‘‘rob Peter to pay gency and rescissions bill. It is the sup- housing in federally assisted housing Paul.’’ I did not want to take this plemental emergency bill because the for all of the 4.8 million families that money from another program that was Federal Emergency Management Agen- depend upon HUD funding for their extremely helpful, for example, to sen- cy is getting very close to running out housing during the coming fiscal year iors. of money. We have had disasters, such of 1996. We are going to be hard pressed So, Mr. President, the only delay, as the California earthquakes and fires to fund that housing and other vitally and I think it is a very slight delay, and floods, we have had the bombing in important programs like CDBG, and and I see no reason why we cannot go Oklahoma City, we have had floods in HOME, and the work of the Veterans forward, is to make sure we have a re- the Midwest, and the money available Administration and NASA, as it is. I programming done. I also wanted to for FEMA is about at its end. Nobody think we can do it if this rescissions make sure that my colleagues had expects a disaster to occur and the bill passes. some understanding on appropriations. Feds to say, ‘‘Sorry, we cannot come. If this rescissions bill continues to I mean, both the majority chair of the We do not have any money.’’ But we languish as people try to work out re- 1 committee, Senator HATFIELD, and the are about at that point. programming for the last 2 ⁄2 months of minority chair, Senator BYRD, I want- That is why this bill, the emergency this fiscal year, if we do not get the reed to make sure that they were fully supplemental and emergency rescis- scissions bill, those who hold up the re- apprised of where we were going on the sions bill, is vitally important. That is scissions bill will have to go home and reprogramming. That just did not hap- No. 1. explain why some people are going to pen last night. That is the one missing Second, we have had our defense be thrown out, thrown out of federally piece. It all goes together. There would budget drawn down because of police assisted housing they now occupy. not be a need for a third amendment if actions, responding to needs in various The subcommittee on Labor and HHS we work that out. I think we will. parts of the country. The distinguished has $1.3 billion in outlays that depend Mr. President, I will just say what I chairman of the Defense Appropria- upon this bill. This rescissions bill is have said all along, which is—I am tions Subcommittee will tell you, if we vitally important. I urge my colleagues speaking for myself; I think Senator do not get this bill through, in Sep- to move it. MOSELEY-BRAUN would say the same tember we are going to have to shut Mr. DORGAN addressed the Chair. thing—we really believed that it was down operations for ships, for air- The PRESIDING OFFICER. The Sen- important that the bill not just go planes. That means that American pi- ator from North Dakota.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10331 Mr. DORGAN. Mr. President, I ask I am going to go to a markup in 10 THE ORGANIZATION OF ECONOMIC unanimous consent to speak for 10 min- minutes, in which I know there are COOPERATION AND DEVELOPMENT utes in morning business. about five or six provisions in this au- Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without thorization bill that represent special like to go to one other subject today objection, it is so ordered. little projects in someone’s State. briefly. It is one that almost no one f So what happens to the line-item knows anything about, including the veto? Why do we not have a line-item THE LINE-ITEM VETO Presiding Officer. It is called the Orga- veto moving so that the President nization of Economic Cooperation and Mr. DORGAN. Mr. President, this has might sign the bill and have the au- Development or OECD. It is an inter- been a very interesting year in Con- thority to remove this pork with a gress with the change in control in national organization that we pay 25 line-item veto in appropriations bills both the House and the Senate; in some percent of the total cost. I do not think this Congress is going to pass? ways refreshing, in some ways very dis- anybody in here really knows much appointing. This is the year of reform I think I know what has happened to about it. There are a lot of inter- and change. Many of the changes and it. The House of Representatives 120 national organizations. days later has not even appointed con- reforms are useful and interesting. This year the United States will con- Many others are just downright nutty. ferees to go to a conference with the Senate on the line-item veto. Why have tribute about $62 million to fund the I will give you an example of some. OECD. We are a member of the OECD. The notion that when the Soviet they not appointed conferees? Because I do not think they really want a line- I am told that they meet in the finest Union is now gone we should start to places in the world and are build star wars with money we do not item veto. I do. I voted for it. I voted for it many times in Congress. And I headquartered in Paris. When they have at a time when this project clear- hold a meeting, they hold a meeting in ly is not necessary. In my judgment, felt in March of this year when the Senate passed it, and the month before a fine, great hotel in one of the great that’s a nutty idea. cities of the world. Folks come from all We stick $9 billion into defense that when the House passed it, that maybe those who said it was an urgent pri- over the world to attend OECD meet- the Department of Defense says it does ings, the Organization of Economic Co- not want or does not need. That makes ority on the other side of the aisle were operation and Development. no sense to me. That is not reform or serious. It now appears they were not change. serious at all. It now appears to me One of the things they did recently is Maybe, as one had suggested, charge they were much more interested in pro- approve a report, a document state- admission to tour the U.S. Capitol. In ducing pork than producing a line-item ment, in which this country partici- other words, charge the American citi- veto bill. pated and signed, that talked about zens admission to take tours in the If there is a lost and found depart- how you apportion the tax burden of U.S. Capitol in order to raise money to ment in the Congress, I hope someone international corporations among the reduce the deficit? It seems to me that will call and ask, where is the line- countries in which they do business. qualifies as a nutty idea. item veto bill? This little document said the OECD, Provide laptop computers for poor One of our colleagues has treated us with the United States signing the doc- kids at a time when you are cutting to a big yellow sign every day which ument, rejects something called global school lunches? Another nutty idea. says, ‘‘Where is Bill?’’—which is not in formulary apportionment. It does not I have said there are a lot of goofy my judgment a very respectful ref- mean much to anybody. But what it ideas. There are some good ideas, some erence to the President. But ‘‘Where is means to me is this country signs on a of which I have supported, one of which Bill?’’—asking, ‘‘Where is the Presi- dotted line, along with the other mem- is the line-item veto. I want to ask dent’s budget?’’ ber countries of the OECD, saying the some questions about that this morn- I guess, if I were inclined with that United States is willing to give up or ing. forgive about $15 billion a year in taxes On February 6 of this year, this Sen- sort of approach, I could bring a chart here that says, ‘‘Where is the bill?’’— that ought to be paid to America that ate passed a bipartisan proposal on the will not be paid. line-item veto. I happen to think, and and hang up ‘‘120 days’’ on the chart to Seventy-three percent of the foreign- have thought for a long while, it makes ask the question, ‘‘Where is the line- based corporations doing business in sense for a President to have a line- item veto bill?’’ the United States pays zero in Federal item veto. Most Governors have it. The We passed it. The House passed it. income taxes, despite the fact they President ought to have it. And there is no conference because the We passed a line-item veto here in House has not even appointed con- earn hundreds of billions of dollars the Senate on March 23. The House ferees. Is the reason they have not ap- here. There are companies that sell passed it on February 6. It is now over pointed conferees because they want to cars, VCR’s, television sets, and other 120 days, and the question is, where is lard up the appropriations bills with products—whose names you would rec- the line-item veto? pork, $200 million in pork by the ognize instantly—that do business here Today we are going to start on our Speaker of the House and they do not every day earning billions of dollars first appropriations bill. Soon those ap- want a Democratic President to veto and pay zero in U.S. income taxes. Not propriations bills will go to the White the pork out of these bills? If that is pay a little bit—pay nothing in Federal House. My guess is that those who the reason, they are wallflowers when income taxes. wrote the Contract With America and it comes to fighting the deficit. Why is that? It is because the IRS is included the line-item veto in the con- Let us decide to cast this line-item stuck with an outdated tax enforce- tract, those who were so urgent about veto bill, get it through conference, ment system which the foreign cor- the need for a line-item veto as they and get the President to sign it. Let us porations love, and which foreign gov- spoke on the floor of the Senate and have a bite at these appropriation bills ernments love as well. It is called the the House, are now less interested in right now with this deficit. If you care arm’s-length method, which is used to really having a line-item veto if it about public policy and about the line- evaluate transfer pricing that exists means that a Democratic President in item veto, if you voted for it in the between related corporations. Tens of the White House has a line-item veto Senate, as I did, if you voted for it in thousands of foreign corporations do to get rid of Republican pork in appro- the House, as the majority did, I hope business in the United States through priations bills. they would start asking the question, U.S. subsidiaries that they own and I noticed yesterday, in a newspaper, ‘‘Where is the line-item veto?’’ Why do control. These integrated companies ‘‘Gingrich Gets $200 Million in New we not expect the Speaker to appoint sell things to themselves back and Pork,’’ it says in the headline. I do not conferees? Why do we not have a con- forth, and establish their own prices on know what this is about. It is just ference report, bring it from the House, those transactions. That is why we ‘‘pork’’ in an appropriations bill— have the Senate pass it, and get it back have examples of tractor tires being ‘‘Gingrich Gets $200 Million in New to the President so that he can exercise sold between corporations that are re- Pork,’’ in an appropriations bill. the line-item veto on these bills? lated for $7.50 for a tractor tire; a piano

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10332 CONGRESSIONAL RECORD — SENATE July 20, 1995 for $50; a safety pin for $29; tooth- 1995, $62 million—only 5 years later and spects as a foreign policy issue and in brushes for $18. Why would corpora- our share nearly doubled. That is pret- some respects as an economic policy tions price tractor tires at $7.50? Be- ty interesting. In fact, from 1994 to 1995 issue—only they understand and no one cause they are moving profits in or out the OECD, this little number in the else is capable of understanding. of countries with corporations they State Department goes from a $50 mil- I might say the Senator who is pre- control, and that is called transfer lion to a $62 million contribution. siding at the moment was recently a pricing. We wrestle and debate on the floor of Governor of a State. The States faced We use a system in taxing called the the Senate about why we have $5 mil- this problem. They faced it because we arm’s length methodology which is an lion here or $10 million there. Mr. have a lot of businesses that do busi- archaic, buggy-whip system. It is like President, $62 million now goes to ness in every State in the Union, and taking two plates of spaghetti and try- OECD, and it is on a steep increase; the question was, how do we divide ing to attach the two ends together; nearly doubling in the last 5 years. their profits? How do we know what taking different corporations and con- They are off making deals with inter- part of their profits go to Indiana, necting them together to save in a national corporations, and with other Ohio, or North Dakota? market system. It is a system that is countries in a manner that will affect The States grappled with this and totally unworkable and unenforceable. us by, in my judgment, shortchanging came up with a three-factor formula, The result is massive tax avoidance. us probably $15 billion a year in taxes and they said we are going to pass This country is losing to the tune of $15 that we ought to get that we will not something called UDITPA, uniform di- billion a year, in my judgment, because from foreign corporations that make vision of income tax—payroll, property we have not replaced this flawed sys- profits here. Then they said to us you and sales. You make $10 million and 1 tem with a simple formula approach, as have no right to see the information. percent of your payroll, 1 percent of the States have used successfully for Well, I would say to the Secretary of your property, and 1 percent of your decades. I might say with respect to the Treasury, if you think that is going sales were in that State, then 1 percent domestic businesses operating in dif- to stand, you are wrong. When the ap- of that profit should be allocated as the ferent States that there is a standard propriations bill comes to the floor and tax base, and that is the way it worked. formula that is used to apportion prof- you want more money, you had better The fact is the States have led on its between jurisdictions using the be here with a lot of information. Oth- this issue for decades; they solved this amount of payroll, property, and sales erwise, in my judgment, we are going problem. And you look at what the as a guide. But the IRS’s continued use to have a whole series of votes on the Federal Government is doing with of the arm’s length method means we OECD, and you may lose a whole lot of international corporations with ex- are losing $15 billion every year from money because you cannot say to us actly the same problem, and they are the biggest international corporations give us the money for these inter- using a buggy-whip approach that is in the world which do not pay taxes, national organizations, but we do not losing billions of dollars. despite earning huge profits in this have any interest in telling you about More importantly than losing the country. what these organizations are doing and money, we have created the situation Our U.S. representative at the OECD what the policy implications are for where we say to foreign corporations, signs on to an agreement that says we this country. You come in here and do business and reject the use of formulary apportion- So I would say to the Secretary of you will receive a major advantage. ment. the Treasury and to the State Depart- You can do business and play a game so So as a result of that, I wrote to the ment, if they are listening, that they that you do not have to pay any taxes, Secretary of the Treasury and the Sec- will not enjoy the debate we will have but the American businesses that stay retary of State and said tell me about when the appropriations bill comes to here at home and do business only here the OECD. Who is involved in these ne- the floor if they think we should spend at home must pay certain taxes on gotiations? Where were the meetings $50 million or about $63 million as they their profits. held? What corporations were involved have now requested in 1996 for OECD, What is the consequence? The con- to persuade them to do this? They said and still take the position that we have sequence is that the American business we cannot give you that information. no right to the information developed is disadvantaged because the foreign It is confidential. You have no right to by this organization. competitor gets by tax free. And that the working papers of the OECD. They This is I know an arcane and difficult is the problem here. are secret. issue. And there are not many people I have alerted by letter and received I said, Wait a second. I am part of a that are even very interested in it. apparently one giant yawn from the group that funds them; about $62 mil- When I talk about the arm’s-length bureaucracy of this problem, and I lion this year from U.S. taxpayers’ will method of tax enforcement versus a wanted to alert them that they are not go to the OECD. You are saying that formulary method of tax enforcement, going to have a very pleasant August we do not have a right to see the infor- when you talk about transfer profits, and September with their appropria- mation? transfer pricing, and enforcement tions bills if they think they can tell I asked a series of detailed questions methods, I understand why people’s folks in the Congress that they want of both the Secretary of the Treasury eyes fog over. $63 million for an international organi- and also of the Secretary of State to But I do not understand why a small zation which send its representatives try to understand what is going on. business person who starts up a busi- to the finest hotels in the world to The fact is you cannot get information. ness and makes a profit and is required meet for a while and sign documents It is secret or otherwise unavailable, to pay taxes should have to watch as that, in my judgment, contravene this they say. If it is so secret, maybe they another large international business country’s interests, and then say to us do not need our money. Maybe they do enters the American marketplace, has who appropriate the money, ‘‘Take a not need $62 million. $5 billion worth of sales, make three- hike’’ when we ask them to show us the I want to share with my colleagues quarters of a billion dollars in net prof- documents that were used and all of the money that goes to OECD. At a it and pays zero in taxes to the U.S. the information that was developed in time when we are saying we do not Government. the construct of this policy. have enough money to deal with prob- It is not fair, and it ought to stop. We Mr. President, it was therapeutic, if lems in this country, including prob- ought to expect those foreign corpora- nothing else, to be able to talk about lems of families who are struggling tions that do business in America to this in the Chamber this morning, and very hard, a whole range of areas, nu- pay their contribution on their profits we will have a lengthier discussion on trition, education, and so on, here is just as our Main Street businesses do this subject when their appropriations what has happened to OECD, the Orga- every single day. bills come forward. nization of Economic Cooperation and There is, I know, a web of complexity LINE-ITEM VETO Development. about all of this. I know that the State Mr. President, let me make one final In 1990, the American taxpayers con- Department and the Treasury Depart- point. I will again be addressing the tributed $36 million to the OECD. In ment and others view this in some re- question of a line-item veto in the

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10333 coming days because it is time for the ingful welfare reform package that has going to get the 60 votes required to House to appoint conferees, time for a been put forward. When I say meaning- pass a welfare reform bill in this body. conference, time to have a line-item ful, I mean meaningful to the people And I am confident we can do that. veto. I want to find out who is inter- who are in the welfare system or who I am, also, at the same time—having ested in producing a line-item veto may find themselves at some future worked with Senator ASHCROFT, Sen- versus who is interested in providing time being caught in that net. ator GRAMM, and others, working with pork. If we are interested in the line- We believe this is a dramatic depar- Senator PACKWOOD, Senator DOLE, and ture from business as usual, and it is item veto, and I am—and I guess I others—trying to come up with a bill something I am very excited about. I voted for it 15 or 20 times in my ca- that we can form that takes, hopefully, have worked on the welfare reform reer—I hoped when I voted for it in a lot from the Gramm bill, but reaches March we would not be debating in issue as a member of the House Ways across to try to get Members who may July whether or not we are going to and Means Committee and chaired the have concern about providing too much have a line-item veto. Some apparently Republican task force last session of State flexibility, too much local con- have decided to move into slow motion Congress to come up with a Republican trol and provide some sort of com- here while there is a Democrat in the welfare reform bill. We worked 9 or 10 promise that can get the required votes White House. That is not the way the months in extensive meetings and to pass this Chamber. line-item veto works. And while we see came up with a bill—it was included as headlines that say ‘‘Gingrich Gets $200 part of the Contract With America— I think this issue and the oppor- Million in New Pork,’’ I would ask, called the Personal Responsibility Act. tunity to make dramatic changes is where is the line-item veto? That formed the basis of the bill that here. And this issue is too important Pork is bipartisan and done on a bi- was eventually passed, H.R. 4, by the for us to hold out for the perfect solu- partisan basis. I would like to have a House, and what we have done really is tion. I think we need it out there as a line-item veto in the hands of Demo- take that product and taken it one step goal. But at the same time I think we crat or Republican Presidents to ad- further and allowed more State flexi- have to be practical and understand dress it. If someone has some notion of bility, more local experimentation. that we have to get what we can today. where this bill is or what is holding it One of the provisions that is in the And if we can, as will be in the Pack- up, maybe we can find out if we can get bill that I am very proud of that the wood bill, also in the Gramm bill, is a a line-item veto in the hands of this Senator from Missouri was the author block grant of the AFDC Program to President before these appropriations of is a provision that says that commu- allow States the flexibility to put for- bills get to the White House. nity organizations, local community ward their own plan for welfare recipi- Mr. President, I yield the floor. organizations, nonprofits, churches ents, to give them the opportunity to Mr. President, I make a point of could actually be the welfare agency in get into jobs, to get into job training, order a quorum is not present. a local community, really get back to and put stiff work requirements, put a The PRESIDING OFFICER. The what we know works. And what we time limitation—those kinds of things clerk will call the roll. know works in dealing with the prob- that we know work in getting people The assistant legislative clerk pro- lems of poverty are people who are in off the welfare dependency cycle back ceeded to call the roll. the community, who care about the into the mainstream of American life. Mr. SANTORUM. Mr. President, I people that they are serving, not some- Those are the kinds of things that we ask unanimous consent that the order one hired from the State capital to need to say, ‘‘States, do the innova- for the quorum call be rescinded. monitor caseload, but someone who tion, do the work that is necessary for The PRESIDING OFFICER. Without lives next door, who goes to the same your individual States to be able to objection, it is so ordered. church as the person who is going transition people off.’’ We are going to Mr. SANTORUM. I thank the distin- through the difficult time in their life. give that flexibility, and in both bills. guished Presiding Officer. Those are the kinds of really dra- That is only a small piece of the wel- f matic reforms that are in the Gramm bill that we are going to be introducing fare pie, AFDC, what many people, cer- WELFARE REFORM today. And I am excited about it. I tainly a lot on the other side, consider Mr. SANTORUM. Mr. President, I think it is a good mark. It shows where to be welfare. I think welfare is a much rise to continue a forum that we start- we want to be ultimately on the issue broader category. They say AFDC is ed here as the 11 freshman Republican of welfare reform: Multiple block the welfare program, Aid to Families Members of the 104th Congress to talk grants, some flexibility within those With Dependent Children. If we can about the issues that were important block grants to allow States to deal block grant that program, end the enti- to us during the campaign that are now with emergencies or an increase in tlement nature, end the dependency coming to the floor of the Senate and maybe the number of people who need that results from someone being guar- give a perspective of those who are nutritional assistance, so they can anteed money for doing things that, more freshly from the hustings to the move from one fund to another maybe frankly, most people would say are not Senate and to the people listening. people—there is an increasing surge in what we want them to do: have chil- Today, the issue that we are going to day care requirements. The same thing dren out of wedlock, do not get a job, discuss—and I know the Presiding Offi- allows that kind of flexibility for the do not get job training, do not try to do cer, the Senator from Missouri, has State to be able to move funds around anything to get yourself out. We will been an outstanding advocate in his from account to account. I think that give you more money. I think that is a short tenure in the Senate on this is an important change. Again, the very perverse incentive. End that enti- issue—is welfare reform. Senator Senator from Missouri was the one tlement. Say that after a certain pe- ASHCROFT served as the Governor of that put forward these ideas. So I am riod of years, you cannot continue in Missouri for 8 years and instituted wel- excited about that bill. this life. That we will help you but you fare reform and has been a tremendous Let me say that I do not think that must help yourself. It is a contract be- advocate for really dramatic reform in is where we are going to end up. That tween those who want to help and the States. is where I would like to end up. So I am those who are to be helped. That piece Later today, Senator ASHCROFT, on the bill. That is where I would like alone, if we can block grant that piece, along with Senator GRAMM, Senator to end up. That is where I would like to send it to the States, give them the op- GRAMS, and others, is going to have a see somebody come down and say, this portunity, with a string that says you press conference to discuss a version the way we should go, this is the dra- have a 5-year limitation, you have to that we are going to put forward which matic step forward we should take. have a work requirement; if we can do I believe, of all the bills that have been But just like the House where there that piece alone, I think we will make introduced to date, both in the House were bills that were introduced that a major change in the lives of millions and the Senate, is probably the most were more dramatic than was passed, of Americans and give them the oppor- dramatic, the most forward looking, H.R. 4, I think we will have to come up tunity that they have not seen under the most flexible, and the most mean- with a more modest approach if we are this system, which is intended to be

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10334 CONGRESSIONAL RECORD — SENATE July 20, 1995 compassionate but is nothing but de- do not have the opportunity for the de- tion without punishing families. So I structive to millions of lives, families, bate and discussion. think the health care reform piece is and communities across America. I say to my friend from Missouri critically important. We have that opportunity today. I that, if he is going to speak in morning Finally, I think this is a challenge think we can get 60 or more votes for business, I would really prefer to let for all of us. I think it goes well beyond that provision. We should go as far as him have the time, so I will just take welfare reform policy. We really need we can. We should try to do more. We 2 minutes rather than taking up the to look at the fundamental question of should do food stamp reforms. I would rest of the time for now. I do think standard of living in this country and like to see a block grant for food there are a couple of things that con- the squeeze on the vast middle class stamps. I do not know if we can get a cern me about what is called welfare and what has been going on for the last block grant for the Food Stamp Pro- reform. 15 years, plus—I am not pointing the gram. If we can get major reforms that First of all, I want to make sure it is finger in any party direction—and I came out of the Agriculture Com- not reformatory as opposed to reform. think the overwhelming challenge is to mittee that require work for people It seems to me real welfare reform en- have an economy that produces good who are on food stamps, that get rid of ables a family—and in the main we are jobs that people can count on. I think a lot of the waste and fraud that en- talking about women and children —to that has to be part of welfare reform as courage electronic benefits transfer, make the transition from welfare to well, so a mother has a job that pays a which is being used just north of here workfare. Now, we have been talking wage, has benefits on which she can in Maryland and other places, in iso- about that for a long time. Actually, support her children. I think we need lated programs, for example, in Berks Franklin Delano Roosevelt talked to look at these much more carefully. County in Pennsylvania, using the about that in 1935 when what we now I could say more. I will not. My col- debit card as opposed to a food stamp. know as the AFDC Program was intro- league is anxious to speak. I yield the It cuts down tremendously on fraud. duced as a part of the Social Security floor. We need to encourage that for States Act. The PRESIDING OFFICER (Mr. to be able to do more of that, to reduce The problem is when we talk about SANTORUM). The Senator from Mis- the amount of food stamp fraud, which moving to workfare as opposed to wel- souri. I know is a very sensitive issue among fare, it is very difficult to have any f millions of Americans who see the welfare reform unless, in fact, there is affordable family child care. I mean, it RESTORE HOPE AND fraud every day at the grocery store. OPPORTUNITY Those are the kinds of things that we is very difficult today for a single par- can and should debate here on this ent. Almost all of these single parents Mr. ASHCROFT. Mr. President, it is floor. And I am hopeful that we can are women. In some ways I wish more true that there is a broad consensus bring a bill—I want to doff my cap to were men. And I wish there were less that people understand what we have the majority leader for his courage in single parents, period, No. 1; and, No. attempted to do with our welfare sys- setting forth the last week of the ses- 2—and I think the Chair and I agree on tem has been a failure. If you want to sion before the recess to do welfare re- this—men took more responsibility. see what our current Washington- form so that we can come here and But if we are going to say to a single based, one-size-fits-all welfare program have a great debate before we get into parent, ‘‘You need to work,’’ there are has done, to see how the perverse in- the reconciliation process after we a couple of critical ingredients to make centives of the welfare system have come back, but have a debate focused sure this is real welfare reform and not failed, I guess you could go just a cou- solely on the issue of welfare reform. reformatory. One is for especially ple blocks from here. There you can see Many have encouraged the majority smaller children, that there is afford- a generation raised by welfare and fed leader to just fold welfare reform into able child care. That is not done on the through food stamps, but literally reconciliation and consider it all one cheap. starved of nurture and hope. You will big package. I think that is a mistake. I know that in Minnesota, one of the meet young teens in their third preg- I do not think it gives welfare the kind problems that we have run into—and I nancy. You will meet children who not of focus that it deserves in changing think we are doing a really good job on only do not have a father, but they do America. welfare reform—is we have long wait- not know any other child with a father. So I appreciate the opportunity to ing lists. As a result of that, many of These are tragedies of the current sys- come here and talk about this. I want the mothers that you talk to cannot tem, and these are the realities against to again congratulate the Presiding Of- make the transition to work because which reform must properly be judged. ficer for his tremendous work on this they simply cannot afford or find—not There has been a great deal of report- issue. And I yield the floor. custodial—but developmental child ing recently on divisions in our discus- Mr. WELLSTONE addressed the care for their children. sion on welfare. I would like to make Chair. A welfare family is not 1 mother and something as clear as I possibly can. The PRESIDING OFFICER. The Sen- 10 children. We are usually talking While it may have taken us some time ator from Minnesota is recognized. about one mother and two children. to reconcile our differences in terms of f I will be done because I do not want the strategy that we have, we have to take the time away from my col- never forgotten the horror of our cur- WELFARE REFORM, NOT league from Missouri and we will have rent system, we have never disagreed REFORMATORY plenty of time for debate on this. on our fundamental values, and we Mr. WELLSTONE. Mr. President, The second point is the one we talk have never wavered from our central first of all, before my colleague leaves, about all the time, which is we have to commitment, and that is to end the we come here to speak on the floor and somehow figure out where health care system of welfare we have now, to we have other engagements. Let me reform fits into this, because all too strengthen States and communities, to just say to him that I think we are to- often what happens is a single parent restore hope and opportunity to the tally in agreement on the need for a goes back to school, a mother goes millions of Americans for whom such full discussion and debate. Hopefully, it back to school, a community college, words now are tragically words with- will be one that is done with a consid- maybe then finishes up at the Univer- out definition or words without mean- erable amount of substance and grace sity of Minnesota, then tries to get a ing. and dignity on welfare. I do think it job. The Washington Post had a very, I might add that it is important for would be a mistake to fold this into a very good portrait about this. What us to understand that as well meaning reconciliation bill because I think happens is, you are no longer receiving as we might be in Washington in seek- whenever you are considering such a Medicaid, you are paying child care, ing to find a single solution to all of major departure from public policy— and if you look at the wages that are the problems that relate to the needs and this is a major departure of public out there for jobs, you are behind. So of people that would move them from policy—it is a mistake to fold it into we have to make sure that, in fact, dependence to independence, it would the reconciliation bill where you really families are able to make this transi- be inappropriate for us to try and find

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10335 a solution because there are lots of so- Among the adults that lived in that the families who received State cash lutions that are going to be necessary, apartment, more than $65,000—more relief were needy because the fathers and no one garment will fit all children than $65,000—per year was received an- had died. Benefits were intended pri- and no one vehicle will carry all loads nually in public assistance, aid that marily to enable the widow to care for and no single system imposed from took the form of cash payments, food her children at home. Washington on this great Nation will stamps, medical care. Somehow, some Today, AFDC serves divorced, de- be productive in moving people from way that money was not having its inserted, and never-married mothers and the web of dependency to the oppor- tended effect. their offspring. Since the beginning of tunity of independence. A system designed with the best in- the program in 1965, in the last 30 We really need for the creative ca- tentions, unfortunately is leading to years, State and Federal Governments pacity of the States, the innovation the destination of the road paved with have spent $5.4 trillion on welfare, pro- and the energy of people who are work- best intentions; a system designed with viding cash, food, housing, medical ing to develop their own systems and the best intentions is eliciting and en- care, and social services. For the $5.4 the commitment that that investment couraging the worst behavior; a system trillion spent since 1965, you could buy in their own systems brings, to be al- which built change of dependency rath- the entire industrial infrastructure of lowed in a new system which would er than breaking shackles. the United States—every factory, ma- give States the opportunity through In that house, there were no fathers chine, store, every hotel, television block grants to develop the strategies to be found, no hope to be found for station, office building, and still have which will elicit the response among anyone. This is a tragedy that happens money left over. the citizens of the communities that all across America, and it is a tragedy The PRESIDING OFFICER (Mr. those States represent. of our current system. COVERDELL). The Chair advises the So as we work together, and I am So as I conclude, let me just say that Senator that his time has expired. pleased to have had the opportunity to as we consider welfare reform, let the Mr. INHOFE. I understand that. I ask work with so many people in this re- true measure of our reform never be for 30 more seconds. spect, through vigorous discussions and the dollars that we might save, or the Mr. DOLE. I will be glad to yield the discussions I have had have been no bureaucracy that is cut, or the pro- some of my leader time. more vigorous with anyone than those grams that are reduced. But let our Mr. INHOFE. I will just conclude by discussions which I have had with the measure of reform be found in the abil- saying that we have an opportunity to distinguished Senator from Pennsyl- ity to move people from hopeless gov- do something about this—one of the vania who inhabits the chair at this ernmental dependence to hopeful eco- three major mandates of the election moment. But it is that kind of discus- nomic and personal independence, from in 1994. It is incumbent upon to us do sion, it is that kind of exchange, it is the grasp of a perverse system of Gov- this. We have introduced legislation that kind of a collusion of ideas that ernment programs to the embrace of that will give true welfare reform and provides the opportunity for the truth the loving and caring communities and take the profit out of illegitimacy, and to emerge and for the real progress to the limitless opportunities of America. the people of America are demanding be made. Mr. President, I thank you. that we do it. In the weeks ahead as we debate wel- Mr. INHOFE addressed the Chair. Thank you, Mr. President. fare, it is my hope that this debate will The PRESIDING OFFICER. The Sen- f serve as a trial. It should be a trial ator from Oklahoma. MID-YEAR REPORT—1995 that will indict the abuses, the horrors, f the lies of our current Washington- The mailing and filing date of the WELFARE REFORM THE COUNTRY knows-best, one-size-fits-all perverse, 1995 mid-year report required by the WANTS incentive-laden system of welfare. It is Federal Election Campaign Act, as my intention in the weeks ahead to try Mr. INHOFE. Mr. President, I see amended, is Monday, July 31, 1995. All and ensure that an understanding of morning business is about to be con- principal campaign committees sup- the current system happens so that we cluded. I want to make a couple com- porting Senate candidates for election can avoid making the mistakes of the ments about our subject of the day, the must file their reports with the Senate past over again. Someone much wiser welfare reform the country so des- Office of Public Records, 232 Hart than I has said appropriately that perately wants. Building, Washington, DC 20510–7116. those who ignore history are destined The postelection survey showed that You may wish to advise your campaign to repeat it. Let us not be destined to there are three major elements to the committee personnel of this require- repeat the horror of our welfare sys- mandate of the election of 1994. They ment. tem. were: We want to do something to The Public Records office will be Today, I just want to begin by talk- eliminate the deficits; we want to do open from 8 a.m. until 7 p.m. on the filing about an incident that probably all something meaningful about regu- ing date for the purpose of receiving of us remember, because we cannot for- latory reform; and we want real wel- these filings. For further information, get. In February of 1994 in the process fare reform. please do not hesitate to contact the of a routine drug raid in Chicago, po- Mr. President, I am very proud that Office of Public Records on (202) 224– lice stumbled upon 19 young children, we in this House, the Senate, and over 0322. some handicapped, living on dirty mat- in the other body, submitted and f tresses in an unspeakably filthy six- adopted a budget resolution that is going to end up eliminating the deficit THE PRESIDENT REQUESTS A bedroom apartment infested with DELAY ON BOSNIA VOTE roaches and soiled with animal dirt. by the year 2002. So the President The Chicago Tribune reported it this could not veto it, or I am sure he would Mr. MCCAIN. Mr. President, I noted way: have. Nonetheless, I think we are on that Senator DOLE was asked to delay The children of [six] mothers from [six] our way to fulfilling that mandate. a vote on Bosnia until some time next fractured families * * * [were found] va- Regulatory reform—we are working on week, as I understand it. I will support cantly watching TV * * * [and] fighting over that right now, and I think we will end Senator DOLE in whatever decision he the remains of a chicken bone that the fam- up with a product by the end of the makes. I understand that when the ily dog had eaten. week in getting it out. President of the United States asks for President Clinton said that the de- Welfare reform is more difficult, be- action to be taken that concerns na- spair and wasted human potential cause it seems that everybody cam- tional security, that request must be within that one Chicago apartment was paigns on it, until they get here, and given great credence, and if Senator not merely a social problem from far then they do not want to do anything DOLE decides to delay that vote, I am off places like Calcutta, India, but the about it. The two most important sure that every Member of this body heart of a very domestic problem oc- points are the exploding welfare costs will support that decision. curring in urban centers all around and the crisis of legitimacy. In 1935, If Senator DOLE decides otherwise be- America. when AFDC was enacted, 88 percent of cause of events that transpire in

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10336 CONGRESSIONAL RECORD — SENATE July 20, 1995 Bosnia—and I will point out that the to all Senators with information con- would be required to immediately resume media reports are that Zepa has fallen, cerning S. 878, a bill I introduced to premium payments. as well, and events are unraveling amend the Coal Industry Retiree Trustees of the fund acknowledged, and the there; more U.N. forces are being Health Benefit Act of 1992. Specifically, GAO confirmed, on October 1, 1994, that the threatened with being taken hostage the legislation suspends the so-called fund had 96,237 beneficiaries receiving cov- again—then I would support that deci- reachback tax. My letter responds to erage for hospitals, physicians, vision, hear- sion as well. issues raised about this legislation by ing, speech, ambulance, hospice, home I gave a long speech yesterday on the my distinguished colleague from West health, psychotherapy and group therapy, pregnancy and medically-necessary abortion, issue of Bosnia. I also addressed the Virginia, Senator ROCKEFELLER. I hope issue of airstrikes. I am deeply con- drug and alcohol rehabilitation plus pre- this information will be helpful to all scription drugs and life insurance. cerned about the prospect of ‘‘aggres- Senators in considering the merits of sive airstrikes,’’ exactly what that the bill. Our best information suggests only 29 per- means, and what the rules of engage- I ask unanimous consent that my let- cent of those beneficiaries are retired bituminous coal miners. Some 85 percent of ment are, and if those airstrikes fail, ter and the enclosed fact sheet be what do we do next? I am convinced those covered by this fund already are eligi- printed in the RECORD. ble for Medicare. The fund covers retired that if the Bosnians are assured—as There being no objection, the mate- miners and spouses, parents, children, grand- they are being assured—that there will rial was ordered to be printed in the children and other dependents in the home. never, under any circumstances, be any RECORD, as follows: Not one of those beneficiaries has ever had a U.S. ground involvement, we will learn U.S. SENATE, claim rejected because the fund was insol- a lesson we have learned throughout Washington, DC, July 19, 1995. vent—much less in jeopardy of insolvency. this century: air power alone is not an DEAR COLLEAGUE: In late May, I sent you a The Fiction: The Coal Act ‘‘has success- ultimate determinant in the outcome letter seeking your support for S. 878—a bill fully ensured that the health benefits which of a conflict. to provide equitable relief for the Reachback were promised by these miners’ employers I yield the floor. companies from the retroactive tax imposed continue.’’ by the Coal Industry Retiree Health Benefit f Act of 1992 (Coal Act). You have since re- The Fact: Reachback companies never WAS CONGRESS IRRESPONSIBLE? ceived a letter from Senator Rockefeller ex- signed contracts promising to provide life- LOOK AT THE ARITHMETIC pressing alarm at S. 878 and concern about time healthcare benefits to former employ- attempts to amend the Coal Act. ees, much less to their families. Many of the Mr. HELMS. Mr. President, on that On Thursday, June 22, the House Ways and Reachbacks have been out of the bituminous evening in 1972 when I learned that I Means Subcommittee on Oversight held a coal business 10, 20, 30 and even 40 years. had been elected to the Senate, I made hearing on the Coal Act. The hearing exam- Others have been non-union operators for a commitment to myself that I would ined the inequities of the Coal Act, its im- decades. never fail to see a young person, or a pact on the Reachback companies, and the The unfortunate truth is the Congress group of young people, who wanted to current and projected surplus in the Com- should not have created a new tax against see me. bined Benefit Fund. Last month, a federal the class of companies now known as district court ruled the Coal Act unconstitu- It has proved enormously beneficial Reachbacks. Reachback companies had no tional and enjoined its application to the to me because I have been inspired by legal or moral commitments or promises— Unity Real Estate Company. and certainly no binding contracts—which the estimated 60,000 young people with Contrary to the fears expressed by pro- obligated them to pay lifetime healthcare whom I have visited during the nearly ponents of the Coal Act, I have no intention benefits and life insurance for former em- 23 years I have been in the Senate. of jeopardizing in any way the benefits prom- ployees and their families. However, those Most of them have been concerned ised to retired miners by the members of the about the magnitude of the Federal Bituminous Coal Operators Association companies which do have such obligations, debt that Congress has run up for the (BCOA). Nor will S. 878 do that. A fact sheet should fulfill those obligations. coming generations to pay. The young attached to this letter specifically responds The Fiction: ‘‘In the late 1980s and early people and I always discuss the fact to some of the concerns expressed in Senator 1990s, a number of large companies had that under the U.S. Constitution, no Rockefeller’s letter regarding S. 878. stopped paying into the employer fund which I am optimistic that, based on the record financed the health benefits of their former President can spend a dime of Federal established in the House hearing together workers. This placed the health benefits of money that has not first been author- with other information which has been de- the retirees at risk.’’ ized and appropriated by both the veloped, we can move forward to amend the The Fact: In truth, the crisis atmosphere House and Senate of the United States. Coal Act in a way which relieves its harsh was created by the UMWA and the Bitu- That is why I began making these impact on the Reachback companies, while minous Coal Operators’ Association (BCOA). at the same time insuring the benefits which daily reports to the Senate on Feb- The BCOA did not comply with the contract were in fact promised to the retired miners ruary 22, 1992. I wanted to make a mat- provisions for increased health care benefit by the BCOA. ter of daily record of the precise size of contributions. The UMWA did not pursue the Sincerely, the Federal debt which as of yesterday, legal remedies to enforce the contract guar- THAD COCHRAN, Wednesday, July 19, stood at U.S. Senator. antee provisions which would have assured $4,932,430,021,919.50 or $18,723.59 for Enclosure. the financial health of the funds. every man, woman, and child in Amer- REACHBACK TAX FACTS—A PRIMER ON THE Furthermore, it was the BCOA and the ica on a per capita basis. COAL INDUSTRY RETIREE HEALTH BENEFITS UMWA who pooled their resources in 1991 to f ACT OF 1992 launch, promote and win passage of a new The Fiction: S. 878 would ‘‘create a new tax funding mechanism benefitting both the DESIGNATING SENATOR SIMON TO break for certain companies. . .’’ union and the BCOA. That solution was to SERVE ON THE SPECIAL COM- The Fact: Creating a new tax break is the reach back across the decades to impose ret- MITTEE ON WHITEWATER last thing which S. 878 would do. S. 878 would roactive Federal taxes on private businesses. Mr. DASCHLE. Mr. President, I relieve several hundred American companies Under this ill-conceived policy, any com- would like to advise the Senate that, unjustly subjected to a retroactive tax under pany which had ever signed a National Bitu- the financing mechanism of the Coal Act. minous Coal Wage Agreement (NBCWA) be- pursuant to the authority granted in The Fiction: S. 878 ‘‘jeopardizes the health Senate Resolution 120, the Senator tween 1950 and 1987 would have to pay benefits of retired miners. . .’’ $2,349.38 per year, per beneficiary assigned by from Delaware [Mr. BIDEN] has des- The Fact: This is incorrect. Here is what S. the Social Security Administration. The an- ignated the Senator from Illinois [Mr. 878 does: nually-adjusted premiums run from 1993 SIMON] to serve as the Committee on Provides for any surplus in the United through 2043. The Treasury Department and the Judiciary’s representative on the Mine Workers of America (UMWA) Combined the Internal Revenue Service also must par- Special Committee on Whitewater. Benefit Fund to be used as a premium credit ticipate in this overreach of Federal tax au- for the Reachback companies unfairly and thority to impose $100 per day, per bene- f perhaps illegally taxed by the Coal Act; ficiary penalties on any Reachback company If there is no surplus in the Combined Ben- CONCERNING LEGISLATION TO which does not pay promptly. SUSPEND THE REACHBACK TAX efit Fund, Reachback companies would receive no premium credit; The Fiction: ‘‘. . . Many of these compa- Mr. COCHRAN. Mr. President, today If the fund falls within 10 percent of its op- nies (the Reachbacks) have been held liable I am sending a ‘‘Dear Colleague’’ letter erating expenses, Reachback companies for the lifetime health benefits of their

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10337 former employees in a slew of court deci- other defunct companies or from companies surplus is shrinking. What the GAO did re- sions based on their contractual commit- which had elected not to sign future wage port is that a private consulting firm, using ments.’’ agreements. medical cost trend rates well above accepted The Fact: This is inaccurate. This complex The Fiction: ‘‘The Cochran bill pretends national and industry standards, produced a claim is traced to a clause inserted in the that a surplus in the health fund exists. That report per scenarios drawn by the union fund 1978 pension and benefit trust documents. In phoney surplus is then used to give a tax managers that showed the fund might show a short, the clause said any employer which break to this favored group of companies.’’ deficit in the early years of the next century. ever employed any participant covered by a The Fact: Trustees and managers of the However, the GAO and another highly-re- UMWA benefit plan is obligated to the terms fund itself have confirmed a huge surplus ex- spected private accounting firm previously and conditions of the of the National Bitu- ists. The fund has reported these surpluses in have suggested the fund will enjoy surpluses minous Coal Wage Agreement of 1978, as each monthly statement. A telephone call in the next century. Towers, Perrin actu- amended, and to any successor agreements. today will confirm this. The General Ac- aries forecast a $2.6 billion surplus when the The truth is there is nothing in the so- counting Office (GAO) estimated last June fund runs its course in 2043. called ‘‘evergreen’’ litigation to suggest— the surplus would be at $103 million at the The Fiction: ‘‘The claimed growing surplus much less to hold—that companies are liable end of the fund’s first fiscal year, October 1, in the fund does not exist and has never ex- to provide lifetime health benefits to their 1994. The GAO was off by 10 percent. The isted.’’ former employees. More importantly, a final fund actually reported an almost $115 million The Fact: This is inaccurate. The reality of decision on the ‘‘evergreen’’ theory has yet surplus on October 1, 1994. Although the a surplus is not subject to interpretation. to be made, as the ‘‘evergreen’’ litigation re- magnitude of the surplus was debated by Trustees and managers of the fund have con- mains pending before at least three different three expert witnesses at the June 22 hear- firmed to all interested parties that the fund federal judges. ing, it was clear that the fund will continue is in surplus and has been in surplus the past Since passage of the Coal Act, the facts to sustain a steady surplus into the next cen- two years. The annual and monthly reports have demonstrated that the Reachback com- tury. published by the fund confirm this. panies never authorized or agreed to any ob- The Fiction: Reachbacks are ‘‘a favored The Fiction: ‘‘There are 341 companies that ligation which would have perpetually bound group of companies.’’ are currently responsible for paying for them to contribute to UMWA funds, without The Fact: This is incorrect. Congress health benefits under the act.’’ The Fact: In a June 8 letter from the fund, regard to the terms of their contracts with harmed all of these Reachbacks, devastated the acting executive director reported 473 the UMWA or whether their employees con- many and ruined others. It certainly did not companies are being billed for premiums. tinued to be represented by the union. do them any favors. The tax has caused per- There was no accounting for the over 200 Furthermore, there is absolutely nothing haps irreparable damage to many small and other companies which had signed NBCWA in the so-called ‘‘evergreen’’ clause which family-owned businesses. It has forced the contracts between 1950 and 1987 and which would apply to all of the Reachbacks. Con- cancellation or postponement of hard-earned were originally published as Reachbacks. sider these two glaring facts, then ask your- raises for hundreds of thousands of innocent That list included such notable American self how ‘‘evergreen’’ could possibly be working men and women throughout the businesses as General Motors, which the fund linked to the Reachbacks: country. said was obligated for 90 beneficiaries, or First, the so-called ‘‘evergreen’’ clause did The Fiction: ‘‘Make no mistake about it, not even appear in any of the trust docu- $2,114,442 this year alone. the deficit would be increased in order to pay The Fiction: ‘‘Ernst and Young found that ments until 1978. Many of the Reachback for this tax break. . .’’ the fund is likely to run a $39 million deficit companies did not sign or agree to the 1978 The Fact: The deficit was increased by pas- by the year 2003.’’ or later NBCWAs. sage of the Reachback Tax. Repeal of the The Fact: That’s only one scenario Ernst Second, even among those companies Reachback Tax would lower the deficit. The and Young suggested in a set of projections which did sign the 1978 or later agreement, Reachback provision of the Coal Act in- commissioned by the fund. Ernst and Young the so-called ‘‘evergreen’’ clause could im- creased the deficit because it immediately also found a healthy surplus in the fund in pose no liability on the majority of compa- appropriated an additional $10 million to the another scenario. The scenarios which sug- nies which left the bituminous coal industry. Social Security Administration. Those funds gested a deficit used medical cost trend rate That’s because the clause is based on the were consumed long ago and Social Security projections which are 3.0 to 4.4 percent high- amount of bituminous coal produced and/or still has a staggering backlog of Reachback er than nationally accepted industry stand- the number of UMWA coal miner hours appeals. ards. Interestingly, Ernst and Young uses 5.5 worked. If there is no bituminous coal pro- Passage of the Reachback Tax also has percent medical trend rate calculations to duced, there are no tons or miner hours to forced the Department of Health and Human provide retiree healthcare projections to cli- drop into an equation. Therefore, there is no Services, the Department of Treasury, the ents who are Reachback companies. Ernst math here on which to build a case of brand- Internal Revenue Service, the Department of and Young agreed to use 8.1 percent to 9.9 ing the Reachbacks as party to the retiree Justice and other Federal agencies to spend percent medical cost trend rates to figure healthcare program, the Coal Act or the millions of dollars to administer, monitor, projections for the UMWA’s combined ben- Combined Benefit Fund. enforce and adjudicate the tax. The efit fund. The Fiction: ‘‘Holding Reachback coal Reachback Tax also robbed the Treasury of The Fiction: ‘‘The Cochran Dear Colleague companies liable for the healthcare benefits millions in revenues because the tax was says that a court ruling on the constitu- of their former employees was the best way fully deductible to the corporations to pay tionality of the Coal Act is a year away. to shore up the health benefits trust fund it. The Fact: The Federal District Court in and simply means expecting that promises The Congressional Joint Tax Committee Pittsburgh ruled June 7 that the Coal Act are kept.’’ has indicated it is likely that Federal tax re- was a violation of the Fifth Amendment of The Fact: The Reachbacks made no prom- ceipts will increase if the Reachback Tax is the Constitution. (Unity Real Estate Co. v. ises to provide lifetime healthcare benefits repealed. This gain to the Treasury will Trustees of the United Mine Workers of America for industry retirees. These Reachbacks sat- occur because the contributions to the fund Combined Benefit Fund) Numerous other suits isfied all of their obligations, including are fully deductible from corporate taxable and appeals are pending. It is likely that the claims from the union, when they left the bi- income. Supreme Court will be the final arbiter of tuminous coal business or ended their asso- Furthermore, the presence of a private the constitutionality of the Coal Act. ciation with the union. Far from ‘‘dumping’’ union welfare plan in the budget is, in itself, The Fiction: ‘‘The healthcare and security or ‘‘orphaning’’ former employees, as some improper Federal tax policy and budget pol- of many vulnerable people rest on the ability would suggest, the Reachback companies icy. of the Senate to deal with the facts and re- were participating in a multi-employer re- The Fiction: The Finance Committee held ject myths being spread by companies look- tiree health benefits system. Coal Act hearings. ing to back away from their own promises.’’ Historically, as companies chose not to The Fact: No such hearings occurred on The Fact: The UMWA retirees’ health ben- participate in subsequent bituminous coal the Coal Act. The Senate Finance Sub- efit plan should not be the responsibility of wage agreements, the remaining signatory committee on Medicare and Long Term Care the Senate. Rather, it is clearly in the hands companies continued covering the costs of did hold hearings on the Coal Commission of the individuals, their trade union and the retirees who had worked for others. Compa- Report on Health Benefits for Retired Coal companies which have signed and agreed to nies entering the business which signed a bi- Miners. contracts promising such healthcare and se- tuminous coal wage agreement paid into the The Fiction: The GAO wrote Senator Coch- curity. funds on the same basis as companies which ran May 25 ‘‘to inform him there is not a The Fiction: ‘‘This issue is complex and had been in the business, although they may growing surplus in the health fund.’’ that complexity can be confusing.’’ not have had any retirees. This approach was The Fact: Several members of Congress, in- The Fact: This is not a confusing issue. Far the core concept behind the multi-employer cluding me, have asked the GAO to update from it. Actually, it is quite clear cut and retiree health benefits system. its audit of the fund. We are waiting for that straight forward. When Reachbacks ended their participa- report, which the GAO said it could not have The Congress should never have been tion in bituminous coal wage agreements, ready for the June 22 House Ways and Means drawn into the collective bargaining process they had contributed many millions of dol- Subcommittee on Oversight hearing. The between the coal miner union and the coal lars to pay benefits for retired miners from GAO has not reported to me that the fund’s mine owners.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10338 CONGRESSIONAL RECORD — SENATE July 20, 1995 The union and the owners became strange U.S. corporations said recently. In an un- Is a one-third reduction in civilian re- bedfellows in the coalition which lobbied for precedented joint statement entitled A Mo- search and development really a savings? Or passage of the Coal Act and now is fighting ment of Truth for America, they said: is it a body blow to our national innovation any change in the Reachback Tax. ‘‘Imagine life without polio vaccines and system, our future competitiveness, and our This legislation has cost American tax- heart pacemakers. Or digital computers. Or leadership? payers tens of millions of dollars. municipal water purification systems. Or In the current debate, many seem unwill- Reachback companies made no promises to space-based weather forecasting. Or ad- ing or unable to retain, let alone enhance, provide lifetime healthcare benefits to mem- vanced cancer therapies. Or jet airlines. Or our national excellence in science and ad- bers of the UMWA and should not be sub- disease-resisting grains and vegetables. Or vanced education. Instead of pursuing our jected to a retroactive, unfair, unjust and cardiopulmonary resuscitation.’’ endless opportunities, we are in danger of perhaps illegal federally-mandated tax and That . . . and much, much, more . . . is drifting toward mediocrity. taxpayer-subsidized straightjacket to pay for what science and technology—and our na- This need not be the case. It must not be those benefits. tion’s universities—have made possible. the case. Hundreds of innocent private businesses But today, rather than building upon this It used to be that universities and the fed- and hundreds of thousands of innocent Amer- success, we are about to undermine it. eral government—in the White House and on The Congressional budget resolution pro- icans have wilted because of the poison Capitol Hill—and the voting public—had a poses to reduce the budget for civilian re- sprayed on them by the ill-conceived broadly shared sense of the benefits to be de- search and development by over 30 percent. Reachback Tax. rived from investing in education and re- The long-term outlook is no better in the search . . . and a shared commitment to the Even if we in the Congress were to enact Administration’s new budget proposal. future. remedial legislation this week, where would Do we know what that will mean for the This commitment is rapidly fading. Al- these companies, their employees, managers advancement of the knowledge that fuels the though leaders in both parties and in both and shareholders go to recoup the tens of American economy and creates a better branches of government are struggling to re- millions of dollars in premiums already quality of life? Our budget choices would be tain it, it is fading. dumped into their fund, as well as their lost simpler if we had such wisdom and foresight! incomes, lost wages and lost expenses? We live in an age in which knowledge holds Today, the future has no organized political constituency. f the key to our security, welfare, and standard of living . . . an age in which techno- Since the 1980s, when I began my career as a senior university administrator, I have M.I.T. PRESIDENT CHARLES M. logical leadership will determine who wins the next round of global competition . . . seen an unraveling of a once fruitful partner- VEST—IN SEARCH OF MEDIOC- ship between universities and the govern- RITY: IS AMERICA LOSING ITS and the jobs and profits that come from it . . . an age in which events move so rapidly ment. Its fabric has been frayed by a steady WILL TO EXCEL that almost 80 percent of the computer in- onslaught of policy and budget instability, Mr. KENNEDY. Mr. President, as the dustry’s revenues come from products that rule changes, investigations, and deepening did not even exist just two years ago. distrust. budget process continues, Congress is Congressional hearings and media expose´s required to define priorities and make The cornerstone of our era—the information age—is education. Today, America’s on the reimbursement of the costs of feder- difficult choices about funding, par- system of higher education and research is ally sponsored research have tarnished the ticularly funding that will affect edu- the best in the world. Period. But will it be image of universities. Most of the real issues cational opportunities for our students, the world’s standard of excellence ten years have long since been addressed, but a residue the strength of our research base, and from now? If the nation is to be preeminent of misunderstanding and cynicism remains. the Nation’s competitiveness in the a decade hence, if we are not only to compete At the same time, the federal government global economy in the years ahead. In but lead, then we must sustain these unique has steadily asked the universities to take American institutions. on added missions and requirements without a recent address to the National Press providing the resources to meet them. Club, Charles M. Vest, president of Why? What is so special about our research universities? It is in this strained environment that the Massachusetts Institute of Technology, First, the weaving together of teaching nation is now debating the future federal described in compelling terms the need and research in a single organization gives role and responsibility for university re- to maintain our strong, bipartisan us excellent research, and it gives us supe- search and education in science and tech- commitment to funding university- rior education. Universities combine re- nology. based reseach. I believe that his ad- search and teaching to create vital learning The issue before us transcends partisan communities—open communities of scholars politics. The issue is whether Washington dress entitled, ‘‘In search of Medioc- budgeteers and decision-makers have the po- rity: Is America Losing its Will to that advance our understanding and introduce fresh and innovative young minds into litical will and the vision to serve society’s Excel?’’ will be of interest to all of us the creation of knowledge * * * thereby long-term need for new knowledge, new tech- in Congress concerned with these prior- educating the next generation of scientists nologies, and, above all, for superbly edu- ities, and I ask unanimous consent and engineers. cated young men and women. that his remarks be printed in the And second, research universities are the Sometimes the debate sounds strange to the ears of this academic. During an impor- RECORD. foundation of our entire national research infrastructure. Supporting the advancement tant recent mark-up session, for example, a There being no objection, the re- Congressman actually commented: ‘‘I don’t marks were ordered to be printed in of scientific and technical knowledge is an investment. It is an investment in the future give a damn about the science, but I sure the RECORD, as follows: of our human capital—people and their ideas. love the politics!’’ [From the National Press Club, July 18, 1995] It is an investment in the future quality of There are those of us who would like to see IN SEARCH OF MEDIOCRITY: IS AMERICA life, health, and welfare of the American peo- those sentiments reversed! And this includes LOSING ITS WILL TO EXCEL? ple. the American public. Recent polls show that This two-part rationale was articulated 50 nearly 70 percent of the American public (By Charles M. Vest) years ago this month in a report to President thinks it is very important for the govern- I appreciate the opportunity to talk with Truman entitled Science—The Endless Fron- ment to support research, and nine out of ten you this afternoon. I note that the company tier. It presented the vision of Vannevar want the country to maintain its position as of speakers I join includes, among others, Bush, who had directed the nation’s wartime a leader in medical research. In fact, 73 per- both movie actors and movie subjects. Next science effort. That vision set a confident cent are willing to pay higher taxes to sup- week, this Club will hear from Jim Lovell, America on a search for excellence. And port more medical research. the astronaut who commanded the Apollo 13 America has benefited beyond measure from What we need now is not a partisan polit- mission. The Apollo 13 drama reminds us this quest. ical debate. What we need to come together that science and technology are an essential Under current budget scenarios, however, again in the best interests of the next gen- part of the human adventure. we are in danger of disinvesting in our fu- eration. But science and technology are not just ac- ture. The cost of doing so * * * and of drift- We are all facing pressures to cut costs and tivities for astronauts and academics. ing toward mediocrity in science, tech- become more effective and efficient—in gov- Science and technology affect our lives nology, and advanced education is simply ernment, academia, and industry. every day and they create immense benefits too great to pay. Industry is doing its part . . . by produc- and opportunities for all of us. Their We must regain our vision, our confidence, tion better, more competitive products, im- progress over the past few decades has been and our will to excel. proving processes, reducing cycle times, im- as dramatic as the movie that Americans are The Federal government is rightly con- proving quality, and meeting environmental flocking to see. cerned about the budget deficit. It is making challenges. The same intense competitive What are some of these benefits? hard choices. We all have to make hard pressures that stimulated these changes, You would expect me, as a university choices. But these decisions have to be based however, have increasingly focused indus- president, to have a catechism to recite. But on a vision of the future and on an under- trial R&D on short-term objectives. Appro- listen instead to what the CEOs of 16 major standing of what hangs in the balance. priately so. But research of more general and

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10339 longer term value has been scaled back tre- my colleague Michael Dertouzos, who is the search and education; a commitment to ac- mendously. director of MIT’s Laboratory for Computer cess and opportunity; the free and open com- Industry’s nearly total R&D focus on rap- Science. He points out that over the last petition of ideas; and a dedication to excel- idly commercializing products, when com- three decades, the Department of Defense lence. bined with growing constraints on support of has funded university research in informa- Those young people with the talent to dis- university research, could devastate our nation technology to the tune of some $5 bil- cover new sources of energy, to unlock the tional innovation system. It could well leave lion. These university programs created one- workings of the mind, or to find the cure for us without a shared, evolving base of new third to one-half of the major breakthroughs AIDS come from all strata of our society. scientific knowledge and new technology. It for the computer and communications indus- Many require financial assistance. All de- could destroy the primary source of tomor- try. Today, these businesses account for $500 serve access to the best education we can row’s products, jobs, and health. billion of U.S. Gross Domestic Product. That provide. Because all of us will depend on Many Americans have long been concerned is a return on the investment of at least 3,000 their leadership and their innovation in the that we were mortgaging our children’s fu- percent. decades ahead. ture with ever-increasing federal budget defi- Another measure of return on the invest- Who are these young people who will lead cits. Rightly so. We must not, however, fore- ment in university research is jobs. A 1989 us into the future? Let me introduce two of close on their future by failing to invest in study by the Bank of Boston found that MIT them from MIT. their education . . . and in the research that graduates and faculty alone had founded First, meet Jennifer Mills. Jennifer is a will be the basis of their progress. over 600 companies in Massachusetts. These physics undergraduate from Portland, Or- We must be wise enough to balance our pri- companies, with annual sales totaling $40 egon. In the summer of her junior year, she orities, with both the present and the future billion, created jobs for over 300,000 people in wrote much of the computer code that was in mind. Such a balance clearly requires our the region. used to produce the remarkable images from research universities to transform with the Similarly, the Chase Manhattan Bank the Hubble Space Telescope that we all saw times. identified 225 companies in the Silicon Val- on television when the Shoemaker/Levy I certainly recognize this. Our unique ley founded by MIT students, alumni, and comet collided with the planet Jupiter. qualities do not exempt us from change. We faculty. These companies recorded revenues And meet James McLurkin, from Baldwin, cannot expect a 1945 policy to be applied un- in excess of $22 billion, accounting for over New York. James graduated last month with changed in 1995. Nor can we expect to be ex- 150,000 jobs. an undergraduate degree in electrical engi- empted from intense budgetary pressures. Similar stories can be told by public and neering and a minor in mechanical engineer- But there are enduring principles that must private universities all across the country. ing. As a senior, he created a tiny robot that be sustained. We must strike the right bal- Remember this return on investment when may well revolutionize certain kids of surance between holding to fundamentals and you hear talk about the cost of research and gery . . . enabling surgeons, for example, to reforming ourselves if we are to continue our education in the national budget debate. operate inside the body without touching the In the budget debate, it is important to re- journey toward that ‘‘endless frontier.’’ patient directly. member a second principle that also has How are we to do this? These are the kinds of young men and First, each member of the education and served us extremely well: federal dollars for women in whom we, through the Federal research partnership must learn how to be university research do double duty. They government, must invest if we are to em- efficient, productive and excellent. Industry support the conduct of research and they brace excellence rather than mediocrity. has learned how to add value, improve qual- educate the next generation. Unfortunately, no organized political con- Here is how it works: Most graduate stu- ity, and become more cost-effective—and is stituency protects the interests of our fu- dents in science and engineering are sup- significantly more competitive as a result. ture. No interest groups fund telephone ported by federal grants and contracts that Government is struggling to do the same. banks and direct mail operations to activate pay their tuition and enable them to attend grass roots voters on behalf of investments Research universities must follow suit. the university. In return for this investment At MIT, we have enlisted private-sector in tomorrow. No political action committee in their future, these students perform much help to reengineer many of our administra- invests in students like Jennifer or James. of the actual research. And let me tell you, tive activities in order to improve our effec- But every citizen will suffer if we are the lights in their laboratories burn late into tiveness and reduce our annual costs by $40 short-sighted in the allocation of resources. the night. They are working to pay for their million. There will be a corresponding reduc- If we do not invest in research and advanced education. tion in our staff. Similar efforts are taking education, we will not win the battles Student involvement in research is not against polluted air and water, crumbling place at universities around the country. We confined to the graduate level. At MIT, for also are exploring exciting ways to use new bridges and highways, infant mortality, Alz- example, nearly 80 percent of our under- heimer’s disease, or hunger in the world, to information technologies, like the World graduates join faculty research teams. Their Wide Web, to improve teaching and learning. name just a few. learning experience and their substantive We all have the responsibility to become And radical revisions in our engineering and contributions to research are simply as- management curricula to meet the needs of trustees and guardians of our future . . . and tounding. the future of our daughters and sons: a new era are well underway. This blending of teaching and research is Increasing effectiveness is one thing we University faculty must continually en- at the heart of America’s research univer- hance the learning process, and we must do can do. Specialization is another. sities. For when you think about it, research I believe that each college and university a better job of explaining to the public what is the ultimate form of teaching and learn- we do, why we do it, and how it relates to should focus on what it does best. There is ing. Fred Terman, a great leader of Stanford not enough money for every institution to do their values and needs. University, and a driver in the creation of Industry leaders need to explain the bene- everything. We need institutional differen- Silicon Valley, was once asked whether he fits to the economy of research and tiation. Each of us—from community col- wanted his university to emphasize teaching development...and their responsibilities leges to research universities—must focus or research. Terman’s reply was: ‘‘I want this to the entire national innovation system. our attention on where we can make the to be a learning university.’’ He captured the Public policy makers need to take the long greatest contribution. Across-the-board re- essence of our institutions. view . . . and they will do that if we, the ductions may be politically palatable, but Now, however, this integration of teaching public, insist that they do. they are likely to produce mediocrity. and research is at risk. Why? Because gov- And, yes, the media have a critical role to We need to make tough judgment calls and ernment agencies are paying less and less of play . . . by discussing the importance of we need to support the most effective pro- the actual costs of the research they spon- these issues and by elevating the national grams. This isn’t easy. But government at sor. In order to make up the difference, uni- debate. all levels, and industry, must make the deci- versities are being forced to tap scarce re- In many ways, it has been the end of the sion to support excellence . . . not to engage sources that are not intended for this pur- Cold War that has brought us to this point America’s research universities in a war of pose. This creates enormous pressures to in- . . . a point of uncertainty and opportunity. attrition. Let’s not do to our research uni- crease tuition—precisely what we do not We now must have the foresight and wis- versities what we’ve done to our K–12 school want to do. dom to turn our intellectual powers to solv- system. In addition, government regulations are ining the problems of a new age. We must have Improving productivity and changing what creasing—in both magnitude and inflexi- the will to sustain our economic security, needs to be changed are only partial answers bility. For example, the latest federal regu- eradicate the scourge of disease, create the to our problem. Even more important is ad- lations have boosted the cost of our under- jobs of tomorrow, lift the shadow of igno- hering to the two basic principles that have graduate research program so dramatically rance, and heal the earth’s environment. guided us to success over the past half-cen- that this innovative educational experience Meeting these challenges will require vi- tury. is in jeopardy. sion, confidence, and the will to excel. And it The first principle is understanding that The linkage between education and re- will require us to continue exploring the research funding is an investment in our fu- search, the idea of research as an investment frontiers of the unknown. For the key to a ture. rather than as a cost—these are vital prin- vibrant future lies more in what we do not A variety of studies put the return on this ciples which we neglect at our peril. know, than in what we do know. We must investment in the range of 25 to 50 percent. There are several other principles as well, sustain excellence in research and advanced A more dramatic assessment is provided by including accountability for results in reeducation. Thank you very much.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10340 CONGRESSIONAL RECORD — SENATE July 20, 1995 CONCLUSION OF MORNING OFFICES OF THE MAJORITY AND MINORITY WHIPS SETTLEMENTS AND AWARDS RESERVE BUSINESS For Offices of the Majority and Minority For expenses for settlements and awards, The PRESIDING OFFICER. Morning Whips, $656,000. $1,000,000, to remain available until expended. business is now closed. CONFERENCE COMMITTEES STATIONERY (REVOLVING FUND) For the Conference of the Majority and the Mr. DOLE addressed the Chair. For stationery for the President of the Senate, Conference of the Minority, at rates of com- The PRESIDING OFFICER. The $4,500, for officers of the Senate and the Con- pensation to be fixed by the Chairman of each Chair recognizes the majority leader. ference of the Majority and Conference of the such committee, $996,000 for each such com- Minority of the Senate, $8,500; in all, $13,000. f mittee; in all, $1,992,000. OFFICIAL MAIL COSTS LEGISLATIVE BRANCH APPRO- OFFICES OF THE SECRETARIES OF THE CON- PRIATIONS FOR FISCAL YEAR FERENCE OF THE MAJORITY AND THE CON- For expenses necessary for official mail costs 1996 FERENCE OF THE MINORITY of the Senate, $11,000,000. For Offices of the Secretaries of the Con- Mr. DOLE. Mr. President, I am ad- RESCISSION ference of the Majority and the Conference of Of the funds previously appropriated under vised that this request has been cleared the Minority, $360,000. by the Democratic leader. the heading ‘‘SENATE’’, $63,544,724.12 are re- POLICY COMMITTEES scinded. I ask unanimous consent that the For salaries of the Majority Policy Committee ADMINISTRATIVE PROVISIONS Senate now turn to the consideration and the Minority Policy Committee, $965,000 for of H.R. 1854, the legislative branch ap- each such committee, in all, $1,930,000. SECTION 1. (a) On and after October 1, 1995, propriations bill. OFFICE OF THE CHAPLAIN no Senator shall receive mileage under section 17 of the Act of July 28, 1866 (2 U.S.C. 43). The PRESIDING OFFICER. The For Office of the Chaplain, $192,000. (b) On and after October 1, 1995, the President clerk will state the bill by title. OFFICE OF THE SECRETARY The assistant legislative clerk read of the Senate shall not receive mileage under the For Office of the Secretary, $12,128,000. as follows: first section of the Act of July 8, 1935 (2 U.S.C. OFFICE OF THE SERGEANT AT ARMS AND 43a). A bill (H.R. 1854) making appropriations DOORKEEPER SEC. 2. (a) There is established in the Treas- for the legislative branch for the fiscal year ury of the United States within the contingent ending September 30, 1996, and for other pur- For Office of the Sergeant at Arms and Door- fund of the Senate a revolving fund, to be poses. keeper, $31,889,000. known as the ‘‘Office of the Chaplain Expense The PRESIDING OFFICER. Is there OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY Revolving Fund’’ (hereafter referred to as the objection to the immediate consider- ‘‘fund’’). The fund shall consist of all moneys For Offices of the Secretary for the Majority collected or received with respect to the Office of ation of the bill? and the Secretary for the Minority, $1,047,000. There being no objection, the Senate the Chaplain of the Senate. proceeded to consider the bill which AGENCY CONTRIBUTIONS AND RELATED EXPENSES (b) The fund shall be available without fiscal had been reported from the Committee For agency contributions for employee bene- year limitation for disbursement by the Sec- fits, as authorized by law, and related expenses, retary of the Senate, not to exceed $10,000 in on Appropriations, with amendments, $15,500,000. as follows: any fiscal year, for the payment of official ex- OFFICE OF THE LEGISLATIVE COUNSEL OF THE penses incurred by the Chaplain of the Senate. (The parts of the bill intended to be SENATE In addition, moneys in the fund may be used to stricken are shown in boldface brack- For salaries and expenses of the Office of the purchase food or food related items. The fund ets, and the parts of the bill intended Legislative Counsel of the Senate, $3,381,000. shall not be available for the payment of sala- to be inserted are shown in italic.) ries. OFFICE OF SENATE LEGAL COUNSEL H.R. 1854 (c) All moneys (including donated moneys) re- For salaries and expenses of the Office of Sen- ceived or collected with respect to the Office of Be it enacted by the Senate and House of Rep- ate Legal Counsel, $936,000. resentatives of the United States of America in the Chaplain of the Senate shall be deposited in EXPENSE ALLOWANCES OF THE SECRETARY OF Congress assembled, That the following sums the fund and shall be available for purposes of THE SENATE, SERGEANT AT ARMS AND DOOR- are appropriated, out of any money in the this section. KEEPER OF THE SENATE, AND SECRETARIES FOR Treasury not otherwise appropriated, for the (d) Disbursements from the fund shall be made THE MAJORITY AND MINORITY OF THE SENATE Legislative Branch for the fiscal year ending on vouchers approved by the Chaplain of the September 30, 1996, and for other purposes, For expense allowances of the Secretary of the Senate. namely: Senate, $3,000; Sergeant at Arms and Door- SEC. 3. Funds appropriated under the head- keeper of the Senate, $3,000; Secretary for the TITLE I—CONGRESSIONAL OPERATIONS ing, ‘‘Settlements and Awards Reserve’’ in Pub- Majority of the Senate, $3,000; Secretary for the SENATE lic Law 103–283 shall remain available until ex- Minority of the Senate, $3,000; in all, $12,000. pended. EXPENSE ALLOWANCES CONTINGENT EXPENSES OF THE SENATE SEC. 4. Section 902 of the Supplemental Appro- For expense allowances of the Vice President, INQUIRIES AND INVESTIGATIONS priations Act, 1983 (2 U.S.C. 88b–6) is amended $10,000; the President Pro Tempore of the Sen- For expenses of inquiries and investigations by striking the second sentence and inserting ate, $10,000; Majority Leader of the Senate, the following: ‘‘The amounts so withheld shall $10,000; Minority Leader of the Senate, $10,000; ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth be deposited in the revolving fund, within the Majority Whip of the Senate, $5,000; Minority contingent fund of the Senate, for the Daniel Whip of the Senate, $5,000; and Chairmen of the Congress, as amended, section 112 of Public Law 96–304 and Senate Resolution 281, agreed to Webster Senate Page Residence, as established Majority and Minority Conference Committees, by section 4 of the Legislative Branch Appro- $3,000 for each Chairman; in all, $56,000. March 11, 1980, $66,395,000. EXPENSES OF THE UNITED STATES SENATE CAUCUS priations Act, 1995 (2 U.S.C. 88b–7).’’. REPRESENTATION ALLOWANCES FOR THE ON INTERNATIONAL NARCOTICS CONTROL SEC. 5. (a) Any payment for local and long MAJORITY AND MINORITY LEADERS For expenses of the United States Senate Cau- distance telecommunications service provided to For representation allowances of the Majority cus on International Narcotics Control, $305,000. any user by the Sergeant at Arms and Door- and Minority Leaders of the Senate, $15,000 for keeper of the Senate shall cover the total SECRETARY OF THE SENATE each such Leader; in all, $30,000. invoiced amount, including any amount relating For expenses of the Office of the Secretary of SALARIES, OFFICERS AND EMPLOYEES to separately identified toll calls, and shall be the Senate, $1,266,000. For compensation of officers, employees, and charged to the appropriation for the fiscal year others as authorized by law, including agency SERGEANT AT ARMS AND DOORKEEPER OF THE in which the underlying base service period cov- contributions, $69,727,000, which shall be paid SENATE ered by the invoice ends. from this appropriation without regard to the For expenses of the Office of the Sergeant at (b) As used in subsection (a), the term ‘‘user’’ below limitations, as follows: Arms and Doorkeeper of the Senate, $61,347,000. means any Senator, Officer of the Senate, Com- OFFICE OF THE VICE PRESIDENT MISCELLANEOUS ITEMS mittee, office, or entity provided telephone equipment and services by the Sergeant at Arms For the Office of the Vice President, For miscellaneous items, $6,644,000. and Doorkeeper of the Senate. $1,513,000. SENATORS’ OFFICIAL PERSONNEL AND OFFICE SEC. 6. Section 4(b) of Public Law 103–283 is EXPENSE ACCOUNT OFFICE OF THE PRESIDENT PRO TEMPORE amended by inserting before ‘‘collected’’ the fol- For the Office of the President Pro Tempore, For Senators’ Official Personnel and Office lowing: ‘‘(including donated moneys)’’. $325,000. Expense Account, $204,029,000. SEC. 7. Section 1 of Public Law 101–520 (2 OFFICES OF THE MAJORITY AND MINORITY OFFICE OF SENATE FAIR EMPLOYMENT U.S.C. 61g–6a) is amended to read as follows: LEADERS PRACTICES ‘‘SECTION 1. (a)(1) The Chairman of the Ma- For Offices of the Majority and Minority For salaries and expenses of the Office of Sen- jority or Minority Policy Committee of the Sen- Leaders, $2,195,000. ate Fair Employment Practices, $778,000. ate may, during any fiscal year, at his or her

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election transfer funds from the appropriation COMMITTEE EMPLOYEES through the Postal Service and mail with account for salaries for the Majority and Minor- STANDING COMMITTEES, SPECIAL AND SELECT postage otherwise paid) for internal delivery ity Policy Committees of the Senate, to the ac- For salaries and expenses of standing com- in the House of Representatives, the Chief count, within the contingent fund of the Senate, mittees, special and select, authorized by Administrative Officer is authorized to col- from which expenses are payable for such com- House resolutions, $78,629,000. lect fees equal to the applicable postage. mittees. Amounts received by the Chief Administra- COMMITTEE ON APPROPRIATIONS ‘‘(2) The Chairman of the Majority or Minor- tive Officer as fees under the preceding sen- ity Policy Committee of the Senate may, during For salaries and expenses of the Com- tence shall be deposited in the Treasury as any fiscal year, at his or her election transfer mittee on Appropriations, $16,945,000, includ- miscellaneous receipts. funds from the appropriation account for ex- ing studies and examinations of executive SEC. 102. Effective with respect to fiscal penses, within the contingent fund of the Sen- agencies and temporary personal services for years beginning with fiscal year 1995, ate, for the Majority and Minority Policy Com- such committee, to be expended in accord- amounts received by the Chief Administra- mittees of the Senate, to the account from which ance with section 202(b) of the Legislative tive Officer of the House of Representatives salaries are payable for such committees. Reorganization Act of 1946 and to be avail- from the Administrator of General Services ‘‘(b)(1) The Chairman of the Majority or Mi- able for reimbursement to agencies for serv- for rebates under the Government Travel nority Conference Committee of the Senate may, ices performed. Charge Card Program shall be deposited in during any fiscal year, at his or her election SALARIES, OFFICERS AND EMPLOYEES the Treasury as miscellaneous receipts. transfer funds from the appropriation account For compensation and expenses of officers SEC. 103. The provisions of section 223(b) of for salaries for the Majority and Minority Con- and employees, as authorized by law, House Resolution 6, One Hundred Fourth ference Committees of the Senate, to the ac- $83,733,000, including: for salaries and ex- Congress, agreed to January 5 (legislative count, within the contingent fund of the Senate, penses of the Office of the Clerk, including day, January 4), 1995, establishing the Speak- from which expenses are payable for such com- not to exceed $1,000 for official representa- er’s Office for Legislative Floor Activities; mittees. tion and reception expenses, $13,807,000; for House Resolution 7, One Hundred Fourth ‘‘(2) The Chairman of the Majority or Minor- salaries and expenses of the Office of the Ser- Congress, agreed to January 5 (legislative ity Conference Committee of the Senate may, geant at Arms, including the position of Su- day, January 4), 1995, providing for the des- during any fiscal year, at his or her election perintendent of Garages, and including not ignation of certain minority employees; transfer funds from the appropriation account to exceed $750 for official representation and House Resolution 9, One Hundred Fourth for expenses, within the contingent fund of the reception expenses, $3,410,000; for salaries Congress, agreed to January 5 (legislative Senate, for the Majority and Minority Con- and expenses of the Office of the Chief Ad- day, January 4), 1995, providing amounts for ference Committees of the Senate, to the account ministrative Officer, $53,556,000, including the Republican Steering Committee and the from which salaries are payable for such com- salaries, expenses and temporary personal Democratic Policy Committee; House Reso- mittees. services of House Information Systems, lution 10, One Hundred Fourth Congress, ‘‘(c) Any funds transferred under this section $27,500,000, of which $16,000,000 is provided agreed to January 5 (legislative day, Janu- shall be— herein: Provided, That House Information ary 4), 1995, providing for the transfer of two ‘‘(1) available for expenditure by such com- employee positions; and House Resolution mittee in like manner and for the same purposes Systems is authorized to receive reimbursement from Members of the House of Rep- 113, One Hundred Fourth Congress, agreed to as are other moneys which are available for ex- March 10, 1995, providing for the transfer of penditure by such committee from the account resentatives and other governmental entities for services provided and such reimburse- certain employee positions shall each be the to which the funds were transferred; and permanent law with respect thereto. ‘‘(2) made at such time or times as the Chair- ment shall be deposited in the Treasury for credit to this account; for salaries and ex- SEC. 104. (a) The five statutory positions man shall specify in writing to the Senate Dis- specified in subsection (b), subsection (c), bursing Office. penses of the Office of the Inspector General, $3,954,000; for salaries and expenses of the Of- and subsection (d) are transferred from the ‘‘(d) The Chairman of a committee transfer- House Republican Conference to the Repub- ring funds under this section shall notify the fice of Compliance, $858,000; Office of the Chaplain, $126,000; for salaries and expenses lican Steering Committee. Committee on Appropriations of the Senate of (b) The first two of the five positions re- of the Office of the Parliamentarian, includ- the transfer.’’. ferred to in subsection (a) are— (b) The amendment made by this section shall ing the Parliamentarian and $2,000 for pre- (1) the position established for the chief take effect on October 1, 1995, and shall be effec- paring the Digest of Rules, $1,180,000; for sal- deputy majority whip by subsection (a) of tive with respect to fiscal years beginning on or aries and expenses of the Office of the Law the first section of House Resolution 393, after that date. Revision Counsel of the House, $1,700,000; for Ninety-fifth Congress, agreed to March 31, salaries and expenses of the Office of the HOUSE OF REPRESENTATIVES 1977, as enacted into permanent law by sec- Legislative Counsel of the House, $4,524,000; SALARIES AND EXPENSES tion 115 of the Legislative Branch Appropria- and other authorized employees, $618,000. For salaries and expenses of the House of tion Act, 1978 (2 U.S.C. 74a–3); and Representatives, $671,561,000, as follows: ALLOWANCES AND EXPENSES (2) the position established for the chief HOUSE LEADERSHIP OFFICES For allowances and expenses as authorized deputy majority whip by section 102(a)(4) of by House resolution or law, $120,480,000, in- For salaries and expenses, as authorized by the Legislative Branch Appropriations Act, law, $11,271,000, including: Office of the cluding: supplies, materials, administrative 1990; Speaker, $1,478,000, including $25,000 for offi- costs and Federal tort claims, $1,213,000; offi- both of which positions were transferred to cial expenses of the Speaker; Office of the cial mail for committees, leadership offices, the majority leader by House Resolution 10, Majority Floor Leader, $1,470,000, including and administrative offices of the House, One Hundred Fourth Congress, agreed to $10,000 for official expenses of the Majority $1,000,000; reemployed annuitants reimburse- January 5 (legislative day, January 4), 1995, Leader; Office of the Minority Floor Leader, ments, $68,000; Government contributions to as enacted into permanent law by section 103 $1,480,000, including $10,000 for official ex- employees’ life insurance fund, retirement of this Act, and both of which positions were penses of the Minority Leader; Office of the funds, Social Security fund, Medicare fund, further transferred to the House Republican Majority Whip, including the Chief Deputy health benefits fund, and worker’s and unem- Conference by House Resolution 113, One Majority Whip, $928,000, including $5,000 for ployment compensation, $117,541,000; and Hundred Fourth Congress, agreed to March official expenses of the Majority Whip; Office miscellaneous items including purchase, ex- 10, 1995, as enacted into permanent law by of the Minority Whip, including the Chief change, maintenance, repair and operation of section 103 of this Act. Deputy Minority Whip, $918,000, including House motor vehicles, interparliamentary (c) The second two of the five positions re- $5,000 for official expenses of the Minority receptions, and gratuities to heirs of deferred to in subsection (a) are the two posi- Whip; Speaker’s Office for Legislative Floor ceased employees of the House, $658,000. tions established by section 103(a)(2) of the Activities, $376,000; Republican Steering CHILD CARE CENTER Legislative Branch Appropriations Act, 1986. (d) The fifth of the five positions referred Committee, $664,000; Republican Conference, For salaries and expenses of the House of to in subsection (a) is the position for the $1,083,000; Democratic Steering and Policy Representatives Child Care Center, such House Republican Conference established by Committee, $1,181,000; Democratic Caucus, amounts as are deposited in the account es- House Resolution 625, Eighty-ninth Con- $566,000; and nine minority employees, tablished by section 312(d)(1) of the Legisla- gress, agreed to October 22, 1965, as enacted $1,127,000. tive Branch Appropriations Act, 1992 (40 into permanent law by section 103 of the MEMBERS’ REPRESENTATIONAL ALLOWANCES U.S.C. 184g(d)(1)), subject to the level speci- Legislative Branch Appropriation Act, 1967. fied in the budget of the Center, as sub- INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL (e) The transfers under this section shall mitted to the Committee on Appropriations EXPENSES OF MEMBERS, AND OFFICIAL MAIL take effect on the date of the enactment of of the House of Representatives. For Members’ representational allowances, this Act. including Members’ clerk hire, official ex- ADMINISTRATIVE PROVISIONS SEC. 105. (a) Notwithstanding any other penses, and official mail, $360,503,000: Pro- SEC. 101. Effective with respect to fiscal provision of law, or any rule, regulation, or vided, That no such funds shall be used for years beginning with fiscal year 1995, in the other authority, travel for studies and ex- the purposes of sending unsolicited mass case of mail from outside sources presented aminations under section 202(b) of the Legis- mailings within 90 days before an election in to the Chief Administrative Officer of the lative Reorganization Act of 1946 (2 U.S.C. which the Member is a candidate. House of Representatives (other than mail 72a(b)) shall be governed by applicable laws

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10342 CONGRESSIONAL RECORD — SENATE July 20, 1995 or regulations of the House of Representa- rated from employment, may be paid a lump For the purpose of carrying out the func- tives or as promulgated from time to time by sum for the accrued annual leave of the em- tions of the Joint Committee on Printing for the Chairman of the Committee on Appro- ployee. The lump sum— the remainder of the One Hundred Fourth priations of the House of Representatives. (1) shall be paid in an amount not more Congress only, the rules and structure of the (b) Subsection (a) shall take effect on the than the lesser of— committee will apply.¿ date of the enactment of this Act and shall (A) the amount of the monthly pay of the For salaries and expenses of the Joint Com- apply to travel performed on or after that employee, as determined by the Chief Ad- mittee on Printing, $1,164,000, to be disbursed by date. ministrative Officer of the House of Rep- the Secretary of the Senate. SEC. 106. (a) Notwithstanding the para- resentatives; or JOINT COMMITTEE ON TAXATION graph under the heading ‘‘GENERAL PROVI- (B) the amount equal to the monthly pay For salaries and expenses of the Joint SION’’ in chapter XI of the Third Supple- of the employee, as determined by the Chief ø ¿ mental Appropriation Act, 1957 (2 U.S.C. Committee on Taxation, $6,019,000 Administrative Officer of the House of Rep- $5,116,000, to be disbursed by the Clerk of the 102a) or any other provision of law, effective resentatives, divided by 30, and multiplied by on the date of the enactment of this section, House. the number of days of the accrued annual For other joint items, as follows: unexpended balances in accounts described leave of the employee; in subsection (b) are withdrawn, with unpaid (2) shall be paid— OFFICE OF THE ATTENDING PHYSICIAN obligations to be liquidated in the manner (A) for clerk hire employees, from the For medical supplies, equipment, and con- provided in the second sentence of that para- clerk hire allowance of the Member; tingent expenses of the emergency rooms, graph. (B) for committee employees, from and for the Attending Physician and his as- (b) The accounts referred to in subsection amounts appropriated for committees; and sistants, including (1) an allowance of $1,500 (a) are the House of Representatives legisla- (C) for other employees, from amounts ap- per month to the Attending Physician; (2) an tive service organization revolving accounts propriated to the employing authority; and allowance of $500 per month each to two under section 311 of the Legislative Branch (3) shall be based on the rate of pay in ef- medical officers while on duty in the Attend- Appropriations Act, 1994 (2 U.S.C. 96a). fect with respect to the employee on the last ing Physician’s office; (3) an allowance of SEC. 107. (a) Each fund and account speci- day of employment of the employee. $500 per month to one assistant and $400 per fied in subsection (b) shall be available only (b) The Committee on House Oversight month each to not to exceed nine assistants to the extent provided in appropriation Acts. shall have authority to prescribe regulations on the basis heretofore provided for such as- (b) The funds and accounts referred to in to carry out this section. sistance; and (4) $852,000 for reimbursement subsection (a) are— (c) As used in this section, the term ‘‘em- to the Department of the Navy for expenses (1) the revolving fund for the House Barber ployee of the House of Representatives’’ incurred for staff and equipment assigned to Shops, established by the paragraph under means an employee whose pay is disbursed the Office of the Attending Physician, which the heading ‘‘HOUSE BARBER SHOPS REVOLV- by the Clerk of the House of Representatives shall be advanced and credited to the appli- ING FUND’’ in the matter relating to the or the Chief Administrative Officer of the cable appropriation or appropriations from House of Representatives in chapter III of House of Representatives, as applicable, ex- which such salaries, allowances, and other title I of the Supplemental Appropriations cept that such term does not include a uni- expenses are payable and shall be available Act, 1975 (Public Law 93–554; 88 Stat. 1776); formed or civilian support employee under for all the purposes thereof, $1,260,000, to be (2) the revolving fund for the House Beauty the Capitol Police Board. disbursed by the Clerk of the House. Shop, established by the matter under the (d) Payments under this section may be CAPITOL POLICE BOARD heading ‘‘HOUSE BEAUTY SHOP’’ in the matter made with respect to separations from em- CAPITOL POLICE relating to administrative provisions for the ployment taking place after June 30, 1995. House of Representatives in the Legislative SEC. 110. (a)(1) Effective on the date of the SALARIES Branch Appropriation Act, 1970 (Public Law enactment of this Act, the allowances for of- For the Capitol Police Board for salaries, 91–145; 83 Stat. 347); fice personnel and equipment for certain including overtime, hazardous duty pay dif- (3) the special deposit account established Members of the House of Representatives, as ferential, clothing allowance of not more for the House of Representatives Restaurant adjusted through the day before the date of than $600 each for members required to wear by section 208 of the First Supplemental the enactment of this Act, are further ad- civilian attire, and Government contribu- Civil Functions Appropriation Act, 1941 (40 justed as specified in paragraph (2). tions to employees’ benefits funds, as au- U.S.C. 174k note); and (2) The further adjustments referred to in thorized by law, of officers, members, and (4) the revolving fund established for the paragraph (1) are as follows: employees of the Capitol Police, ø$70,132,000¿ House Recording Studio by section 105(g) of (A) The allowance for the majority leader $69,825,000, of which ø$34,213,000¿ $33,906,000 is the Legislative Branch Appropriation Act, is increased by $167,532. provided to the Sergeant at Arms of the 1957 (2 U.S.C. 123b(g)). (B) The allowance for the majority whip is House of Representatives, to be disbursed by (c) This section shall take effect on Octo- decreased by $167,532. the Clerk of the House, and $35,919,000 is pro- ber 1, 1995, and shall apply with respect to (b)(1) Effective on the date of the enact- vided to the Sergeant at Arms and Door- fiscal years beginning on or after that date. ment of this Act, the House of Representa- keeper of the Senate, to be disbursed by the SEC. 107A. For fiscal year 1996, subject to tives allowances referred to in paragraph (2), Secretary of the Senate: Provided, That, of the direction of the Committee on House as adjusted through the day before the date the amounts appropriated under this head- Oversight of the House of Representatives, of of the enactment of this Act, are further ad- ing, such amounts as may be necessary may the total amount deposited in the account justed, or are established, as the case may be transferred between the Sergeant at Arms referred to in section 107(b)(3) of this Act be, as specified in paragraph (2). of the House of Representatives and the Ser- from vending operations of the House of Rep- (2) The further adjustments and the estab- geant at Arms and Doorkeeper of the Senate, resentatives Restaurant System, the cost of lishment referred to in paragraph (1) are as upon approval of the Committee on Appro- goods sold shall be available to pay the cost follows: priations of the House of Representatives of inventory for such operations. (A) The allowance for the Republican Con- and the Committee on Appropriations of the SEC. 108. The House Employees Position ference is increased by $134,491. Senate. Classification Act (2 U.S.C. 291, et seq.) is (B) The allowance for the Republican GENERAL EXPENSES amended— Steering Committee is established at $66,995. For the Capitol Police Board for necessary (1) in section 3(1), by striking out ‘‘Door- (C) The allowance for the Democratic expenses of the Capitol Police, including keeper, and the Postmaster,’’ and inserting Steering and Policy Committee is increased motor vehicles, communications and other in lieu thereof ‘‘Chief Administrative Officer, by $201,430. equipment, uniforms, weapons, supplies, ma- and the Inspector General’’; (D) The allowance for the Democratic Cau- terials, training, medical services, forensic (2) in the first sentence of section 4(b), by cus is increased by $56. striking out ‘‘Doorkeeper, and the Post- services, stenographic services, the employee master,’’ and inserting in lieu thereof ‘‘Chief JOINT ITEMS assistance program, not more than $2,000 for Administrative Officer, and the Inspector For Joint Committees, as follows: the awards program, postage, telephone serv- General’’; JOINT ECONOMIC COMMITTEE ice, travel advances, relocation of instructor (3) in section 5(b)(1), by striking out ‘‘Door- For salaries and expenses of the Joint Eco- and liaison personnel for the Federal Law keeper, and the Postmaster’’ and inserting in nomic Committee, $3,000,000, to be disbursed Enforcement Training Center, and $85 per lieu thereof ‘‘Chief Administrative Officer, by the Secretary of the Senate. month for extra services performed for the and the Inspector General’’; and Capitol Police Board by an employee of the JOINT COMMITTEE ON PRINTING (4) in the first sentence of section 5(c), by Sergeant at Arms of the Senate or the House striking out ‘‘Doorkeeper, and the Post- ø(TRANSFER OF FUNDS) of Representatives designated by the Chair- master,’’ and inserting in lieu thereof ‘‘Chief øFor duties formerly carried out by the man of the Board, ø$2,560,000¿ $2,190,000, to be Administrative Officer, and the Inspector Joint Committee on Printing, $750,000, to be disbursed by the Clerk of the House of Rep- General’’. divided into equal amounts and transferred resentatives: Provided, That, notwith- SEC. 109. (a) Upon the approval of the ap- to the Committee on House Oversight of the standing any other provision of law, the cost propriate employing authority, an employee House of Representatives and the Committee of basic training for the Capitol Police at the of the House of Representatives who is sepa- on Rules and Administration of the Senate. Federal Law Enforcement Training Center

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10343 for fiscal year 1996 shall be paid by the Sec- Law 103–283 shall remain available until Sep- ARCHITECT OF THE CAPITOL retary of the Treasury from funds available tember 30, 1996: Provided, That none of the OFFICE OF THE ARCHITECT OF THE CAPITOL to the Department of the Treasury. funds made available in this Act shall be avail- SALARIES ADMINISTRATIVE PROVISION able for salaries or expenses of any employee of the Office of Technology Assessment in excess of For the Architect of the Capitol, the As- SEC. 111. Amounts appropriated for fiscal 17 employees except for severance pay purposes. sistant Architect of the Capitol, and other year 1996 for the Capitol Police Board under personal services, at rates of pay provided by ADMINISTRATIVE PROVISIONS the heading ‘‘CAPITOL POLICE’’ may be trans- law, ø$8,569,000¿ $8,876,000. ferred between the headings ‘‘SALARIES’’ and SEC. 113. Upon enactment of this Act all em- TRAVEL ‘‘GENERAL EXPENSES’’, upon approval of the ployees of the Office of Technology Assessment Committees on Appropriations of the Senate for 183 days preceding termination of employ- Appropriations under the control of the and the House of Representatives. ment who are terminated as a result of the elimi- Architect of the Capitol shall be available for expenses of travel on official business not CAPITOL GUIDE SERVICE AND SPECIAL nation of the Office and who are not otherwise to exceed in the aggregate under all funds SERVICES OFFICE gainfully employed may continue to be paid by the sum of $20,000. For salaries and expenses of the Capitol the Office of Technology Assessment at their re- CONTINGENT EXPENSES Guide Service and Special Services Office, spective salaries for a period not to exceed 60 $1,991,000, to be disbursed by the Secretary of calendar days following the employee’s date of To enable the Architect of the Capitol to the Senate: Provided, That none of these termination or until the employee becomes oth- make surveys and studies, and to meet un- funds shall be used to employ more than erwise gainfully employed whichever is earlier. foreseen expenses in connection with activi- forty individuals: Provided further, That the A statement in writing to the Director of the Of- ties under his care, $100,000. fice of Technology Assessment or his designee by Capitol Guide Board is authorized, during CAPITOL BUILDINGS AND GROUNDS any such employee that he was not gainfully emergencies, to employ not more than two CAPITOL BUILDINGS additional individuals for not more than one employed during such period or the portion For all necessary expenses for the mainte- hundred twenty days each, and not more thereof for which payment is claimed shall be nance, care and operation of the Capitol and than ten additional individuals for not more accepted as prima facie evidence that he was electrical substations of the Senate and than six months each, for the Capitol Guide not so employed. House office buildings, under the jurisdiction Service. SEC. 114. Notwithstanding the provisions of the Federal Property and Administrative Serv- of the Architect of the Capitol, including fur- ADMINISTRATIVE PROVISION ices Act of 1949, as amended, or any other provi- nishings and office equipment; including not SEC. 112. (a) Section 441 of the Legislative Re- sion of law, upon the abolition of the Office of to exceed $1,000 for official reception and rep- organization Act of 1970 (40 U.S.C. 851) is Technology Assessment, all records and prop- resentation expenses, to be expended as the amended by adding at the end the following erty of that agency (including Unix system, all Architect of the Capitol may approve; pur- new subsection: computer hardware and software, all library chase or exchange, maintenance and oper- ‘‘(k) In addition to any other function under collections and research materials, and all ation of a passenger motor vehicle; and at- this section, the Capitol Guide Service shall pro- photocopying equipment), with the exception of tendance, when specifically authorized by vide special services to Members of Congress, realty and furniture, are hereby transferred to the Architect of the Capitol, at meetings or and to officers, employees, and guests of Con- the jurisdiction and control of the Library of conventions in connection with subjects re- gress.’’. Congress, Congressional Research Service, to be lated to work under the Architect of the (b) Section 310 of the Legislative Branch Ap- used and employed in connection with its func- Capitol, ø$22,832,000¿ $23,132,000, of which propriations Act, 1990 (2 U.S.C. 130e) is re- tions. ø$3,000,000¿ $2,950,000 shall remain available pealed. until expended: Provided, That hereafter ex- CONGRESSIONAL BUDGET OFFICE (c) The amendment made by subsection (a) penses, based on full cost recovery, for flying and the repeal made by subsection (b) shall take SALARIES AND EXPENSES American flags and providing certification serv- effect on October 1, 1995. For salaries and expenses necessary to ices therefor shall be advanced or reimbursed STATEMENTS OF APPROPRIATIONS carry out the provisions of the Congressional upon request of the Architect of the Capitol, For the preparation, under the direction of Budget Act of 1974 (Public Law 93–344), in- and amounts so received shall be deposited into the Committees on Appropriations of the cluding not to exceed $2,500 to be expended the Treasury to the credit of this appropriation. Senate and the House of Representatives, of on the certification of the Director of the CAPITOL GROUNDS Congressional Budget Office in connection the statements for the first session of the For all necessary expenses for care and im- with official representation and reception One Hundred Fourth Congress, showing ap- provement of grounds surrounding the Cap- expenses, ø$23,188,000¿ $25,788,000: Provided, propriations made, indefinite appropriations, itol, the Senate and House office buildings, That none of these funds shall be available and contracts authorized, together with a and the Capitol Power Plant, $5,143,000, of for the purchase or hire of a passenger motor chronological history of the regular appro- which $25,000 shall remain available until ex- vehicle: Provided further, That none of the priations bills as required by law, $30,000, to pended. be paid to the persons designated by the funds in this Act shall be available for sala- SENATE OFFICE BUILDINGS chairmen of such committees to supervise ries or expenses of any employee of the Con- the work. gressional Budget Office in excess of ø219¿ 244 For all necessary expenses for maintenance, care and operation of Senate Office Buildings; øADMINISTRATIVE PROVISION full-time equivalent positions: Provided further, That any sale or lease of property, sup- and furniture and furnishings to be expended øSEC. 112. (a) Section 441 of the Legislative plies, or services to the Congressional Budg- under the control and supervision of the Archi- Reorganization Act of 1970 (40 U.S.C. 851) is et Office shall be deemed to be a sale or lease tect of the Capitol, $41,757,000, of which amended by adding at the end the following of such property, supplies, or services to the $4,850,000 shall remain available until expended. new subsection: Congress subject to section 903 of Public Law HOUSE OFFICE BUILDINGS ø‘‘(k) In addition to any other function 98–63: Provided further, That the Director of under this section, the Capitol Guide Service For all necessary expenses for the mainte- the Congressional Budget Office shall have shall provide special services to Members of nance, care and operation of the House office the authority, within the limits of available Congress, and to officers, employees, and buildings, $33,001,000, of which $5,261,000 shall appropriations, to dispose of surplus or obso- guests of Congress.’’. remain available until expended. lete personal property by inter-agency trans- ø(b) Section 310 of the Legislative Branch CAPITOL POWER PLANT fer, donation, or discarding. Appropriations Act, 1990 (2 U.S.C. 130e) is re- øIn addition, for salaries and expenses of For all necessary expenses for the mainte- pealed. the Congressional Budget Office necessary to nance, care and operation of the Capitol ø(c) The amendment made by subsection carry out the provisions of title I of the Un- Power Plant; lighting, heating, power (in- (a) and the repeal made by subsection (b) funded Mandates Reform Act of 1995 (Public cluding the purchase of electrical energy) shall take effect on October 1, 1995.¿ Law 104–4), as authorized by section 109 of and water and sewer services for the Capitol, OFFICE OF COMPLIANCE such Act, $1,100,000.¿ Senate and House office buildings, Library of For salaries and expenses of the Office of Congress buildings, and the grounds about ADMINISTRATIVE PROVISION Compliance, as authorized by section 305 of the same, Botanic Garden, Senate garage, ø ¿ Public Law 104–1, the Congressional Account- SEC. 113 115. Section 8402(c) of title 5, and air conditioning refrigeration not sup- ability Act of 1995 (2 U.S.C. 1385), $2,500,000. United States Code, is amended— plied from plants in any of such buildings; (1) by redesignating paragraph (7) as para- heating the Government Printing Office and OFFICE OF TECHNOLOGY ASSESSMENT graph (8); and Washington City Post Office, and heating SALARIES AND EXPENSES (2) by inserting after paragraph (6) the fol- and chilled water for air conditioning for the For salaries and expenses necessary to carry lowing: Supreme Court Building, Union Station com- out the orderly closure of the Office of Tech- ‘‘(7) The Director of the Congressional plex, Thurgood Marshall Federal Judiciary nology Assessment, $3,615,000, of which $150,000 Budget Office may exclude from the oper- Building and the Folger Shakespeare Li- shall remain available until September 30, 1997. ation of this chapter an employee under the brary, expenses for which shall be advanced Upon enactment of this Act, $2,500,000 of the Congressional Budget Office whose employ- or reimbursed upon request of the Architect funds appropriated under this heading in Public ment is temporary or intermittent.’’. of the Capitol and amounts so received shall

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10344 CONGRESSIONAL RECORD — SENATE July 20, 1995 be deposited into the Treasury to the credit ‘‘$6,000,000’’ each place it appears and insert- toration of the Thomas Jefferson and John of this appropriation, ø$32,578,000¿ $31,518,000: ing in lieu thereof ‘‘$10,000,000’’. Adams Library buildings. (b) Section 307E(a)(1) of the Legislative Provided, That not to exceed $4,000,000 of the ADMINISTRATIVE PROVISIONS funds credited or to be reimbursed to this ap- Branch Appropriations Act, 1989 (40 U.S.C. propriation as herein provided shall be avail- 216c(a)(1)) is amended by striking out SEC. 202. Appropriations in this Act available for obligation during fiscal year 1996. ‘‘plans’’ and inserting in lieu thereof able to the Library of Congress shall be ‘‘plants’’. available, in an amount not to exceed LIBRARY OF CONGRESS $194,290, of which $58,100 is for the Congres- LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE sional Research Service, when specifically SALARIES AND EXPENSES SALARIES AND EXPENSES authorized by the Librarian, for attendance For necessary expenses to carry out the For necessary expenses of the Library of at meetings concerned with the function or provisions of section 203 of the Legislative Congress, not otherwise provided for, includ- activity for which the appropriation is made. Reorganization Act of 1946 (2 U.S.C. 166) and ing development and maintenance of the SEC. 203. (a) No part of the funds appro- to revise and extend the Annotated Constitu- Union Catalogs; custody and custodial care priated in this Act shall be used by the Li- tion of the United States of America, of the Library buildings; special clothing; brary of Congress to administer any flexible ø$75,083,000¿ $60,084,000: Provided, That no cleaning, laundering and repair of uniforms; or compressed work schedule which— part of this appropriation may be used to preservation of motion pictures in the cus- (1) applies to any manager or supervisor pay any salary or expense in connection with tody of the Library; preparation and dis- in a position the grade or level of which is any publication, or preparation of material tribution of catalog cards and other publica- equal to or higher than GS–15; and therefor (except the Digest of Public General tions of the Library; hire or purchase of one (2) grants such manager or supervisor the Bills), to be issued by the Library of Con- passenger motor vehicle; and expenses of the right to not be at work for all or a portion gress unless such publication has obtained Library of Congress Trust Fund Board not of a workday because of time worked by the prior approval of either the Committee on properly chargeable to the income of any manager or supervisor on another workday. House Oversight of the House of Representa- trust fund held by the Board, ø$195,076,000 (b) For purposes of this section, the term tives or the Committee on Rules and Admin- (less $1,165,000)¿ $213,164,000, of which not ‘‘manager or supervisor’’ means any manage- istration of the Senate: Provided further, more than $7,869,000 shall be derived from ment official or supervisor, as such terms are That, notwithstanding any other provision collections credited to this appropriation defined in section 7103(a) (10) and (11) of title of law, the compensation of the Director of during fiscal year 1996 under the Act of June 5, United States Code. the Congressional Research Service, Library 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. SEC. 204. Appropriated funds received by of Congress, shall be at an annual rate which 150): Provided, That the total amount avail- the Library of Congress from other Federal is equal to the annual rate of basic pay for able for obligation shall be reduced by the agencies to cover general and administrative positions at level IV of the Executive Sched- amount by which collections are less than overhead costs generated by performing re- ule under section 5315 of title 5, United the $7,869,000: Provided further, That of the imbursable work for other agencies under States Code. total amount appropriated, $8,458,000 is to re- the authority of 31 U.S.C. 1535 and 1536 shall main available until expended for acquisi- GOVERNMENT PRINTING OFFICE not be used to employ more than 65 employ- tion of books, periodicals, and newspapers, ees and may be expended or obligated— CONGRESSIONAL PRINTING AND BINDING and all other materials including subscrip- (1) in the case of a reimbursement, only For authorized printing and binding for the tions for bibliographic services for the Li- to such extent or in such amounts as are pro- Congress and the distribution of Congres- brary, including $40,000 to be available solely vided in appropriations Acts; or sional information in any format; printing for the purchase, when specifically approved (2) in the case of an advance payment, and binding for the Architect of the Capitol; by the Librarian, of special and unique mate- only— expenses necessary for preparing the semi- rials for additions to the collections. (A) to pay for such general or adminis- monthly and session index to the Congres- COPYRIGHT OFFICE trative overhead costs as are attributable to sional Record, as authorized by law (44 SALARIES AND EXPENSES the work performed for such agency; or U.S.C. 902); printing and binding of Govern- For necessary expenses of the Copyright (B) to such extent or in such amounts as ment publications authorized by law to be are provided in appropriations Acts, with re- distributed to Members of Congress; and Office, including publication of the decisions of the United States courts involving copy- spect to any purpose not allowable under printing, binding, and distribution of Gov- subparagraph (A). ernment publications authorized by law to rights, $30,818,000, of which not more than SEC. 205. Not to exceed $5,000 of any funds be distributed without charge to the recipi- $16,840,000 shall be derived from collections appropriated to the Library of Congress may ent, ø$88,281,000¿ $85,500,000: Provided, That credited to this appropriation during fiscal be expended, on the certification of the Li- this appropriation shall not be available for year 1996 under 17 U.S.C. 708(c), and not more brarian of Congress, in connection with offi- paper copies of the permanent edition of the than $2,990,000 shall be derived from collec- cial representation and reception expenses Congressional Record for individual øSen- tions during fiscal year 1996 under 17 U.S.C. for the Library of Congress incentive awards ators,¿ Representatives, Resident Commis- 111(d)(2), 119(b)(2), 802(h), and 1005: Provided, program. sioners or Delegates authorized under 44 That the total amount available for obliga- SEC. 206. Not to exceed $12,000 of funds ap- U.S.C. 906: Provided further, That this appro- tion shall be reduced by the amount by propriated to the Library of Congress may be priation shall be available for the payment which collections are less than $19,830,000: expended, on the certification of the Librar- of obligations incurred under the appropria- Provided further, That up to $100,000 of the ian of Congress or his designee, in connections for similar purposes for preceding fis- amount appropriated is available for the tion with official representation and recep- cal years. maintenance of an ‘‘International Copyright This title may be cited as the ‘‘Congres- Institute’’ in the Copyright Office of the Li- tion expenses for the Overseas Field Offices. sional Operations Appropriations Act, 1996’’. brary of Congress for the purpose of training SEC. 207. Under the heading ‘‘Library of nationals of developing countries in intellec- Congress’’ obligational authority shall be TITLE II—OTHER AGENCIES tual property laws and policies: Provided fur- available, in an amount not to exceed BOTANIC GARDEN ther, That not to exceed $2,250 may be ex- ø$86,912,000¿ $99,412,000 for reimbursable and SALARIES AND EXPENSES pended on the certification of the Librarian revolving fund activities, and ø$5,667,000¿ For all necessary expenses for the mainte- of Congress or his designee, in connection $7,295,000 for non-expenditure transfer activi- nance, care and operation of the Botanic with official representation and reception ties in support of parliamentary develop- Garden and the nurseries, buildings, grounds, expenses for activities of the International ment during the current fiscal year. and collections; and purchase and exchange, Copyright Institute. SEC. 208. Notwithstanding this or any other maintenance, repair, and operation of a pas- BOOKS FOR THE BLIND AND PHYSICALLY Act, obligational authority under the head- senger motor vehicle; all under the direction HANDICAPPED ing ‘‘Library of Congress’’ for activities funded by the Agency for International Devel- of the Joint Committee on the Library, SALARIES AND EXPENSES $3,053,000. opment in support of parliamentary develop- For salaries and expenses to carry out the ment is prohibited, except for Russia, øCONSERVATORY RENOVATION provisions of the Act of March 3, 1931 (chap- Ukraine, Albania, Slovakia, øand Romania,¿ ø For renovation of the Conservatory of the ter 400; 46 Stat. 1487; 2 U.S.C. 135a), Romania, and Egypt for other than incidental Botanic Garden, $7,000,000, to be available to $44,951,000, of which $11,694,000 shall remain purposes. the Architect of the Capitol without fiscal available until expended. øSEC. 209. (a) Section 206 of the Legislative year limitation: Provided, That the total FURNITURE AND FURNISHINGS Branch Appropriations Act, 1994 (2 U.S.C. amount appropriated for such renovation for For necessary expenses for the purchase 132a–1) is amended by striking out ‘‘Effec- this fiscal year and later fiscal years may and repair of furniture, furnishings, office tive’’ and all that follows through ‘‘pro- not exceed $21,000,000.¿ and library equipment, $4,882,000, of which vided’’, and inserting in lieu thereof ‘‘Obliga- ADMINISTRATIVE PROVISIONS $943,000 shall be available until expended tions for reimbursable activities and revolv- SEC. 201. (a) Section 201 of the Legislative only for the purchase and supply of fur- ing fund activities performed by the Library Branch Appropriations Act, 1993 (40 U.S.C. niture, shelving, furnishings, and related of Congress and obligations exceeding 216c note) is amended by striking out costs necessary for the renovation and res- $100,000 for a fiscal year for any single gift

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fund activity or trust fund activity per- øADMINISTRATIVE PROVISION motor vehicle; advance payments in foreign formed by the Library of Congress are lim- øSEC. 210. The last paragraph of section countries in accordance with 31 U.S.C. 3324; ited to the amounts provided for such pur- 1903 of title 44, United States Code, is amend- benefits comparable to those payable under poses’’. ed by striking out the last sentence and in- sections 901(5), 901(6) and 901(8) of the For- ø(b) The amendment made by subsection serting in lieu thereof the following: ‘‘The eign Service Act of 1980 (22 U.S.C. 4081(5), (a) shall take effect on October 1, 1996, and cost of production and distribution for publi- 4081(6) and 4081(8)); and under regulations shall apply with respect to fiscal years be- cations distributed to depository libraries— prescribed by the Comptroller General of the ginning on or after that date.¿ ø‘‘(1) in paper or microfiche formats, United States, rental of living quarters in SEC. 209. The Library of Congress may for whether or not such publications are requi- foreign countries and travel benefits com- such employees as it deems appropriate author- sitioned from or through the Government parable with those which are now or hereafter may be granted single employees of the ize a payment to employees who voluntarily re- Printing Office, shall be borne by the compo- Agency for International Development, in- tire during fiscal 1996 which payment shall be nents of the Government responsible for cluding single Foreign Service personnel as- paid in accordance with the provisions of sec- their issuance; and signed to AID projects, by the Administrator tion 5597(d) of title 5, United States Code. ø‘‘(2) in other than paper or microfiche for- of the Agency for International Develop- SEC. 210. (a) PURPOSE.—The purpose of this mats— ment—or his designee—under the authority section is to reduce the cost of information sup- ø ‘‘(A) if such publications are requisitioned of section 636(b) of the Foreign Assistance port for the Congress by eliminating duplication from or through the Government Printing Act of 1961 (22 U.S.C. 2396(b)); ø$392,864,000¿ among systems which provide electronic access Office, shall be charged to appropriations $374,406,000: Provided, That not more than by Congress to legislative information. provided to the Superintendent of Docu- $400,000 of reimbursements received incident (b) DEFINITIONS.—For the purpose of this sec- ments for that purpose; and¿ to the operation of the General Accounting tion, the term ‘‘legislative information’’ means ø‘‘(B) if such publications are obtained Office Building shall be available for use in information about legislation prepared by, or on elsewhere than from the Government Print- fiscal year 1996: Provided further, That not- behalf of, the entire Congress, or by the commit- ing Office, shall be borne by the components withstanding 31 U.S.C. 9105 hereafter tees, subcommittees, or offices of the Congress, of the Government responsible for their amounts reimbursed to the Comptroller Gen- to include, but not limited to, the text of bills issuance.’’.¿ eral pursuant to that section shall be depos- and amendments to bills; the Congressional GOVERNMENT PRINTING OFFICE REVOLVING ited to the appropriation of the General Ac- Record; legislative activity recorded for the FUND counting Office then available and remain Record and/or the current Senate or House bill The Government Printing Office is hereby available until expended, and not more than status systems; committee hearings, reports, and authorized to make such expenditures, with- $8,000,000 of such funds shall be available for prints. in the limits of funds available and in accord use in fiscal year 1996 and, in addition, the fol- (c) Consistent with the provisions of any other with the law, and to make such contracts lowing sums are appropriated, to be available law, the Library of Congress shall develop and and commitments without regard to fiscal for the fiscal year beginning October 1, 1996 and maintain, in coordination with other appro- ending September 30, 1997, for the necessary ex- year limitations as provided by section 104 of priate Legislative Branch entities, a single legis- penses of the General Accounting Office, in ac- the Government Corporation Control Act as lative information retrieval system to serve the cordance with the authority, and on such terms may be necessary in carrying out the pro- entire Congress. and conditions, as provided for in fiscal year grams and purposes set forth in the budget (d) The Library shall develop a plan for cre- 1996, including $7,000 for official representation for the current fiscal year for the Govern- ation of this system, taking into consideration and reception expenses, $338,425,400: Provided ment Printing Office revolving fund: Pro- the findings and recommendations of the study further, That not more than $100,000 of reim- vided, That not to exceed $2,500 may be ex- directed by House Report No. 103–517 to identify bursements received incident to the operation of pended on the certification of the Public and eliminate redundancies in congressional in- the General Accounting Office Building shall be Printer in connection with official represen- formation systems. This plan must be approved available for use in 1997: Provided further, That tation and reception expenses: Provided fur- by the Senate Rules and Administration Com- notwithstanding 31 U.S.C. 9105 hereafter ther, That the revolving fund shall be avail- mittee and the House Oversight Committee. The amounts reimbursed to the Comptroller General able for the hire or purchase of passenger Library shall provide these committees, as well pursuant to that section shall be deposited to motor vehicles, not to exceed a fleet of as the Senate and House Appropriations Com- the appropriation of the General Accounting Of- twelve: Provided further, That expenditures mittees, with regular status reports on the im- fice then available and remain available until in connection with travel expenses of the ad- plementation of the plan. expended, and not more than $6,000,000 of such visory councils to the Public Printer shall be (e) In formulating its plan, the Library shall funds shall be available in fiscal year 1997: Pro- deemed necessary to carry out the provisions examine issues regarding efficient ways to make vided further, That this appropriation and ap- of title 44, United States Code: Provided fur- this information available to the public. This propriations for administrative expenses of ther, That the revolving fund shall be avail- any other department or agency which is a analysis shall be submitted to the Senate and able for services as authorized by 5 U.S.C. member of the Joint Financial Management House Appropriations Committees as well as the 3109 but at rates for individuals not to exceed Improvement Program (JFMIP) shall be Senate Rules and Administration Committee and the per diem rate equivalent to the rate for available to finance an appropriate share of the House Oversight Committee for their consid- level V of the Executive Schedule (5 U.S.C. JFMIP costs as determined by the JFMIP, eration and possible action. 5316): Provided further, That the revolving including the salary of the Executive Direc- ARCHITECT OF THE CAPITOL fund and the funds provided under the head- tor and secretarial support: Provided further, LIBRARY BUILDINGS AND GROUNDS ings ‘‘OFFICE OF SUPERINTENDENT OF DOCU- That this appropriation and appropriations STRUCTURAL AND MECHANICAL CARE MENTS’’ and ‘‘SALARIES AND EXPENSES’’ to- for administrative expenses of any other de- gether may not be available for the full-time partment or agency which is a member of For all necessary expenses for the mechan- equivalent employment of more than ø3,550 the National Intergovernmental Audit ical and structural maintenance, care and workyears¿ 3,900 workyears by the end of fiscal Forum or a Regional Intergovernmental operation of the Library buildings and year 1996: Provided further, That activities fi- Audit Forum shall be available to finance an grounds, $12,428,000, of which $3,710,000 shall nanced through the revolving fund may pro- appropriate share of Forum costs as deter- remain available until expended. vide information in any format: Provided fur- mined by the Forum, including necessary GOVERNMENT PRINTING OFFICE ther, That the revolving fund shall not be travel expenses of non-Federal participants. OFFICE OF SUPERINTENDENT OF DOCUMENTS used to administer any flexible or com- Payments hereunder to either the Forum or the JFMIP may be credited as reimburse- SALARIES AND EXPENSES pressed work schedule which applies to any manager or supervisor in a position the ments to any appropriation from which costs For expenses of the Office of Super- grade or level of which is equal to or higher involved are initially financed: Provided fur- intendent of Documents necessary to provide than GS–15: Provided further, That expenses ther, That to the extent that funds are other- for the cataloging and indexing of Govern- for attendance at meetings shall not exceed wise available for obligation, agreements or ment publications and their distribution to $75,000. contracts for the removal of asbestos, and the public, Members of Congress, other Gov- GENERAL ACCOUNTING OFFICE renovation of the building and building sys- ernment agencies, and designated depository tems (including the heating, ventilation and and international exchange libraries as au- SALARIES AND EXPENSES air conditioning system, electrical system thorized by law, ø$16,312,000¿ $30,307,000: Pro- For necessary expenses of the General Ac- and other major building systems) of the vided, That travel expenses, including travel counting Office, including not to exceed General Accounting Office Building may be expenses of the Depository Library Council $7,000 to be expended on the certification of made for periods not exceeding five years: to the Public Printer, shall not exceed the Comptroller General of the United States Provided further, That this appropriation and $130,000: Provided further, That funds, not to in connection with official representation appropriations for administrative expenses exceed $2,000,000, from current year appro- and reception expenses; services as author- of any other department or agency which is priations are authorized for producing and ized by 5 U.S.C. 3109 but at rates for individ- a member of the American Consortium on disseminating Congressional Serial Sets and uals not to exceed the per diem rate equiva- International Public Administration other related Congressional/non-Congres- lent to the rate for level IV of the Executive (ACIPA) shall be available to finance an ap- sional publications for 1994 and 1995 to depos- Sched- propriate share of ACIPA costs as deter- itory and other designated libraries. ule (5 U.S.C. 5315); hire of one passenger mined by the ACIPA, including any expenses

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10346 CONGRESSIONAL RECORD — SENATE July 20, 1995 attributable to membership of ACIPA in the obligation beyond the current fiscal year un- ø(A) the unexpended balance of appropria- International Institute of Administrative less expressly so provided herein. tions for security installations, as referred Sciences. SEC. 303. Whenever any office or position to in the paragraph under the heading ‘‘CAP- øADMINISTRATIVE PROVISION¿ not specifically established by the Legisla- ITOL BUILDINGS’’, under the general headings tive Pay Act of 1929 is appropriated for here- ADMINISTRATIVE PROVISIONS ‘‘JOINT ITEMS’’, ‘‘ARCHITECT OF THE in or whenever the rate of compensation or CAPITOL’’, and ‘‘CAPITOL BUILDINGS AND øSEC. 211. (a) Effective June 30, 1996, the designation of any position appropriated for GROUNDS’’ in title I of the Legislative Branch functions of the Comptroller General identi- herein is different from that specifically es- Appropriations Act, 1995 (108 Stat. 1434), in- fied in subsection (b) are transferred to the tablished for such position by such Act, the cluding any unexpended balance from a prior Director of the Office of Management and rate of compensation and the designation of fiscal year and any unexpended balance Budget, contingent upon the additional the position, or either, appropriated for or under such headings in this Act; and¿ transfer to the Office of Management and provided herein, shall be the permanent law ø(B) the unexpended balance of the appro- Budget of such personnel, budget authority, with respect thereto: Provided, That the propriation for an improved security plan, as records, and property of the General Ac- visions herein for the various items of offi- transferred to the Architect of the Capitol counting Office relating to such functions as cial expenses of Members, officers, and com- by section 102 of the Legislative Branch Ap- the Comptroller General and the Director mittees of the Senate and House of Rep- propriations Act, 1989 (102 Stat. 2165). jointly determine to be necessary. The Direc- resentatives, and clerk hire for Senators and ø(b) Effective October 1, 1995, the responsi- tor may delegate any such function, in whole Members of the House of Representatives bility for design and installation of security or in part, to any other agency or agencies if shall be the permanent law with respect systems for the Capitol buildings and the Director determines that such delegation thereto. grounds is transferred from the Architect of would be cost-effective or otherwise in the SEC. 304. The expenditure of any appropria- the Capitol to the Capitol Police Board. Such public interest, and may transfer to such tion under this Act for any consulting serv- design and installation shall be carried out agency or agencies any personnel, budget au- ice through procurement contract, pursuant under the direction of the Committee on thority, records, and property received by to 5 U.S.C. 3109, shall be limited to those House Oversight of the House of Representa- the Director pursuant to the preceding sen- contracts where such expenditures are a tives and the Committee on Rules and Ad- tence that relate to the delegated functions. matter of public record and available for ministration of the Senate, and without re- Personnel transferred pursuant to this provi- public inspection, except where otherwise gard to section 3709 of the Revised Statutes sion shall not be separated or reduced in provided under existing law, or under exist- of the United States (41 U.S.C. 5). On and classification or compensation for one year ing Executive order issued pursuant to exist- after October 1, 1995, any alteration to a after any such transfer, except for cause. ing law. structural, mechanical, or architectural fea- ø SEC. 305. (a) It is the sense of the Congress (b) The following provisions of the United ture of the Capitol buildings and grounds that, to the greatest extent practicable, all States Code contain the functions to be that is required for a security system under equipment and products purchased with transferred pursuant to subsection (a): sec- the preceding sentence may be carried out funds made available in this Act should be tions 5564 and 5583 of title 5; sections 2312, only with the approval of the Architect of 2575, 2733, 2734, 2771, 4712, and 9712 of title 10; American-made. (b) In providing financial assistance to, or the Capitol. sections 1626 and 4195 of title 22; section 420 ø(c)(1) Effective October 1, 1995, all posi- entering into any contract with, any entity of title 24; sections 2414 and 2517 of title 28; tions specified in paragraph (2) and each in- sections 1304, 3702, 3726, and 3728 of title 31; using funds made available in this Act, the head of each Federal agency, to the greatest dividual holding any such position (on a per- sections 714 and 715 of title 32; section 554 of manent basis) immediately before that date, title 37; section 5122 of title 38; and section extent practicable, shall provide to such entity a notice describing the statement made as identified by the Architect of the Capitol, 256a of title 41.¿ ¿ in subsection (a) by the Congress. shall be transferred to the Capitol Police. SEC. 211. (a) Section 732 of title 31, United ø(2) The positions referred to in paragraph SEC. 306. (a) Upon approval of the Com- States Code, is amended by adding a new sub- (1) are those positions which, immediately section (h) as follows: mittee on Appropriations of the House of Representatives, and in accordance with con- before October 1, 1995, are— ‘‘(h) Notwithstanding the provisions of sub- ø ditions determined by the Committee on (A) under the Architect of the Capitol; chapter I of chapter 35 of title 5, United States ø(B) within the Electronics Engineering Code, the Comptroller General shall prescribe House Oversight, positions in connection with House parking activities and related Division of the Office of the Architect of the regulations for the release of officers and em- Capitol; and ployees of the General Accounting Office in a funding shall be transferred from the appropriation ‘‘Architect of the Capitol, Capitol ø(C) related to the design or installation of reduction in force which give due effect to ten- security systems for the Capitol buildings ure of employment, military preference, perform- buildings and grounds, House office buildings’’ to the appropriation ‘‘House of Rep- and grounds. ance and/or contributions to the agency’s goals ø(3) All annual leave and sick leave stand- and objectives, and length of service. The regu- resentatives, salaries, officers and employees, Office of the Sergeant at Arms’’: Pro- ing to the credit of an individual imme- lations shall, to the extent deemed feasible by diately before such individual is transferred the Comptroller General, be designed to mini- vided, That the position of Superintendent of Garages shall be subject to authorization in under paragraph (1) shall be credited to such mize disruption to the Office and to assist in annual appropriation Acts. individual, without adjustment, in the new promoting the efficiency of the Office.’’. (b) For purposes of section 8339(m) of title position of the individual.¿ SEC. 212. Section 753 of title 31, United States 5, United States Code, the days of unused SEC. ø309¿ 308. (a) Section 230(a) of the Con- Code, is amended— sick leave to the credit of any such employee gressional Accountability Act of 1995 (2 (1) by redesignating subsections (b), (c), and as of the date such employee is transferred U.S.C. 1371(a)) is amended by striking out (d) as (c), (d), and (e), respectively. ‘‘Administrative Conference of the United (2) by inserting after subsection (a) a new sub- under subsection (a) shall be included in the total service of such employee in connection States’’ and inserting in lieu thereof section (b) as follows: ‘‘Board’’. ‘‘(b) The Board has no authority to issue a with the computation of any annuity under subsections (a) through (e) and (o) of such (b) Section 230(d)(1) of the Congressional stay of any reduction in force action.’’; and Accountability Act of 1995 (2 U.S.C. (3) in the second sentence of subsection (c), as section. (c) In the case of days of annual leave to 1371(d)(1)) is amended— redesignated, by striking ‘‘(c)’’ and inserting the credit of any such employee as of the (1) by striking out ‘‘Administrative Con- ‘‘(d)’’. date such employee is transferred under sub- ference of the United States’’ and inserting SEC. 213. The General Accounting Office may section (a) the Architect of the Capitol is au- in lieu thereof ‘‘Board’’; and for such officers and employees as it deems ap- (2) by striking out ‘‘and shall submit the propriate authorize a payment to officers and thorized to make a lump sum payment to each such employee for that annual leave. study and recommendations to the Board’’. employees who voluntarily separate on or before SEC. ø310¿ 309. Section 122(d) of the Mili- September 30, 1995, whether by retirement or res- No such payment shall be considered a payment or compensation within the meaning of tary Construction Appropriations Act, 1994 ignation, which payment shall be paid in ac- (Public Law 103–110; 2 U.S.C. 141 note) is cordance with the provisions of section 5597(d) any law relating to dual compensation. SEC. 307. None of the funds made available amended by adding at the end the following of title 5, United States Code. in this Act may be used for the relocation of new sentence: ‘‘The Provost Marshal (U.S. TITLE III—GENERAL PROVISIONS the office of any Member of the House of Army Military Police), Fort George G. SEC. 301. No part of the funds appropriated Representatives within the House office Meade, is authorized to police the real prop- in this Act shall be used for the maintenance buildings. erty, including improvements thereon, trans- or care of private vehicles, except for emer- øSEC. 308. (a)(1) Effective October 1, 1995, ferred under subsection (a), and to make ar- gency assistance and cleaning as may be pro- the unexpended balances of appropriations rests on the said real property and within vided under regulations relating to parking specified in paragraph (2) are transferred to any improvements situated thereon for any facilities for the House of Representatives the appropriation for general expenses of the violation of any law of the United States, issued by the Committee on House Oversight Capitol Police, to be used for design and in- the District of Columbia, or any State, or of and for the Senate issued by the Committee stallation of security systems for the Capitol any regulation promulgated pursuant thereon Rules and Administration. buildings and grounds. to, and such authority shall be construed as SEC. 302. No part of any appropriation con- ø(2) The unexpended balances referred to in authorizing the Provost Marshal, with the tained in this Act shall remain available for paragraph (1) are— consent or upon the request of the Librarian

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10347 of Congress or his assistants, to enter any specified in paragraph (2), the Architect of tainly an indication that we are on tar- improvements situated on the said real prop- the Capitol shall retain full authority for get. We had these bills scheduled for erty that are under the jurisdiction of the completing, under plans approved by the Ar- tomorrow. We will do them today. Library of Congress to make arrests or to pa- chitect, the National Garden authorized by trol such structures.’’. section 307E of the Legislative Branch Ap- Maybe we can do something else to- øSEC. 311. (a)(1) Effective as prescribed by propriations Act, 1989 (40 U.S.C. 216c), includ- morrow. I wish the managers success, paragraph (2), the administrative jurisdic- ing the renovation of the Conservatory of and I hope we can do it quickly. tion over the property described in sub- the Botanic Garden under section 209(b) of Mr. MACK addressed the Chair. section (b), known as the Botanic Garden, is Public Law 102–229 (40 U.S.C. 216c note). In transferred, without reimbursement, to the carrying out the preceding sentence, the Ar- The PRESIDING OFFICER. The Secretary of Agriculture. After such trans- chitect— Chair recognizes the Senator from fer, the Botanic Garden shall continue as a ø(A) shall have full responsibility for de- Florida [Mr. MACK]. scientific display garden to inform and edu- sign, construction management and super- cate visitors and the public as to the value of vision, and acceptance of gifts; Mr. MACK. Mr. President, I am plants to the well-being of humankind and ø(B) shall inform the Secretary of Agri- pleased to present the fiscal year 1996 the natural environment. culture from time to time of the progress of legislative branch appropriations bill, ø (2) The transfer referred to in paragraph the work involved; and H.R. 1854, to the Senate. Simply put, (1) shall take effect— ø(C) shall notify the Secretary of Agri- ø with this bill the Congress leads the (A) on October 1, 1996, with respect to the culture when, as determined by the Archi- property described in subsection (b)(1)(A); way in fulfilling our commitment to tect, the National Garden, including the ren- reduce the size, scope, and cost of the and ovation of the Conservatory of the Botanic ø Federal Government. (B) on the later of October 31, 1996, or the Garden, is complete. date of the conveyance described in sub- ø(2) The laws referred to in paragraph (1) But, of equal importance to keeping section (b)(1)(B), with respect to the property are section 2 of the Act entitled ‘‘An Act pro- our promise to the American people in described in that subsection. viding for a comprehensive development of reducing the size and cost of Congress ø(b)(1) The property referred to in sub- the park and playground system of the Na- section (a)(1) is the property consisting of— tional Capital.’’, approved June 6, 1924 (40 is making these reductions in a ø(A) Square 576 in the District of Columbia U.S.C. 71a), and the first section of the Act thoughtful and responsible manner. (bounded by Maryland Avenue on the north, entitled ‘‘An Act establishing a Commission The bill we present today does not First Street on the east, Independence Ave- of Fine Arts.’’, approved May 17, 1910 (40 compromise the legislative and over- nue on the south, and Third Street on the U.S.C. 104). sight responsibilities of Congress. west) and Square 578 in the District of Co- ø(f)(1) Except as provided in paragraph (2), lumbia (bounded by Independence Avenue on effective October 1, 1996, the unexpended bal- Mr. President, I would like to take a the north, First Street on the east, and ances of appropriations for the Botanic Gar- moment to describe the approach the Washington Avenue on the southwest), other den are transferred to the Secretary of Agri- committee took in arriving at these than the property included in the Capitol culture. funding levels. This past January, I Grounds by paragraph (20) of the first section ø(2) Any unexpended balances of appropria- sent a letter to each of the Senate offi- of Public Law 96–432 (40 U.S.C. 193a note); tions for completion of the National Garden, cers and legislative branch support ø(B) the site known as the Botanic Garden including the Conservatory of the Botanic Nursery at D.C. Village, consisting of 25 Garden, under subsection (e) shall remain agencies asking them to undergo a se- acres located at 4701 Shepherd Parkway, under the Architect of the Capitol. rious programmatic review of each of S.W., Washington, D.C. (formerly part of a ø(g) After the transfer under this section— their activities and services they pro- tract of land known as Parcel 253/26), which ø(1) under such terms and conditions as the vide to Congress. site is to be conveyed by the District of Co- Secretary of Agriculture may impose, including a requirement for payment of fees In doing so, they were asked to take lumbia to the Architect of the Capitol pursu- a long and hard look at their core mis- ant to Public Law 98–340 (40 U.S.C. 215 note); for the benefit of the Botanic Garden, the ø(C) all buildings, structures, and other im- National Garden and the Conservatory of the sions and statutory responsibilities. provements located on the property de- Botanic Garden shall be available for recep- They were asked to explore ways of scribed in subparagraphs (A) and (B), respec- tions sponsored by Members of Congress; and using technologies to make their oper- tively; and ø(2) the Secretary of Agriculture, through ations more efficient and productive. ø(D) all equipment and other personal the Botanic Garden, shall continue, with re- They were asked to explore opportuni- property that, immediately before the trans- imbursement, to propagate and provide such ties for consolidation and restructuring fer under this section, is located on the prop- plant materials as the Architect may require for the United States Capitol Grounds, and of their functions and services. Fol- erty described in subparagraphs (A) and (B), lowing their top to bottom review, the respectively, and is under the control of the such indoor plant materials and cut flowers Architect of the Capitol, acting under the di- as are authorized by policies of the House of results were incorporated into new rection of the Joint Committee on the Li- Representatives and the Senate.¿ budget justifications which were pre- ø ¿ brary. SEC. 312 310. Any amount appropriated in sented in hearings before the sub- ø(c) Not later than the date of the convey- this Act for ‘‘HOUSE OF REPRESENTA- committee. ance to the Architect of the Capitol of the TIVES—Salaries and Expenses—Members’ property described in subsection (b)(1)(B), Representational Allowances’’ shall be avail- I am deeply appreciative to each of the Architect of the Capitol and the Sec- able only for fiscal year 1996. Any amount re- the Senate officers and agency heads. I retary of Agriculture shall enter into an maining after all payments are made under want to thank in particular the former agreement to permit the retention by the such allowances for such fiscal year shall be Secretary of the Senate, Ms. Sheila Architect of the Capitol of a portion of that deposited in the Treasury, to be used for def- Burke and her successor, Mr. Kelly property for legislative branch storage and icit reduction. SEC. 311. Section 316 of Public Law 101–302 is Johnston, and the Senate Sergeant at support facilities and expansion of such fa- Arms, Howard O. Greene, for their co- cilities, and facilities to be developed for use amended in the first sentence of subsection (a) by the Capitol Police. by striking ‘‘1995’’ and inserting ‘‘1996’’. operation. These offices met, and even ø(d)(1) Effective October 1, 1996, all em- This Act may be cited as the ‘‘Legislative exceeded their goals of reducing their ployee positions specified in paragraph (2) Branch Appropriations Act, 1996’’. budgets by 12.5 percent. Without their and each individual holding any such posi- Mr. DOLE. Mr. President, I now ask commitment and the dedication of tion (on a permanent basis) immediately be- unanimous consent that the committee their respective staffs the committee fore the transfer, as identified by the Archi- amendments be considered, en bloc, would not have been able to produce tect of the Capitol, shall be transferred to agreed to, en bloc, and considered the Department of Agriculture. the legislation that the Senate con- ø(2) The employee positions referred to in original text for the purpose of further siders today. paragraph (1) are those positions which, im- amendment, and that no points of order be waived. Mr. President, as any member of the mediately before October 1, 1996, are under committee will tell you, these deci- the Architect of the Capitol and are pri- The PRESIDING OFFICER. Without marily related to the functions of the Bo- objection, it is so ordered. sions were not easy. But, we have, in tanic Garden. So the committee amendments were great measure, accomplished what we ø(3) All annual leave and sick leave stand- agreed to. set out to do, respond to the clear and ing to the credit of an individual imme- Mr. DOLE. Mr. President, let me in- unmistakable message sent by the diately before such individual is transferred dicate that we are happy to have the American people last November— under paragraph (1) shall be credited to such managers here this morning on the change the way we do business here in individual, without adjustment, in the new position of the individual. first appropriations bill. We hope to Washington, reduce spending, and ø(e)(1) Notwithstanding the transfer under dispose of six appropriations bills be- bring runaway spending in control and this section, and without regard to the laws fore the August recess. This is cer- balance the Federal budget.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10348 CONGRESSIONAL RECORD — SENATE July 20, 1995 I would like to summarize the high- mandated by the Unfunded Mandate Library Program; the program which lights of the bill: Reform Act. assures the American people ready and The total funding for the legislative The GAO is reduced 15 percent from dependable access to government infor- branch appropriation is $2,190,380,000, a fiscal year 1995 levels and we have in- mation. reduction of just over $200 million or cluded an advance appropriation for While the committee would have pre- 8.45 percent below the fiscal year 1995 fiscal year 1997 which will result in a ferred to make more substantial level. two year reduction of 25 percent. changes to the structure and funding of For the funding of the operations of The Office of Technology Assessment the Architect of the Capitol and the the Senate the committee’s rec- is eliminated in the bill. The com- Government Printing Office, we clearly ommendation is $426.9 million a $33.7 mittee has included termination costs need more information before making million reduction. In addition, the in fiscal year 1996 which total $3.6 mil- these decision. Finally, I want to committee rescinds $63.5 million of un- lion. thank our ranking member, Senator obligated funds from previous years. Mr. President, each Member of the MURRAY, as well as the other members Within the Senate accounts the fund- Senate should know that this bill com- of the subcommittee, for their hard ing for committees reflects a 15-per- plies with the specifics of the Senate work and cooperation in crafting this cent reduction. As I have already men- budget resolution which provides a dra- measure. Additionally, this year’s bill tioned, the funding for the offices of matic and necessary outline for bal- builds upon the years of hard work and the Secretary of the Senate and Ser- ancing the Federal budget by the year dedication of Senator REID, our former geant at Arms are reduced by 12.5 per- 2002. The budget resolution specifies chairman. Senator REID extended a cent. the reductions to the General Account- great deal of time and cooperation to Again, I want to reiterate or make ing Office and the elimination of the me as ranking member, and I thank the point that these reductions are Office of Technology Assessment. him for that. from this year’s level. This is not some In regards to the two year 25 percent Mr. President, I would yield the floor reduction from some arbitrary, inflated reduction in the funding for the Gen- to our ranking member and floor man- baseline. These are reductions from eral Accounting Office, I want to thank ager, Senator MURRAY, for any state- this year’s expenditures. Senator ROTH, chairman of the Govern- ment she would wish to make. Mr. President, in last years bill the ment Affairs Committee, and his staff Mrs. MURRAY. Thank you, Mr. Senate passed into law a ban on unso- for their cooperation in identifying and President. Mr. President, I rise in support of the licited mass mailing which has re- recommending needed changes at GAO. H.R. 1854, the fiscal year 1996 Legisla- sulted in tens of millions of dollars in With their assistance, I am confident tive branch appropriation bill. I note savings to the taxpayer. Again, this that the GAO will be able to perform that this is not the first year in which year the committee freezes official its core statutory mission. the committee has made the effort to mail cost at $11 million. Also, I want to thank the Comp- constrain the spending of the legisla- The statutory allowances for Sen- troller General, Charles Bowsher, for tive branch. As Senator MACK stated ator’s offices are not reduced. The rec- his help. He will tell you that the fund- last year in his opening floor remarks ommended funding for Members’ office ing levels will be difficult and will on the fiscal year 1995 legislative salaries and expenses should be suffi- force structural changes, but he is branch appropriation bill, ‘‘This is the cient to cover fiscal year 1996 expendi- committed to making the General Ac- fourth year in a row now that we have tures. counting Office the model for the rest held funding at or below the previous Mr. President, S. 2, the Congressional of the Federal Government in produc- year’s levels in real dollars.’’ Mr. Presi- Accountability Act, which was passed tivity and efficiency as we continue to dent, that means that this is the fifth into law early this year, mandates that restructure and downsize the Federal year in a row that the Senate Appro- Congress comply with the very same Government. priations Committee has reported a employment and labor laws that pri- Mr. President, I expect an amend- bill in which we have held funding at or vate businesses must comply with. ment to be offered that restores fund- below the previous year’s levels—in And, just like businesses all around the ing for the Office of Technology Assess- fact, this year the committee-reported country, there is a cost to compliance. ment. I know that there are Members bill is over $200 million below the level This bill includes $2.5 million appro- who feel strongly about this issue and enacted for fiscal year 1995. priation for the establishment of the we will debate the merits should it be The chairman has provided in his renew Office of Compliance. This is a new offered. I must point out to the Mem- marks a detailed explanation of all of joint item with the House. Each Mem- bers of the Senate that the Senate the recommendations contained in the ber should be aware that the costs as- budget resolution specifies the elimi- committee-reported bill. Without re- sociated with the Congressional Ac- nation of OTA, and quite frankly, the peating those details, I would simply countability Act will require future in- services and information that OTA pro- direct all members to a summary table creases in expenditures. The com- vides can be obtained from a great va- on pages 65 and 66 of the committee re- mittee has included report language riety of sources that do not require a port for the two titles of the bill. For that directs the offices of the Senate to $21 million dollars expenditure. title I, congressional operations, the make regular reports to the committee Mr. President, while this bill accom- committee recommends a total of a lit- regarding issues of compliance and as- plishes our stated goal of reducing Con- tle over $1.5 billion. That is a reduction sociated costs. gressional spending by $200 million, of $126 million below the fiscal year As to the major support agencies of much more needs to be done in the 1995 appropriated level and $275 million Congress: the Library of Congress has coming year. While the office of the below the total budget estimates for level funding compared to fiscal year Architect of the Capitol is reduced by fiscal year 1996 for congressional oper- 1995, with the exception of $3 million 10 percent in title I of this bill, the ations. Title II of the bill, as shown on increase for the National Digital Li- Congress will undertake a much more page 66 of the report, provides funding brary Program. I want to commend the thorough review of its structure and for other agencies for which the com- Librarian of Congress, Dr. James organization by way of a Joint House- mittee recommends a total of $686 mil- Billington, for his efforts in strength- Senate Leadership Taskforce. The lion. In total, as is depicted in the sum- ening the Library and the services it taskforce will, with the assistance of mary table, the bill as reported by the provides to the Nation. The digital li- the Architect of the Capitol, identify full committee provides $2.1 billion, a brary effort is one of several forward services and operations that could be reduction of just over $200 million thinking programs initiated by the Li- more cost efficiently performed by out- below the fiscal year 1995 enacted bill brary of Congress which will insure the side contractors. and a reduction of $427 million below Library’s position as one of our leading The committee report also directs the budget estimates for fiscal year institutions. the Government Printing Office to ini- 1996. We have included a $2.6 million in- tiate a study to analyze the structure There are a number of differences be- crease for the Congressional Budget Of- and services of the Superintendent of tween the House-passed bill and the fice so that it may perform studies Documents and the Federal Depository committee’s recommendations, several

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10349 of which I would now like to address. have recommended reductions in keep- of unethical behavior. In point of fact, First, for the Architect of the Capitol, ing with our overall efforts to reduce the Congress has gone even further, as the House bill did not fund the oper- Federal spending. I say, by adopting legislation that I ations of the Flag Office. The Senate Mr. BYRD. Mr. President, are there sponsored to increase the salaries of Appropriations Committee chose, in- committee amendments? Members of Congress, but also to pro- stead, to continue that office but with The PRESIDING OFFICER. The hibit the acceptance of honoraria, pro- the cost of this operation fully covered Chair advises the Senator from West hibit it entirely. That was my amend- by the prices charged to the public for Virginia that they have been adopted ment. en bloc. the flags themselves. Many members of the press, however, For certain security functions of the Mr. BYRD. The bill, as amended, is have adopted the position that, as pri- Architect of the Capitol, the House bill open to amendment? vate citizens, they should not be sub- recommended the transfer of staff from The PRESIDING OFFICER. That is ject to this type of scrutiny. Though the Architect of the Capitol to the Cap- correct. itol Police. The Senate committee-re- Mr. BYRD. Mr. President, I shall they are not elected officials, neverthe- ported bill disagrees with that rec- offer an amendment. less, in reality they do retain a great ommendation and has left that secu- Mr. President on previous occasions, deal of influence, massive influence rity function within the Office of the I have come to the Senate floor to within the political process. It is sin- Architect. speak on the matter of honoraria and gularly the media’s decision as to The committee-reported bill does not outside income earned by the media. which topics of information are note- agree with the House recommendation While no overall disclosure policy ex- worthy and, as such, which topics that the Botanic Garden be transferred ists within the communications indus- should be reported on. As purveyors of to the Department of Agriculture. In try, there does seem to be more scru- the news, the press have enormous addition, the House provided $7 million tiny being paid to the practice of the power, enormous power to persuade— for the renovation of the Conservatory press in accepting speaking fees. far greater, in fact, than does any sin- and capped the total project at $21 mil- It is an issue of increasing concern to gle politician, or group of politicians. lion. The Senate committee-reported me, and one that I believe deserves Edmund Burke recognized this when bill has deleted all funding for that closer attention. I suspect that most he referred to the fourth estate as hav- purpose. journalists would agree that they have ing more power than any of the other Finally, Mr. President, for the Office a unique and often unequaled influence estates. of Technology Assessment (OTA), the on the American public. There is no House-passed bill included a floor match—none—no match for the lever- It is this very power, unchecked and amendment which provided for the con- age the media have over the public dis- freewheeling, that journalists can no tinuation of the functions of the OTA semination of information. In order to longer ignore and brush aside. There is within the Congressional Research stay attuned with current events, we as much need for the press to be made Service at a level of $15 million. H.R. all must rely on the press’ interpreta- accountable to the public as there is 1854, as reported by the Senate Appro- tion of each day’s occurrences. for elected officials to be made ac- priations Committee, includes a total Some members of the press take the countable to the public. To resist pub- of just over $6 million for the OTA. position that, as private citizens, they lic disclosure—that is all I am asking, This amount will allow for the orderly have no obligation—none—to disclose just disclose outside earned income—to completion and distribution of approxi- information to the public regarding the resist public disclosure as a matter of mately 30 reports which the OTA is acceptance of outside income. Al- principle is unwise. Principle, however, currently undertaking and a maximum though I can appreciate that line of is on the other side of the issue. of 17 employees is provided for closing thinking, it represents a defensive posi- We all know that nothing gives a the Office. In addition, from within the tion that has little basis in reality. greater feeling of credibility than the amount appropriated for fiscal year From my point of view, the members of willingness to show that there is noth- 1996, $150,000 is recommended to remain the media need to adopt a position re- ing to hide. Lay it out. I have urged available until September 30, 1997, to garding such income, a position that the members of the press to recognize provide for unemployment claims that reflects some common sense. Of course, their extraordinary position in our sys- may arise. in a perfect world, all of us who affect tem of Government, and to face the in- I would note, however, that during public policy, either through the elec- herent responsibility that comes with the committee markup of the bill, an tive process or through the interpreta- that position. I believe it is time for amendment offered by the distin- tion of that process, want to be the communications industry as a guished Senator from South Carolina, thought of as being above reproach. We whole to take the bull by the horns and Senator HOLLINGS, which I supported, all want our work to be seen as bene- develop its own standards. That is would have provided $15 million for the fiting the common good and, as a re- what I would like to see happen; the OTA—the cost of which was offset by a sult, we do not expect our motives to communications industry should de- 1.08-percent reduction of the salaries be challenged. Unfortunately, human velop its own standards with respect to and expenses of certain of the congres- nature has to be factored into the disclosure of outside earned income. sional support agencies. That amend- equation. There is no doubt that the Journalists should forgo the narrow de- ment was defeated by a rollcall vote of American people have a negative opin- fense of their individual freedoms and 11–13. ion of elected officials and a negative face up to the broader obligation of opinion of the press. Some of that atti- I believe that the OTA provides a val- trust which they bear in our political tude is well founded. Let us be honest, uable service for the Congress on a bi- process. partisan basis and I will have more to there are members of both of these pro- say during this debate about the OTA fessions who have behaved unethically I am offering an amendment, Mr. in support of an amendment which I in the past and thus have tainted all of President, and it is a sense-of-the-Sen- anticipate may be offered to overturn us. There is no avoiding this fact, and ate amendment—today—regarding the the committee’s recommendation. to pretend otherwise is not only unre- disclosure of outside income earned by In conclusion, I again compliment alistic but it is also disingenuous. accredited members of the Senate press the very able chairman of the sub- In response to the public’s criticism, corps. I am not talking about salaries. committee, Senator MACK. I have Members of Congress adopted disclo- This does not infringe on anybody’s learned a lot during my first year as sure rules that prohibit their accept- constitutional rights. It does not in- ranking member of this subcommittee, ance of honoraria. I led the fight. This fringe upon the freedom of the press, as and I am pleased that we have been action was seen by some politicians at set forth in the American Bill of able to do our share in carefully exam- the time as an overreaction to criti- Rights. There is nothing in that Bill of ining the expenditures of the legisla- cism and an unnecessary effort, but the Rights that says you should not have tive branch to ensure that they are prevailing attitude was to let the sun- an accounting to the public of some cost-effective and, where possible, we shine in and take away the appearance things.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10350 CONGRESSIONAL RECORD — SENATE July 20, 1995 This amendment is intended to pro- rate Senate resolution that would, (1) the Senate Press Gallery; vide a ‘‘truth in reporting require- hopefully, lead to the establishment of (2) the Senate Radio and Television Cor- ment’’ for the media that cover this in- disclosure rules starting with the 104th respondents Gallery; stitution, this Senate. I repeat that I Congress and set into place rules for a (3) the Senate Periodical Press Gallery; and have grown increasingly concerned yearly filing by reporters who seek (4) the Senate Press Photographers Gal- with the communication industry’s in- credentialing with the Senate Press lery. Gallery. ability or unwillingness to adopt eth- AMENDMENT NO. 1802 ical standards that properly reflect I am not attempting to have any impact upon the House and its rules or (Purpose: To express the sense of the Senate their role in our system of Govern- that the Senate should consider a resolu- ment. In this day of instant access, the regulations. But I would anticipate tion requiring each accredited member of media’s leverage over the dissemina- that the Rules Committee in the Sen- the Senate Press Gallery to file an annual tion of information is unequaled. Their ate would then hold hearings to ensure public report with the Secretary of the power of persuasion goes well beyond a complete airing of all views on the Senate disclosing the member’s primary the newspaper headlines or the nightly subject. Come one, come all. Let us employer and any additional sources and news report or the radio talk show. The hear what you have to say. Let us work amounts of earned outside income) members of the media, as the pur- together. Mr. BYRD. Mr. President, I send my veyors of our daily news, singularly de- This is not an attempt to sandbag the amendment to the desk and ask for its cide which items are newsworthy and, press or to prevent their input or to in- immediate consideration. as such, which items deserve the atten- fluence their input. The point of this The PRESIDING OFFICER. The tion of the public. amendment is to show that it is time clerk will report. Today’s press, as I have said already, for the media to be accountable. I The legislative clerk read as follows: have enormous power, enormous power. would prefer that they would volun- The Senator from West Virginia [Mr. There is nothing like it anywhere in tarily take the steps to make them- BYRD] proposes an amendment numbered the world. And it is time that they ac- selves accountable. I hope they will do 1802. knowledge the responsibility that that. But right now—today—their Mr. BYRD. Mr. President, I ask unan- comes with that power. Coupled with sphere of influence is unfettered and imous consent that reading of the that fact is the American people’s in- unequal. amendment be dispensed with. For the press to simply resist public creasing cynicism of Washington. At a The PRESIDING OFFICER. Without disclosure on a matter of principle is time when the public’s distrust of objection, it is so ordered. unwise, and it is unacceptable. I be- Members of Congress and the public’s The amendment is as follows: lieve that the entire industry must re- distrust of journalists is at an all-time alize its full responsibility—its full re- At the appropriate place in the bill, insert high, I believe it is important to take the following: sponsibility—to its viewers, to its read- the necessary steps to instill con- SEC. . (a) It is the sense of the Senate that ers, and to its listeners. fidence in the process of Government. the Senate should consider a resolution in In light of that, this amendment is a the 104th Congress, 1st Session, that requires Over the years, the press have been ex- beginning in the effort to address at ceedingly critical—and rightly so—of an accredited member of any of the Senate the very least the perception of a press galleries to file an annual public report particular elected officials who have media double standard. The media were with the Secretary of the Senate disclosing abused their positions. right in saying that we elected officials the identity of the primary employer of the In 1991, in an effort to address the ap- ought to be accountable to the public, member and of any additional sources of pearance of impropriety, the Congress that we ought to disclose how much earned outside income received by the mem- passed legislation installing disclosure this group pays us for an appearance, ber, together with the amounts received requirements that prohibit any Mem- from each such source. or how much this group pays us for (b) For purposes of this section, the term ber from accepting compensation from having a cup of coffee downtown at outside groups. That was a positive ‘‘Senate press galleries’’ means— some club. We ought to disclose how (1) the Senate Press Gallery; step. Though there was resistance to much this or that group pays us for a (2) the Senate Radio and Television Cor- this prohibition, the prevailing atti- 10-minute speech or for a 30-minute respondents Gallery; tude was, as I said earlier, to let a lit- speech. Lay it out. (3) the Senate Periodical Press Gallery; tle sunshine work its way into the My amendment went further. At first and Chamber and to take away the appear- we disclose it. And then my amend- (4) the Senate Press Photographers Gal- ance of unethical behavior. ment said we will eliminate entirely lery. Recently, there have been reports of the acceptance of honoraria for our- Mr. BYRD. Mr. President, I ask unan- journalists receiving thousands of dol- selves and on the part of our staffs. I imous consent to have printed in the lars in speaking fees, thousands of dol- am not saying the same with respect to RECORD certain published articles per- lars in speaking fees from the very the press. I am not saying they should tinent to my remarks. groups that they are covering. Despite eliminate it. I am simply saying they The first is entitled ‘‘Fee Speech,’’ by this apparent conflict, some members— should disclose it. Let the sunshine in. Ken Auletta, from the September 12, not all, but some members—of the Let their colleagues, let their cowork- 1994, New Yorker; the second, ‘‘Take press take the position that, as a pri- ers know. Let everybody know. Let the the Money and Talk,’’ by Alicia C. vate citizen they have no obligation— public know. Shepard, which appeared in American no obligation—to disclose information It is time for journalists to forgo, as Journalism Review; and ‘‘Where the regarding their acceptance of outside I say, the narrow defense of their indi- Sun Doesn’t Shine,’’ by Jamie Stiehm, earned income. They say, ‘‘That is no- vidual freedoms to face up to the which appeared in the May/June 1995 body else’s business. I am a private cit- broader obligations of trust in our po- issue of the Columbia Journalism Re- izen. The public has no business in litical process. view. knowing what I take in speaking fees.’’ Mr. President, this is what the There being no objection, the mate- The impetus for my amendment is amendment says: rial was ordered to be printed in the neither an attempt to hamper the me- It is the sense of the Senate that the Sen- RECORD, as follows: dia’s ability to do their job nor is it an ate should consider a resolution in the 104th [From the New Yorker magazine, Sept. 12, effort to infringe in any way upon their Congress, 1st Session, that requires an ac- 1994] first amendment rights. Instead, the credited member of any of the Senate press FEE SPEECH goal of the amendment is simply to galleries to file an annual public report with (By Ken Auletta) apply a level of credibility to the press the Secretary of the Senate disclosing the that reflects the importance of their identity of the primary employer of the The initial hint of anger from twenty-five member and of any additional sources of or so members of the House Democratic lead- profession. ership came on an hour-and-a-quarter-long It is my hope that there can be con- earned outside income received by the member, together with the amounts received bus ride from Washington to Airlie House, in sensus in the Senate in requiring the from each such source. rural Virginia, one morning last January. media to disclose their earned outside (b) For purposes of this section, the term They had been asked by the Majority Leader, income. And I intend to offer a sepa- ‘‘Senate press galleries’’ means— Richard A. Gephardt, of Missouri, to attend

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10351 a two-day retreat for the Democratic Mes- The press panel went on for nearly three ABC News were reconsidering their relaxed sage Group, and as the bus rolled southwest hours, long past the designated cocktail hour policy. the convivial smiles faded. The members of of six. The congressmen directed their anger Indeed, one of Donaldson’s bosses—Paul the group began to complain that their mes- at both Brian Lamb, the C–SPAN chairman, Friedman, the executive vice-president for sage was getting strangled, and they blamed and me—we were the two press representa- news—told me he agreed with the notion the media. By that afternoon, when the tives on the panel—and cited a number of in- that on-air correspondents are not private Democrats gathered for the first of five pan- stances of what they considered reportorial citizens. ‘‘People like Sam have influence els composed of both partisans and what abuse. The question that recurred most often that far exceeds that of individual congress- were advertised as ‘‘guest analysts, not par- was this: Why won’t journalists disclose the men,’’ Friedman said, echoing Representa- tisan advisers,’’ the complaints were growing income they receive from those with special tive Obey’s point. ‘‘We always worry that louder. The most prominent Democrats in interests? lobbyists get special ‘access’ to members of the House—Gephardt; the Majority Whip, It is a fair question to ask journalists, who government. We should also worry that the David E. Bonior, of Michigan; the current often act as judges of others’ character. Over public might get the idea that special-inter- Appropriations Committee chairman, David the summer, I asked it of more than fifty est groups are paying for special ‘access’ to R. Obey, of Wisconsin; the Democratic Con- prominent media people, or perhaps a fifth of correspondents who talk to millions of gressional Campaign chairman, Vic Fazio, of what can fairly be called the media elite— Americans.’’ California; Rosa L. DeLauro, of Connecticut, those journalists who, largely on account of Unlike Donaldson, who does not duck ques- who is a friend of President Clinton’s; and television appearances, have a kind of fame tions, some commentators chose to say noth- about twenty others—expressed a common similar to that of actors. Not surprisingly, grievance: public figures are victims of a most responded to the question at least as ing about their lecturing. The syndicated powerful and cynical press corps. A few com- defensively as any politician would. Some of columnist George Will, who appears weekly plained of what they saw as the ethical ob- them had raised an eyebrow when President as a commentator on the Brinkley show, said tuseness of Sam Donaldson, of ABC, angrily Clinton said he couldn’t recall ten- or fif- through an assistant, ‘‘We are just in the noting that, just four days earlier, ‘‘Prime teen-year-old details about Whitewater. Yet middle of book production here. Mr. Will is Time Live,’’ the program that Donaldson co- many of those I spoke to could not remember not talking much to anyone.’’ Will is paid anchors, had attacked the Independent In- where they had given a speech just months twelve thousand five hundred dollars a surance Agents of America for treating con- ago. And many of them, while they were un- speech, Alicia C. Shepard reports in a superb gressional staff people to a Key West junket. equivocal in their commentary on public fig- article in the May issue of the American Yet several months earlier the same insur- ures and public issues, seemed eager to dwell Journalism Review. ance group had paid Donaldson a thirty- on the complexities and nuances of their own ABC’s Cokie Roberts, who, according to an thousand-dollar lecture fee. outside speaking. ABC official, earns between five and six hun- By four-thirty, when the third panel, os- Sam Donaldson, whose annual earnings at dred thousand dollars annually as a Wash- tensibly devoted to the changing role of the ABC are about two million dollars, was ington correspondent and is a regular com- media, was set to begin, the Democrats could forthcoming about his paid speeches: in mentator on the Brinkley show in addition no longer contain their rage, lumping the June, he said that he had given three paid to her duties on National Public Radio, also press into a single, stereotypical category— speeches so far this year and had two more seems to have a third job, as a paid speaker. you—the same way they complained that the scheduled. He would not confirm a report Among ABC correspondents who regularly press lumped together all members of Con- that he gets a lecture fee of as much as thir- moonlight as speakers, Roberts ranks No. 1. gress. ty thousand dollars. On being asked to iden- A person who is in a position to know esti- They kept returning to Donaldson’s lec- tify the three groups he had spoken to, Don- mates that she earned more than three hun- ture fees and his public defense that it was aldson—who on the March 27th edition of the dred thousand dollars for speaking appear- ethically acceptable for him to receive fees Sunday-morning show ‘‘This Week with ances in 1993. Last winter, a couple of weeks because he was a private citizen, not an David Brinkley’’ had ridiculed President after the Donaldson-‘‘Prime Time’’ incident, elected official. The Airlie House meeting Clinton for not remembering that he had she asked the Group Health Association of was off the record, but in a later interview once lent twenty thousand dollars to his America, before whom she was to speak in Representative Obey recalled having said of mother—said he couldn’t remember. Then he mid-February, to donate her reported twen- journalists. ‘‘What I find most offensive late- took a minute to call up the information ty-thousand-dollar fee to charity. Roberts ly is that we get the sanctimonious-Sam de- from his computer. He said that he had spo- did not return three phone calls—which sug- fense: ‘We’re different because we don’t write ken at an I.B.M. convention in Palm Springs, gests that she expects an openness from the the laws.’ Well, they have a hell of a lot to a group of public-information officers, and Clinton Administration that she rejects for more power than I do to affect the laws writ- to the National Association of Retail Drug- herself. On that March 27th Brinkley show, ten.’’ gists. ‘‘If I hadn’t consulted my computer- she described the Administration’s behavior Representative Robert G. Torricelli, of ized date book, I couldn’t have told you that concerning Whitewater this way: ‘‘All of this New Jersey, recalled have said, ‘‘What star- I spoke to the National Association of Retail now starts to look like they are covering tles many people is to hear television com- Druggists,’’ he said. ‘‘I don’t remember these something up.’’ mentators make paid speeches to interest things.’’ Brit Hume, the senior ABC White House groups and then see them on television com- What would Donaldson say to members of correspondent, earns about what Roberts menting on those issues. It’s kind of a direct Congress who suggest that, like them, he is does, and is said to trail only Roberts and conflict of interest. If it happened in govern- not strictly a private individual and should Donaldson at ABC in lecture earnings. This ment, it would not be permitted.’’ Torricelli, make full disclosure of his income from could not be confirmed by Hume, for he did who has been criticized for realizing a sixty- groups that seek to influence legislation? not return calls. nine-thousand-dollar profit on a New Jersey ‘‘First, I don’t make laws that govern an At CNN, the principal anchor, Bernard savings-and-loan after its chairman advised industry,’’ he said. ‘‘Second, people hire me Shaw, also declined to be interviewed, and so him to make a timely investment in its because they think of me as a celebrity; they did three of the loudest critics of Congress stock, says he doesn’t understand why jour- believe their members or the people in the and the Clinton Administration; the conserv- nalists don’t receive the same scrutiny that audience will be impressed.’’ He went on, ative commentator John McLaughlin, who people in Congress do. Torricelli brought up ‘‘Can you say the same thing about a mem- now takes his ‘‘McLaughlin Group’’ on the an idea that had been discussed at the re- ber of Congress who doesn’t even speak—who road to do a rump version of the show live, treat and that he wanted to explore: federal is hired, in a sense, to go down and play ten- often before business groups; and the alter- regulations requiring members of the press nis? What is the motive of the group that nating conservative co-hosts of ‘‘Crossfire,’’ to disclose outside income—and most par- pays for that?’’ He paused and then answered Pat Buchanan and John Sununu. ticularly television journalists whose sta- his own question: ‘‘Their motive, whether David Brinkley did respond to questions, tions are licensed by the government. He they are subtle about it or not, is to make but not about his speaking income. Like said that he would like to see congressional friends with you because they hope that you Donaldson and others, he rejected the notion hearings on the matter, and added. ‘‘You’d will be a friend of theirs when it comes time that he was a public figure. Asked what he get the votes if you did the hearings. I pre- to decide about millions of dollars. Their would say to the question posed by members dict that in the next couple of Congresses motive in inviting me is not to make friends of Congress at the retreat, Brinkley replied, you’ll get the hearings.’’ with me.’’ Gephardt is dubious about the legality of Would he concede that there might be at ‘‘It’s a specious argument. We are private compelling press disclosure of outside in- least an appearance of conflict when he citizens. We work in the private market- come, but one thing he is sure about is the takes money from groups with a stake in, place. They do not.’’ anger against the media which is rising with- say, health issues? And if a member of Congress asked about in Congress. ‘‘Most of us work for more than Donaldson said, ‘‘At some point, the issue his speaking fee, which is reported to be money,’’ he told me. ‘‘We work for self- is: What is the evidence? I believe it’s not eighteen thousand dollars? image. And Congress’s self-image has suf- the appearance of impropriety that’s the ‘‘I would tell him it’s none of his busi- fered, because, members think, journalistic problem. It’s impropriety.’’ Still, Donaldson ness,’’ Brinkley said. ‘‘I don’t feel that I have ethics and standards are not as good as they did concede that he was rethinking his posi- the right to ask him everything he does in used to be.’’ tion; and he was aware that his bosses at his private life.’’

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10352 CONGRESSIONAL RECORD — SENATE July 20, 1995 The syndicated columnist and television umnists have fewer constraints on their ‘‘I cover cable, but I cover it for ABC, which regular Robert Novak, who speaks more fre- speechmaking than so-called objective re- is sometimes in conflict with that industry,’’ quently than Brinkley, also considers him- porters, since columnists freely expose their he said. Could he accept money to write a self a private citizen when it comes to the opinions. magazine piece or a book when he might one matter of income disclosure. ‘‘I’m not going Gloria Borger, a U.S. News & World Report day report on the magazine publisher or the to tell you how many speeches I do and what columnist and frequent ‘‘Washington Week book industry? He is uneasy with the dis- my fee is,’’ he said politely. Novak, who has in Review’’ panelist, discloses her income tinction that newspapers like the Wall been writing a syndicated column for thirty- from speeches, but only to her employer. Street Journal or the Washington Post one years, is highly visible each weekend on Borger said she gave one or two paid speech- make, which is to prohibit daily reporters CNN as the co-host of the ‘‘Evans & Novak’’ es a month, but she wouldn’t reveal her fee. from giving paid speeches to corporations or interview program and as a regular on ‘‘The ‘‘I’m not an elected official,’’ she said. trade associations that lobby Congress and Capital Gang.’’ Like Borger, Wolf Blitzer, CNN’s senior have agendas, yet allow paid college speech- What would Novak say to a member of White House correspondent, said that he told es. (Even universities have legislative agen- Congress who maintained that he was a his news organization about any speeches he das, Greenfield noted.) In trying to escape quasi-public figure and should be willing to made. How many speeches did he make in this ethical maze, Greenfield concluded, ‘‘I disclose his income from speeches? the last year? finally decided that I can’t figure out every- ‘‘I’m a totally private person,’’ he said. ‘‘I would guess four or five,’’ he said, and thing that constitutes a conflict.’’ ‘‘Anyone who doesn’t like me doesn’t have to repeated that each one was cleared through Eleanor Clift, of Newsweek, who is cast as read me. These people, in exchange for his bureau chief. the beleaguered liberal on ‘‘The McLaughlin power—I have none—they have sacrificed What would Blitzer say to a member of Group,’’ said that she made between six and privacy.’’ Congress who asked how much he made eight appearances a year with the group. Her In fact, Novak does seem to view his pri- speaking and from which groups? fee for a speech on the West Coast was five vacy as less than total; he won’t accept fees ‘‘I would tell him ‘None of your business,’’’ thousand dollars, she said, but she would ac- from partisan political groups, and, as a fre- Blitzer said. cept less to appear in Washington. She would quent critic of the Israeli government, he Two other network chief White House cor- not disclose her outside speaking income, will not take fees from Arab-American respondents NBC’s Andrea Mitchell and and said that if a member of Congress were groups, for fear of creating an appearance of CBS’s Rira Braver—also do little speaking. to ask she would say, ‘‘I do disclose. I dis- a conflict of interest. Unlike most private ‘‘I make few speeches,’’ Mitchell said. close to the people I work for. I don’t work citizens, Novak, and most other journalists, ‘‘Maybe ten a year. Maybe six or seven a for the taxpayers.’’ will not sign petitions, or donate money to year. I’m very careful about not speaking to Christopher Matthews, a nationally syn- political candidates, or join protest marches. groups that involve issues I cover.’’ She dedicated columnist and Washington bureau Colleagues have criticized Novak and Row- clined to say how much she earned. For chief of the San Francisco Examiner, who is land Evans for organizing twice-a-year fo- Braver, the issue was moot. I don’t think I a political commentator for ‘‘Good Morning rums—as they have since 1971—to which they did any,’’ she said, referring to paid speeches America’’ and co-host of a nightly program invite between seventy five and a hundred in the past year. on America’s Talking, a new, NBC-owned and twenty-five subscribers to their news- ABC’s ‘‘Prime Time Live’’ correspondent cable network, told me last June that he letter, many of whom are business and finan- Chris Wallace, who has done several inves- gave between forty and fifty speeches a year. cial analysts. Those attending pay hundreds tigative pieces on corporate-sponsored con- He netted between five and six thousand dol- of dollars—Novak refuses to say how much— gressional junkets, said he made four or five lars a speech, he said, or between two and for the privilege of listening to public offi- paid speeches last year. ‘‘I don’t know ex- three hundred thousand dollars a year. Like cials speak and answer questions off the actly,’’ he said. Could he remember his fee? many others, he is represented by the Wash- record. ‘‘You talk about conflicts of inter- ‘‘I wouldn’t say,’’ he replied. ington Speakers Bureau, and he said that he est!’’ exclaimed Jack Nelson, the Los Ange- Did he speak to business groups? placed no limitations on corporate or other les Times Washington bureau chief. ‘‘It is ‘‘I’m trying to remember the specific groups he would appear before. ‘‘To be hon- wrong to have government officials come to groups,’’ he said, and then went on. ‘‘One was est, I don’t spend a lot of time thinking speak to businesses and you make money off the Business Council of Canada. Yes, I do about it,’’ he said. ‘‘I give the same speech.’’ of it.’’ speak to business groups.’’ Mark Shields, who writes a syndicated col- So what is the difference between Chris David S. Broder, of the Washington Post, umn and is the moderator of ‘‘The Capital Wallace and members of Congress who ac- who has a contract to appear regularly on Gang’’ and a regular commentator on ‘‘The cept paid junkets? CNN and on NBC’s ‘‘Meet the Press,’’ said MacNeil/Lehrer NewsHour,’’ is a busy paid ‘‘I’m a private citizen,’’ he said, ‘‘I have no that he averaged between twelve and twenty- lecturer. Asked how much he earned from control over public funds, I don’t make pub- four paid speeches a year, mostly to colleges, speeches last year, he said, ‘‘I haven’t even lic policy.’’ and that the speeches are cleared with his totalled it up.’’ Shields said he probably Why did Wallace think that he was invited editors at the Post. He did not discuss his gives one paid speech a week, adding, ‘‘I to speak before business groups? fee, but Howard Kurtz, the Post’s media re- don’t want, for personal reasons, to get into ‘‘They book me because they feel somehow porter, said in his recent book ‘‘Media Cir- specifics.’’ that it adds a little excitement or luster to cus’’ that Broder makes up to seventy-five Michael Kinsley, who is the liberal co-host their event,’’ he said. He has been giving hundred dollars a speech. Broder said he of ‘‘Crossfire,’’ an essayist for The New Re- speeches since 1980, he said, and ‘‘never once would support an idea advanced by Albert R. public and Time, and a contributor to The has any group called me afterward and asked Hunt,the Wall Street Journal’s Washington New Yorker, is also reluctant to be specific. me any favor in coverage.’’ editor, to require disclosure as a condition of ‘‘I’m in the worst of all possible positions,’’ But isn’t that what public officials usually receiving a congressional press card. To re- he said. ‘‘I do only a little of it. But I can’t say when Wallace corners them about a jun- ceive a press card now, David Holmes, the su- claim to be a virgin.’’ Kinsley said he ap- ket? perintendent of the House Press Gallery, told peared about once every two months, but he Those who underwrite congressional jun- me, journalists are called upon to disclose wouldn’t say what groups he spoke to or how kets are seeking ‘‘access’’ and ‘‘influence,’’ only if they receive more than five per cent much he was paid. ‘‘I’m going to do a bit he said, but the people who hire him to make of their income from a single lobbying orga- more,’’ he said. ‘‘I do staged debates—mini a speech are seeking ‘‘entertainment.’’ When nization. Hunt said he would like to see the ‘Crossfire’s’—before business groups. If ev- I mentioned Wallace’s remarks to Norman four committees that oversee the issuing of eryone disclosed, I would.’’ Pearlstine, the former executive editor of congressional press cards—made up of five to The New Republic’s White House cor- the Wall Street Journal, he said, ‘‘By that seven journalists each—require full disclo- respondent, Fred Barnes, who is a regular on argument, we ought not to distinguish be- sure of any income from groups that lobby ‘‘The McLaughlin Group’’ and appears on tween news and entertainment, and we ought Congress. He said he was aware of the bitter ‘‘CBS This Morning’’ as a political commen- to merge news into entertainment.’’ battle that was waged in 1988, when one com- tator, speaks more often than Kinsley, giv- ABC’s political and media analyst Jeff mittee issued new application forms for ing thirty or forty paid speeches a year, he Greenfield makes a ‘‘rough guess’’ that he press passes which included space for de- said, including the ‘‘McLaughlin’’ road show. gives fifteen paid speeches a year, many in tailed disclosure of outside income. Irate re- How would Barnes respond to the question the form of panels he moderates before var- porters demanded that the application form posed by members of Congress? ious media groups—cable conventions, news- be rescinded, and it was. Today, the Journal, ‘‘They’re elected officials,’’ he said. ‘‘I’m paper or magazine groups, broadcasting and along with the Washington Post, is among not an elected official. I’m not in govern- marketing associations—that are concerned the publications with the strictest prohibi- ment. I don’t deal with taxpayers’ money.’’ with subjects he regularly covers. ‘‘It’s like tions on paid speeches. Most journalistic or- Barnes’s ‘‘McLaughlin’’ colleague Morton ‘Nightline,’ but it’s not on the air,’’ he said. ganizations forbid reporters to accept money M. Kondracke is the executive editor of Roll He would not divulge his fee, or how much he or invest in the stocks of the industries they Call, which covers Congress. Kondracke said earned in the past twelve months from cover. But the Journal and the Post have that he gave about thirty-six paid speeches speeches. rules against reporters’ accepting fees from annually, but he would not identify the spon- Greenfield argued that nearly everything any groups that lobby Congress or from any sors or disclose his fee. He believes that col- he did could be deemed a potential conflict. for-profit groups.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10353 Hunt, who has television contracts with charity. ‘‘We don’t need the money,’’ Brokaw longer accept fees to speak to corporate ‘‘The Capital Gang’’ and ‘‘Meet the Press,’’ said. ‘‘And we thought it created an appear- groups or trade associations that directly said that he averaged three or four speeches ance of conflict.’’ Others who do not accept lobby the government. The New Yorker, ac- a year, mostly to colleges and civic groups, fees for speaking are Ted Koppel, of ABC’s cording to its executive editor, Hendrik and never to corporations or groups that di- ‘‘Nightline’’; Jim Lehrer, of ‘‘The MacNeil/ Hertzberg, is in the process of reviewing its rectly petition Congress, and that he re- Lehrer News Hour’’; Bob Schieffer, CBS’ policies. ceived five thousand dollars for most speech- chief Washington correspondent and the host Those who frequently lecture make a solid es. of ‘‘Face the Nation’’; and C-SPAN’s Brian point when they say that lecture fees don’t William Safire, the Times columnist, who is Lamb. buy favorable coverage. But corruption can a regular on ‘‘Meet the Press,’’ was willing ABC’s senior Washington correspondent, take subtler forms than the quid pro quo, to disclose his lecture income. ‘‘I do about James Wooten, explained how, in the mid- and the fact that journalists see themselves fifteen speeches a year for twenty thousand eighties, he decided to change his ways after as selling entertainment rather than influ- dollars a crack,’’ he said. ‘‘A little more for a last lucrative weekend: ‘‘I had a good agent ence does not wipe the moral slate clean. overseas and Hawaii.’’ Where Safire parts and I got a day off on Friday and flew out The real corruption of ‘‘fee speech,’’ perhaps, company with Hunt is that he sees nothing Thursday after the news and did North- is not that journalists will do favors for the wrong with accepting fees from corporations. western University Thursday night for six associations and businesses that pay them He said that in recent months he had spoken thousand dollars. Then I got a rental car and speaking fees but that the nexus of tele- to A.T. & T., the Pharmaceutical Research drove to Milwaukee, and in midmorning I did vision and speaking fees creates what Rep- and Manufacturers of America, and Jewish Marquette for five or six thousand dollars. In resentative Obey called ‘‘an incentive to be organizations. Safire said that because he is the afternoon, I went to the University of even more flamboyant’’ on TV—and, to a a columnist his opinions are advertised, not Chicago, to a small symposium, for which I lesser extent, on the printed page. The tele- hidden. ‘‘I believe firmly in Samuel John- got twenty-five hundred to three thousand vision talk shows value vividness, pithiness, son’s dictum ‘No man but a blockhead ever dollars. Then I got on a plane Friday night and predictability. They prefer their panel- wrote except for money,’’’ he went on. ‘‘I and came home. I had made fifteen thousand ists reliably pro or con, ‘‘liberal’’ or ‘‘con- charge for my lectures. I charge for my dollars, paid the agent three thousand, and servative,’’ Too much quirkiness can make a books. I charge when I go on television. I feel had maybe two thousand in expenses. So I show unbalanced; too much complexity can no compunction about it. It fits nicely into made about ten thousand dollars for thirty- make it dull. Time’s Margaret Carlson told my conservative, capitalist—with a capital six hours. I didn’t have a set speech, I just me, not entirely in jest, ‘‘I was a much more ‘C’—philosophy.’’ talked off the top of my head.’’ But his con- thoughtful person before I went on TV. But Tim Russert, the host of ‘‘Meet the Press,’’ science told him it was wrong. ‘‘It’s easy I was offered speeches only after I went on said that he had given ‘‘a handful’’ of paid money,’’ Wooten said. TV.’’ Her Time colleague the columnist speeches in the past year, including some to As for me, The New Yorker paid my travel Hugh Sidey said that when he stopped ap- expenses to and from the congressional re- for-profit groups. He said that he had no set pearing regularly on television his lecture treat. In the past twelve months, I’ve given fee, and that he was wary of arbitrary dis- income shrivelled. Obey wishes that it would two paid speeches; the first, at New York’s tinctions that say lecturing is bad but in- shrivel for the rest of the pundit class as Harmonic Club, was to make an opening come from stock dividends is fine. Russert well. An attitude of scorn often substitutes presentation and to moderate a panel on the also raised the question of journalists’ ap- for hard work or hard thought and it’s dif- battle for control of Paramount Communica- pearing on shows like ‘‘Meet the Press,’’ ficult to deny that the over-all result of this tions, for which I was paid twelve hundred which, of course, have sponsors. ‘‘Is that a dynamic is a coarsening of political dis- dollars; the second was a speech on the fu- conflict? You can drive yourself crazy on course. ture of the information superhighway at a this.’’ Celebrity journalism and the appearance of Few journalists drive themselves crazy Manhattan luncheon sponsored by the Balti- conflicts unavoidably erode journalism’s over whether to accept speaking fees from more-based investment firm of Alex, Brown claim to public trust. ‘‘My view is that the government they cover. They simply & Sons, for which my fee was seventy-five you’re going to start having character sto- don’t. But enticements do come from un- hundred dollars. I don’t accept lecture fees ries about journalists,’’ Jay Rosen, a jour- usual places. One reporter, who asked to re- from communications organizations. nalism professor at New York University and main anonymous, said that he had recently Like the public figures we cover, journal- the director of the Project on Public Life and turned down a ten-thousand dollar speaking ists would benefit from a system of checks the Press, told me recently. ‘‘It’s inevitable. fee from the Central Intelligence Agency. A and balances. Journalistic institutions, in- If I were a big-name Washington journalist, spokesman for the C.I.A., David Christian, cluding The New Yorker, too seldom have rig- I’d start getting my accounts together. I explained to me, ‘‘We have an Office of orous rules requiring journalists to check don’t think journalists are private citizens.’’ Training and Education, and from time to with an editor or an executive before agree- time we invite knowledgeable non-governing to make a paid speech; the rules at various institutions for columnists are often [From the American Journalism Review, ment experts to talk to our people as part of June 1995] our training program.’’ Does the agency pay even more permissive. Full disclosure pro- for these speeches? ‘‘Sometimes we do, and vides a disinfectant—the power of shame. A TAKE THE MONEY AND TALK sometimes we don’t,’’ he said. Asked for the few journalistic institutions, recently (By Alicia C. Shepard) names of journalists who accepted such fees, shamed, have been taking a second look at It’s speech time and the Broward County Christian said the he was sorry but ‘‘the their policies. In mid-June, ABC News issued Convention Center in Fort Lauderdale. records are scattered.’’ new rules, which specifically prohibit paid ABC News correspondent and NPR com- Time’s Washington columnist, Margaret speeches to trade associations or to any ‘‘for- mentator Cokie Roberts takes her brown Carlson, who is a regular on ‘‘The Capital profit business.’’ ABC’s ban—the same one handbag and notebook off of the ‘‘reserved’’ Gang,’’ laughed when I asked about her in- that is in place at the Wall Street Journal and table where she has been sitting, waiting to come from speeches and said, ‘‘My view is the Washington Post—prompted Roberts, speak. She steps up to the podium where she that I just got on the gravy train, so I don’t Donaldson, Brinkley, Wallace, and several is gushingly introduced and greeted with re- want it to end.’’ Carlson said she gave six other ABC correspondents to protest, and sounding applause. speeches last year, at an average of five they met in early August with senior news Framed by palm fronds, Roberts begins her thousand dollars a speech, including a panel executives. They sought a lifting of the ban, speech to 1,600 South Florida businesswomen appearance in San Francisco before the which would allow them to get permission on attending a Junior League-sponsored sem- American Medical Association (with Michael a case-by-case basis. But a ranking ABC offi- inar. Having just flown in from Washington, Kinsley, among others). She made a fair dis- cial says. ‘‘We can agree to discuss excep- D.C., Roberts breaks the news of the hours- tinction between what she did for a fee and tions but not give any. Their basic argument old arrest of a suspect in the Oklahoma City what Treasury Secretary Lloyd Bentsen is greed, for Christ’s sake!’’ Andrew Lack, bombing. She talks of suffragette Susan B. tried to do in 1987, when, as Senate Finance the president of NBC News, said that he Anthony, of how she misses the late House Committee chairman, he charged lobbyists plans to convene a meeting of his executives Speaker Tip O’Neill, of the Republican take- ten thousand dollars a head for the oppor- to shape an entirely new speaking policy. over on Capitol Hill. Then she gives her lis- tunity to join him for breakfast once a ‘‘My position is that the more we can dis- teners the inside scoop on the new members month. ‘‘We are like monkeys who get up on- courage our people from speaking for a fee, of Congress. stage,’’ Carlson said, echoing Chris Wallace. the better,’’ he said. And CBS News now stip- ‘‘They are very young,’’ says Roberts, 52. ‘‘It’s mud wrestling for an hour or an hour ulates that all speaking requests must be ‘‘I’m constantly getting it wrong, assuming and a half, and it’s over.’’ cleared with the president or the vice-presi- they are pages. They’re darling. They’re There are journalistic luminaries who dent of news. Al Vecchione, the president of wildly adept with a blow dryer and I resent make speeches but, for the sake of appear- MacNeil/Lehrer Productions, admitted in them because they call me ma’am.’’ The au- ances, do not accept fees. They include the June to having been embarrassed by the dience laughs. three network-news anchors—NBC’s Tom American Journalism Review piece. ‘‘We had After talking for an hour on ‘‘Women and Brokaw, ABC’s Peter Jennings and CBS’ Dan a loose policy,’’ he said. ‘‘I just finished re- Politics,’’ Roberts answers questions for 20 Rather—all of whom say that they don’t writing our company policy.’’ Henceforth, minutes. One woman asks the veteran cor- charge to speak or they donate their fees to those associated with the program will no respondent, who has covered Washington

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10354 CONGRESSIONAL RECORD — SENATE July 20, 1995 since 1978, when there will be a female presi- hardline policies at others—it’s not clear who have received a fee are in any way be- dent. how effective the new policies are, since no holden to anybody other than our viewers. ‘‘I think we’ll have a woman president public disclosure system is in place. Even though I do not believe anybody was when a woman is elected vice president and Some well-known journalists, columnists every swayed by a speech fee. I do believe we do in the guy,’’ Roberts quips. and ‘‘Crossfire’’ host Michael Kinsley and that it gives the wrong impression. We deal This crowd loves her. When Roberts fin- U.S. News & World Report’s Steven V. Rob- in impressions.’’ ishes, they stand clapping for several min- erts among them, scoff at the criticism. The new policy has hurt, says ABC White utes. Roberts poses for a few pictures and is They assert that it’s their right as private House correspondent Ann Compton. Almost whisked out and driven to the Miami airport citizens to offer their services for whatever a year in advance, Compton agreed to speak for her first-class flight back to Washington. the market will bear, that new policies won’t to the American Cotton Council. But this For her trouble and her time, the Junior improve credibility and that the outcry has spring, when she spoke to the trade group, League of Greater Fort Lauderdale gave been blown out of proportion. she had to turn an honorarium of ‘‘several Roberts a check for $35,000. ‘‘She’s high, very But the spectacle of journalists taking big thousand dollars’’ over to charity. Since the high,’’ says the League’s Linda Carter, who bucks for speeches has emerged as one of the policy went into effect, Compton has turned lined up the keynote speakers. The two other high-profile ethical issues in journalism down six engagements that she previously keynote speakers received around $10,000 today. would have accepted. each. ‘‘Clearly some nerve has been touched,’’ ‘‘The restrictions how have become so The organization sponsored the seminar to Warren says. ‘‘A nerve of pure, utter defen- tight, it’s closed off some groups and indus- raise money for its community projects, siveness on the part of a journalist trying to tries that I don’t feel I have a conflict with,’’ using Roberts as a draw. But shelling out rationalize taking [honoraria] for the sake of says Compton, who’s been covering the $35,000 wouldn’t have left much money for, their bank account because the money is so White House off and on since 1974. ‘‘It’s closed off, frankly, the category of organiza- say, the League’s foster care or women’s sub- alluring.’’ tions that pay the kind of fees I get.’’ She de- stance abuse programs or its efforts to in- A common route to boarding the lecture gravy train is the political talk show. Na- clines to say what those fees are. crease organ donors for transplants. And it has affect her bank account. ‘‘I’ve Instead, Roberts tab was covered by a cor- tional television exposure raises a journal- got four kids . . .’’ Compton says. ‘‘It’s cut porate sponsor. JM Family Enterprises. The ist’s profile dramatically, enhancing the off a significant portion of income for me.’’ $4.2 billion firm is an umbrella company for likelihood of receiving lucrative speaking of- Some speakers bureaus say ABC’s new pol- the largest independent American dis- fers. icy and criticism of the practice have had an tributor of Toyotas. The second-largest pri- The problem is that modulated, objective impact. vately held company in Florida, it provides analysis is not likely to make you a favorite ‘‘It has affect us, definitely,’’ says Lori Toyotas to 164 dealerships in five southern on ‘‘The Capital Gang’’ or ‘‘The McLaughlin Fish of Keppler Associates in Arlington, Vir- states and runs 20 other auto-related compa- Group.’’ Instead, reporters who strive for ob- ginia, which represents about two dozen nies. jectivity in their day jobs are often far more journalists. ‘‘More journalists are conscious But Roberts doesn’t want to talk about the opinionated in the TV slugfests. of the fact that they have to be very par- company that paid her fee. She doesn’t like Time Managing Editor James R. Gaines, ticular about which groups they accept to answer the kind of questions she asks who issued his magazine’s recent ban on ac- honoraria from. On our roster there’s been a politicians. She won’t discuss what she’s cepting honoraria, sees this as another prob- decrease of some journalists accepting en- paid, whom she speaks to, why she does it or lem for journalists’ credibility, one he plans gagements of that sort. It’s mainly because how it might affect journalism’s credibility to address in a future policy shift. ‘‘Those of media criticism.’’ when she receives more money in an hour- journalists say things we wouldn’t let them Other bureaus, such as the National Speak- and-a-half from a large corporation than say in the magazine. . . .’’ says Gaines, ers Forum and the William Morris Agency, many journalists earn in a year. whose columnist Margaret Carlson appears say they haven’t noticed a difference. ‘‘I ‘‘She feels strongly that it’s not something frequently on ‘‘The Capital Gang.’’ ‘‘It’s can’t say that the criticism has affected us,’’ that in any way shape or form should be dis- great promotion for the magazine and the says Lynn Choquette, a partner at the speak- cussed in public.’’ ABC spokeswoman Eileen magazine’s journalists. But I wonder about it ers forum. Murphy said in response to AJR’s request for when the journalists get into that adver- Compton, Donaldson and Greenfield still an interview with Roberts. sarial atmosphere where provocation is the disagree with Wald’s policy but, as they say, Roberts’ ABC colleague Jeff Greenfield, main currency.’’ he’s the boss. who also speaks for money, doesn’t think it’s Journalists have been ‘‘buckraking’’ for ‘‘I believe since all of us signed our con- a good idea to duck the issue. ‘‘I think we years, speaking to trade associations, cor- tracts with the expectation that the former ought not not talk about it.’’ he says. ‘‘I porations, charities, academic institutions ABC policy would prevail and took that into mean that’s Cokie’s right, obviously,’’ he and social groups. But what’s changed is the account when we agreed to sign our con- adds, but ‘‘if we want people to answer our amount they’re paid. In the mid-1970s, the tracts for X amount,’’ Donaldson says, ‘‘it questions, then up to a reasonable point, we fees peaked at $10,000 to $15,000, say agents was not fair to change the policy mid- should answer their questions.’’ for speakers bureaus. Today, ABC’s Sam stream.’’ Donaldson says he has had to turn The phenomenon of journalists giving Donaldson can get $30,000, ABC’s David down two speech offers. Greenfield believes the restrictions are un- speeches for staggering sums of money con- Brinkley pulls in $18,000 and the New York necessary. tinues to dog the profession. Chicago Trib- Times’ William Safire can command up to ‘‘When I go to speak to a group, the idea une Washington Bureau Chief James Warren $20,000. that it’s like renting a politician to get his has created a cottage industry criticizing When a $4.2 billion Toyota distributor pays ear is not correct,’’ he says. ‘‘We are being colleagues who speak for fat fees. Wash- $35,000 for someone like Cokie Roberts, or a asked to provide a mix of entertainment and ington Post columnist James K. Glassman trade association pays a high-profile jour- information and keep audiences in their believes the practice is the ‘‘next great nalist $10,000 or $20,000 for an hour’s work, it seats at whatever convention so they don’t American scandal.’’ Iowa Republican Sen. inevitably raises questions and forces news go home and say, ‘Jesus, what a boring two- Charles Grassley has denounced it on the executives to re-examine their policies. day whatever that was.’’’ Senate floor. That’s what happened last June at ABC. Most agree it’s the size of the honoraria A number of news organizations have Richard Wald, senior vice president of news, that is fueling debate over the issue. ‘‘If you drafted new policies to regulate the practice decided to ban paid speeches to trade asso- took a decimal point or two away, nobody since debate over the issue flared a year ago ciations and for-profit corporations—much would care,’’ Greenfield says. ‘‘A lot of us are (see ‘‘Talk is Expensive,’’ May 1994). Time to the dismay of some of ABC’s best-paid now offered what seems to many people a lot magazine is one of the latest to do so, correspondents. As at most news organiza- of money. They are entertainment-size sums issuing a flat-out ban on honoraria in April. tions, speaking to colleges and nonprofits is rather than journalistic sizes.’’ The Society for Professional Journalists, in allowed. And Wald has decided ‘‘entertainment-size the process of revising its ethics code, is When Wald’s policy was circulated to 109 sums’’ look bad for the network, which has wrestling with the divisive issue. employees at ABC, some correspondents at least a dozen correspondents listed with The eye-popping sums star journalists re- howled (see Free Press, September 1994). Pro- speakers bureaus. It’s not the speeches them- ceive for their speeches, and the possibility tests last August from Roberts, Donaldson, selves that trouble Wald. ‘‘You can speak to that they may be influenced by them, have Brinkley, Greenfield, Brit Hume and others the American Society of Travel Agents or drawn heightened attention to the practice, succeeded only in delaying implementation the Electrical Council.’’ he says, ‘‘as long as which is largely the province of a relatively of the new guidelines. Wald agreed to you don’t take money from them.’’ small roster of well-paid members of the ‘‘grandfather in’’ speeches already scheduled But are ABC officials enforcing the new media elite. Most work for the television through mid-January. After that, if a cor- policy? ‘‘My suspicion is they’re not, that networks or the national news weeklies; respondent speaks to a forbidden group, the they are chickenshit and Cokie Roberts will newspaper reporters, with less public visi- money must go to charity. do whatever the hell she wants to do and bility, aren’t asked as often. ‘‘Why did we amend it? Fees for speeches they don’t have the balls to do anything,’’ While the crescendo of criticism has re- are getting to be very large,’’ Wald says. says the Chicago Tribune’s Warren, whose sulted in an official crackdown at several ‘‘When we report on matters of national in- newspaper allows its staff to make paid news organizations—as well as talk of new terest, we do not want it to appear that folks speeches only to educational institutions.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10355 There’s obviously some elasticity in ABC’s just nobody’s business. I just don’t buy $150 honorarium, I really don’t have a prob- policy. In April, Greenfield, who covers that.’’ lem with that.’’ media and politics, pocketed $12,000 from the His sentiment is shared in the Periodical Steve Roberts, a senior writer with U.S. National Association of Broadcasters for Press Gallery on Capitol Hill, where maga- News & World Report and Cokie Roberts’ speaking to 1.000 members and interviewing zine reporters applying for press credentials husband, is annoyed that some media organi- media giants Rupert Murdoch and Barry must list sources of outside income. But in zations are being swayed by negative pub- Diller for the group. Wald says that was ac- the Radio-Television Correspondents Gal- licity. He says there’s been far too much ceptable. lery, where the big-name network reporters criticism of what he believes is basically an He also says it was fine for Roberts to go for press credentials, the issue of dis- innocuous practice. Roberts says journalists speak to the Junior League-sponsored busi- closing outside income has never come up, have a right to earn as much as they can by ness conference in Fort Lauderdale, even says Kenan Block, a ‘‘MacNeil/Lehrer speaking, as long as they are careful about though the for-profit JM Family Enterprises NewsHour’’ producer. appearances and live by high ethical stand- paid her fee. ‘‘I’ve never heard anyone mention it here ards. ‘‘As long as the speech was arranged by a and I’ve been here going on 11 years,’’ says ‘‘This whole issue has been terribly over- reasonable group and it carried with it no Block, who is also chairman of the Radio- blown by a few cranks,’’ Roberts says. ‘‘As tinct from anybody, it’s okay,’’ says Wald. ‘‘I Television Correspondents Executive Com- long as journalists behave honorably and use don’t care where they [the Junior League] mittee. ‘‘I basically feel it’s not our place to good sense and don’t take money from people they cover, I think it’s totally legitimate. In get their money.’’ police the credentialed reporters. If you’re Even with its loopholes, ABC has the speaking on the college circuit or to groups fact, my own news organization encourages strictest restrictions among the networks. not terribly political in nature, I think, If it.’’ U.S. News not only encourages it, but its NBC, CBS and CNN allow correspondents to anything, people are impressed and a bit en- public relations staff helps its writers get speak for dollars on a case-by-case basis and vious. It’s like, ‘More power to them.’’’ But the issue of journalists’ honoraria has speaking engagements. require them to check with a supervisor Roberts says U.S. News has not been in- first. Last fall, Andrew Lack, president of been mentioned at Block’s program. Al Vecchione, president of McNeil/Lehrer timidated by the ‘‘cranks,’’ who he believes NBC News, said he planned to come up with Productions, says he was ‘‘embarrassed’’ by are in part motivated by jealousy. ‘‘I think a a new policy. NBC spokesperson Lynn Gard- AJR’s story last year and immediately wrote few people have appointed themselves the ner says Lack has drafted the guidelines and a new policy. The story reported that Robert critics and watchdogs of our profession. I, for will issue them this summer. ‘‘The bottom MacNeil accepted honoraria, although he one, resent it.’’ line is that Andrew Lack is generally not in often spoke for free; partner Jim Lehrer said His chief nemesis is Jim Warren, who came favor of getting high speaking fees,’’ she he had taken fees in the past but had stopped to Washington a year-and-a-half ago to take says. after his children got out of college. charge of the Chicago Tribune’s bureau. War- New Yorker Executive Editor Hendrik ‘‘We changed [our policy] because in read- ren, once the Tribune’s media writer, writes Hertzberg also said last fall that his maga- ing the various stories and examining our a Sunday column that’s often peppered with zine would review its policy, under which navel, we decided it was not proper,’’ news flashes about which journalist is speak- writers are supposed to consult with their Vecchione says. ‘‘While others may do it, we ing where and for how much. The column in- editors in ‘‘questionable cases.’’ The review don’t think it’s proper. Whether in reality cludes a ‘‘Cokie Watch.’’ named for Steve is still in progress. Hertzberg says it’s likely it’s a violation or not, the perception is Roberts’ wife of 28 years, a woman Warren the magazine will have a new policy by the there and the perception of it is bad has written reams about but has never net. ‘‘Jim Warren is a reprehensible individual end of the year. enough.’’ ‘‘There’s something aesthetically offensive MacNeil/Lehrer’s new policy is not as re- who has attacked me and my wife and other to my idea of journalism for American jour- strictive as ABC’s, however. It says cor- people to advance his own visibility and his nalists to be paid $5,000, $10,000 or $20,000 for respondents ‘‘should avoid accepting money own reputation,’’ Roberts asserts. ‘‘He’s on a some canned remarks simply because of his from individuals, companies, trade associa- crusade to make his own reputation by tear- or her celebrity value,’’ Hertzberg says. tions or organizations that lobby the governing down others.’’ While Warren may work hard to boost his Rewriting a policy merely to make public ment or otherwise try to influence issues the bureau’s reputation for Washington cov- the outside income of media personalities NewsHour or other special***programs guarantees resistance, if not outright hos- erage, he is best known for his outspoken may cover.’’ criticism of fellow journalists. Some report- tility. Just ask John Harwood of the Wall As is the case with many of the new, strict- ers cheer him on and fax him tips for ‘‘Cokie Street Journal’s Washington bureau. This er policies, each request to speak is reviewed Watch.’’ Others are highly critical and ask year, Harwood was a candidate for a slot on on a case-by-case basis. That’s the policy at who crowned Warren chief of the Washington the committee that issues congressional many newspapers and at U.S. News. press passes to daily print journalists. Newsweek tightened its policy last June. ethics police. Even Warren admits his relentless assault His platform included a promise to have Instead of simply checking with an editor, daily correspondents list outside sources of has turned him into a caricature. staffers now have to fill out a form if they ‘‘I’m now in the Rolodex as inconoclast, income—not amounts—on their applications want to speak or write freelance articles and badass Tribune bureau chief who writes for press credentials. Harwood’s goal was submit it to Ann McDaniel, the magazine’s about Cokie Roberts all the time,’’ says War- fuller disclosure of outside income, including chief of correspondents. ren, who in fact doesn’t. ‘‘But I do get lots of speaking fees. ‘‘The only reason we formalized the proc- ‘‘I’m not trying to argue in all cases it’s feedback from rank-and-file journalists say- ess is because we thought this was becoming ing, ‘Way to go. You’re dead right.’ It obvi- wrong,’’ says Harwood. ‘‘But we make a big more popular than it was 10 years ago,’’ ously touches a nerve among readers.’’ to-do about campaign money and benefits McDaniel says, ‘‘We want to make sure [our So Warren writes about Cokie and Steve lawmakers get from special interests and I’m staff members] are not involved in accepting Roberts getting $45,000 from a Chicago bank struck by how many people in our profession compensation from people they are very for a speech and the traveling team of tele- also get money from players in the political close to. Not because we suspect they can be vision’s ‘‘The Capital Gang’’ sharing $25,000 process.’’ bought or that there will be any improper for a show at Walt Disney World. He throws Harwood believes it’s hypocritical that behavior but because we want to protect our in parenthetically that Capital Gang mem- journalists used to go after members of Con- credibility.’’ ber Michael Kinsley ‘‘should know better.’’ gress for taking speech fees when journalists Time, on the other hand, looked at all the Kinsley says he would have agreed a few do the same thing. (Members of Congress are media criticism and decided to simply end years ago, but he’s changed his tune. He now no longer permitted to accept honoraria.) the practice. In an April 14 memo. Managing believes there are no intrinsic ethical prob- ‘‘By disclosing the people who pay us,’’ Editor Gaines told his staff, ‘‘The policy is lems with taking money for speaking. He says Harwood, ‘‘we let other people who may that you may not do it. does it, he wrote in The New Republic in have a beef with us draw their own conclu- Gaines says the new policy was prompted May, for the money, because it’s fun and it sions. I don’t see why reporters should be by ‘‘a bunch of things that happened all at boosts his ego. afraid of that.’’ once.’’ He adds that ‘‘a lot of people were ‘‘Being paid more than you’re worth is the But apparently they are. Harwood lost the doing cruise ships and appearances and have American dream,’’ he wrote. ‘‘I see a day election. some portion of their income from that, so when we’ll all be paid more than we’re ‘‘I’m quite certain that’s why John lost,’’ their ox is gored.’’ worth. Meanwhile, though, there’s no re- says Alan J. Murray, the Journal’s Wash- The ban is not overwhelmingly popular quirement for journalists, alone among hu- ington bureau chief, who made many phone with Time staffers. Several, speaking on a manity, to deny themselves the occasional calls on his reporter’s behalf. ‘‘There’s clear- not-for-attribution basis, argue that it’s too fortuitous tastes of this bliss.’’ ly a lot of resistance,’’ adds Murray, whose tough and say they hope to change Gaines’ To Kinsley, new rules restricting a report- newspaper forbids speaking to for-profit mind. He says that won’t happen, although er’s right to lecture for largesse don’t accom- companies, political action committees and he will amend the policy to allow paid plish much. anyone who lobbies Congress. ‘‘Everybody speeches before civic groups, universities and ‘‘Such rules merely replace the appearance likes John. But I couldn’t believe how many groups that are ‘‘clearly not commercial.’’ of corruption with the appearance of pro- people said—even people who I suspect have ‘‘Academic seminars are fine,’’ he says. ‘‘If priety,’’ he wrote. ‘‘What keeps journalists very little if any speaking incomes—that it’s some college wants to pay expenses and a on

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10356 CONGRESSIONAL RECORD — SENATE July 20, 1995 the straight and narrow most of the time is Brian Lamb, founder and chairman of C- paign letter. In an interview, he adds, ‘‘Given not a lot of rules about potential conflicts of SPAN, has a simpler solution, one that also the impact the media have on public policy interest, but the basic reality of our business has been adopted by ABC’s Peter Jennings, discussions, we should be willing to subject that a journalist’s product it out there for NBC’s Tom Brokaw and CBS’ Dan Rather ourselves to more scrutiny.’’ all to see and evaluate.’’ and Connie Chung. They speak, but not for This philosophy did not play too well with The problem, critics say, is that without money. the masses. As they paid campaign calls knowing who besides the employer is paying ‘‘I never have done it,’’ Lamb says. ‘‘It around town, Harwood and the Journal’s a journalist, the situation isn’t quite that sends out one of those messages that’s been Washington bureau chief, Alan Murray, clear-cut. sent out of this town for the last 20 years: could hardly help noticing that the disclo- Jonathan Salant, president of the Wash- Everybody does everything for money. When sure proposal did not excite enthusiasm. ‘‘I ington chapter of the Society of Professional I go out to speak to somebody I want to have was surprised,’’ Murray states flatly, ‘‘to Journalists, cites approvingly a remark by the freedom to say exactly what I think. I find out so many of my colleagues oppose the former Washington Post Executive Editor don’t want to have people suspect that I’m right thing to do.’’ Ben Bradlee in AJR’s March issue: ‘‘If the In- here because I’m being paid for it.’’ Yet only a handful of daily gallery mem- surance Institute of America, if there is such On February 20, according to the printed bers, the so-called celebrity journalists who a thing, pays you $10,000 to make a speech, program, Philip Morris executives from make substantial money from speaking en- don’t tell me you haven’t been corrupted. around the world would have a chance to lis- gagements, would likely have serious outside You can say you haven’t and you can say ten to Cokie and Steve Roberts at 7 a.m. income to disclose. (Harwood himself says you will attack insurance issues in the same while enjoying a continental breakfast. that he earned only $300 last year from an way, but you won’t. You can’t.’’ ‘‘Change in Washington: A Media Perspective outside source, for a speech he gave to the Salant thinks SPJ should adopt an abso- with Cokie and Steve Roberts,’’ was the World Affairs Council.) The vast majority of lute ban on speaking fees as it revises its schedule event at the PGA resort in Palm the gallery members are beat reporters who ethics code. Most critics want some kind of Beach during Philip Morris’ three-day invi- might reasonably resent what some see as an public disclosure at the very least. tational golf tournament. invasion of privacy. ‘‘What business of the Says the Wall Street Journal’s Murray, A reporter who sent the program to AJR gallery is it what my income is?’’ says Ste- ‘‘You tell me what is the difference between thought it odd that Cokie Roberts would phen Green, of Copley News Service, who somebody who works full time for the Na- speak for Philip Morris in light of the net- tional Association of Realtors and somebody also ran and lost. ‘‘People who are paying work’s new policy. Even more surprising, he who takes $40,000 a year in speaking fees your salary should decide whether you have from Realtor groups. It’s not clear to me thought, was that she would speak to a com- a conflict or not.’’ Alan Fram of The Associ- there’s a big distinction. I’m not saying that pany that’s suing ABC for libel over a ‘‘Day ated Press, the big winner, opposed disclo- because you take $40,000 a year from Real- One’’ segment that alleged Philip Morris sure partly on the ground that reporters are tors that you ought to be thrown out of the adds nicotine to cigarettes to keep smokers private citizens, not public officials. profession. But at the very least, you ought addicted. The case is scheduled to go to trial Fram and Green see ‘‘philosophical perils,’’ to disclose that.’’ in September. as Green put it, in ‘‘licensing’’ reporters by And so Murray is implementing a disclo- At the last minute, Cokie Roberts was a requiring them to reveal certain facts and sure policy. By the end of the year, the 40 no-show, says one of the organizers. ‘‘Cokie activities. ‘‘That opens up a door we don’t journalists working in his bureau will be re- was sick or something’’ says Nancy Schaub want to walk through,’’ says Fram. ‘‘What’s quired to list outside income in a report that of Event Links, which put on the golf tour- the next step? Voting registration?’’ will be available to the public. nament for Philip Morris. ‘‘Only Steve Rob- Of the three press galleries that accredit ‘‘People are not just cynical about politi- erts came.’’ reporters on Capitol Hill—the daily, peri- cians,’’ says Murray. ‘‘They are cynical Cokie Roberts won’t talk to AJR about odical, and radio-TV galleries—only the peri- about us. Anything we can do to ease that why she changed her plans. Perhaps she got odical press gallery requires members to list cynicism is worth doing.’’ Dick Wald’s message. all sources of earned income. This rule has Sen. Grassley applauds the move. Twice he ‘‘Of course, it’s tempting and it’s nice,’’ always applied to the periodical gallery, has taken to the floor of the Senate to urge Wald says of hefty honoraria. ‘‘Of course, largely because it receives more applications journalists to disclose what they earn on the they [ABC correspondents] have rights as from people who might be moonlighting as lecture circuit. private citizens. It’s not an easy road to go trade association lobbyists, government con- ‘‘It’s both the amount and doing it,’’ he down. But there are some things you just sultants, or corporate newsletter writers. says. ‘‘I say the pay’s too much and we want shouldn’t do and that’s one of them.’’ Harwood argues that he only wants the to make sure the fee is disclosed. The aver- daily gallery to do what the periodical gal- age worker in my state gets about $21,000 a [From the Columbia Journalism Review, lery already does: put the sources, not the year. Imagine what he or she thinks when a May–June 1995] amounts, of outside income on record for any journalist gets that much for just one WHERE THE SUN DOESN’T SHINE—FINANCIAL other gallery member to look up. He would speech?’’ DISCLOSURE FOR JOURNALISTS DOESN’T FLY go one step further, however, and make Public disclosure, says Grassley, would (By Jamie Stiehm) records available to the general public, not curtail the practice. just journalistic peers: ‘‘Put the judgment Disclosure is often touted as the answer. Journalists don’t like to politick on their out there.’’ Many journalists, such as Kinsley and Wall own behalf; they’d much rather cover poli- Would writing these things down prevent Street Journal columnist Al Hunt—a tele- tics as a spectator sport. But every so often anything impure from taking place? Maybe: vision pundit and Murray’s predecessor as a few souls in Washington are asked—if not environmental lawyers, for example, have bureau chief—have said they will disclose told—by their bureau chiefs to run for the found that the most effective laws are the their engagements and fees only if their col- prestigious Standing Committee of Cor- ‘‘sunshine’’ statutes that made certain pol- leagues do so as well. respondents in one of the congressional press luting practices less common simply by re- Other high-priced speakers have equally galleries. In the case of the daily newspaper quiring companies to report them. little enthusiasm for making the informa- gallery, this is an inner circle, democrat- Anyway, the results are in. Out of a field of tion public. ‘‘I don’t like the idea,’’ says ically elected, that makes important five, Harwood lost narrowly to the three win- ABC’s Greenfield. ‘‘I don’t like telling people logistical decisions affecting coverage of ners: Fram of AP, Sue Kirchhoff of Reuters, how much I get paid.’’ both Congress and the national political con- and Bill Welch of USA Today, none of whom But one ABC correspondent says he has no ventions. Hence the tendency of the bigger share his views. Is financial disclosure for problem with public scrutiny. John Stossel, newspapers and wire services to exercise journalists an idea whose time has come? If a reporter on ‘‘20/20,’’ voluntarily agreed to their clout to get their people in there. Harwood’s loss is a good sounding of the cur- disclose some of the ‘‘absurd’’ fees he’s So this year, chances are that if he had rent state of journalistic opinion, the answer earned. Last year and through March of this kept quiet, John Harwood of the Wall Street is: not yet. Journal, the only candidate from one of the year Stossel raked in $160,430 for speeches— Mr. BYRD. Mr. President, I yield the $135,280 of which was donated to hospital, ‘‘Big Four’’ national newspapers, would have scholarship and conservation programs. won. But instead, Harwood chose to ignite a floor. ‘‘I just think secrecy in general is a bad controversial issue that has divided the jour- Mr. MACK addressed the Chair. thing,’’ says Stossel, who did not object to nalistic community ever since Ken Auletta’s The PRESIDING OFFICER. The Sen- ABC’s new policy. ‘‘We [in the media] do September 12 New Yorker article made it the ator from Florida is recognized. have some power. We do have some influ- talk of the town: whether journalists should Mr. MACK. Mr. President, I am pre- ence. That’s why I’ve come to conclude I disclose to their peers and the public their pared to accept the amendment of the should disclose, so people can judge whether ‘‘outside income’’—that is, income earned distinguished Senator from West Vir- I can be bought.’’ from speeches and sources other than their ginia because it is the beginning, not (Stossel didn’t always embrace this notion day jobs. so enthusiastically. Last year he told AJR ‘‘I think it’s time we do a better job of dis- the end, and it is a sense-of-the-Senate he had received between $2,000 and $10,000 for closing the sort of potential conflicts we so resolution that will begin the process a luncheon speech, but wouldn’t be more pre- often expose in the case of public officials,’’ for a complete hearing on the matter. cise.) Harwood wrote to 2,000 colleagues in a cam- As I understand it, it is a sense-of-the-

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10357 Senate resolution that in essence calls There appears to be a sufficient sec- ator HATFIELD, Senator BYRD, Senator for a separate Senate resolution to be ond. MACK, and Senator MURRAY, in my offered in the future during the 104th The yeas and nays were ordered. view, have crafted a bill that reduces Congress that would in essence call for The PRESIDING OFFICER. Is there the amount we will spend on the legis- the Rules Committee to begin the proc- further debate? lative branch by over $200 million and ess of complete hearings on the issue. Mr. MACK. Mr. President, I suggest an amount which is $427 million below Mr. BYRD. The Senator is correct. the absence of a quorum. the fiscal 1995 budget estimate. Mr. MACK. Mr. President, while I The PRESIDING OFFICER. The This is an excellent piece of legisla- have indicated that I am prepared to clerk will call the roll. tion. It is certainly not perfect, but I, accept the amendment, I think it is The legislative clerk proceeded to again, congratulate the managers of fair to say that there are questions call the roll. the bill for an outstanding effort to re- with respect to the concept as it re- Mr. MACK. Mr. President, I ask duce spending on the legislative lates to members of the Senate Press unanimous consent that the order for branch. Obviously, it is where we must Gallery only, as I understand it. the quorum call be rescinded. begin if we are going to ask other sec- Mr. BYRD. It pertains only to the The PRESIDING OFFICER. Without tors of America to experience spending credentialing of members of the Senate objection, it is so ordered. cuts as well. I thank my colleagues. Press Gallery. The question is on agreeing to the Mr. DOMENICI. Mr. President, I Mr. MACK. I thank the Senator. amendment of the Senator from West want to share with the Senate my con- Mr. President, I do believe that sev- Virginia [Mr. BYRD]. The yeas and nays gratulations to the subcommittee, in eral of the points that the Senator have been ordered. The clerk will call particular the subcommittee chairman, from West Virginia made during his the roll. Senator CONNIE MACK, because we comments with respect to the amend- The legislative clerk called the roll. started out this year on our side of the ment were, in fact, on target, specifi- Mr. LOTT. I announce that the Sen- aisle—and I am very pleased this has cally the issue as to the power of the ator from North Carolina [Mr. HELMS] become bipartisan—with the sugges- press in choosing what to cover. There is necessarily absent. tion that if we are going to fix the fis- is a tendency for us in public life to cal policy of our Nation, we ought to hear—and I guess from time to time be- The PRESIDING OFFICER (Mr. start by fixing our own House, and we lieve—that we have been inaccurately DEWINE). Are there any other Senators ought to save some money for the tax- quoted. My own experience is that has in the Chamber who desire to vote? not really been a problem. The issue The result was announced—yeas 60, payers in terms of what we spend on which I think is important—the issue nays 39, as follows: the U.S. Senate. I happen to cochair our Republican which I think the publishers of news- [Rollcall Vote No. 312 Leg.] task force with my friend CONNIE papers have said themselves—is that YEAS—60 MACK. We recommended that we take the power of the press is really to Akaka Feingold Mikulski $200 million out of the Senate’s expend- choose what to cover and what not to Baucus Ford Moseley-Braun Bennett Glenn Murkowski itures out of the legislative budget. I cover. Bond Grams Murray My point for making this is that the am pleased to report that we were Boxer Grassley Nunn taken almost literally by the chair- individuals who are members of the Bradley Gregg Pell Press Gallery in the Senate, frankly, Breaux Harkin Pressler man. He saved $200.041 million. So if and from my perspective, are not the Bumpers Hatfield Pryor every subcommittee that was charged Burns Heflin Reid with reducing the expenditures of our ones that determine what is going to Byrd Hollings Robb be covered and what is not. Campbell Inouye Rockefeller Government looked to the budget reso- So I think that frankly there will Chafee Jeffords Shelby lution for its assumptions, or to what Coats Johnston Simpson my friend, CONNIE MACK, looked to—it have to be a complete hearing on the Cohen Kennedy Smith issue to make a determination about Conrad Kohl Snowe was a resolution by the Republicans to whether the Senate in fact should Craig Lautenberg Stevens take $200 million out—if everybody did Daschle Leahy Thomas their jobs that well, this would be a move on this concept. But at this Dole Lott Thurmond point, as I said a moment ago, I am pretty good year. Dorgan Mack Warner Frankly, I want to make one other prepared to accept the amendment. Faircloth McConnell Wellstone point. I am not saying that the budget Mr. BYRD. Mr. President, I thank NAYS—39 the distinguished Senator, the manager resolution assumption should be adopt- Abraham Feinstein Levin ed by any committee because I under- of the bill, for his comments and for his Ashcroft Frist Lieberman support in offering to accept the Biden Gorton Lugar stand the Budget Act said the appropri- amendment. Bingaman Graham McCain ators will make the final decision. It Mrs. MURRAY addressed the Chair. Brown Gramm Moynihan also said on the entitlement, the com- Bryan Hatch Nickles mittees that write the law change the The PRESIDING OFFICER. The Cochran Hutchison Packwood Chair recognizes the Senator from Coverdell Inhofe Roth law. If we do not start getting rid of Washington. D’Amato Kassebaum Santorum some agencies of our Federal Govern- Mrs. MURRAY. Mr. President, I have DeWine Kempthorne Sarbanes ment, some functions of the Govern- Dodd Kerrey Simon listened carefully to the words of the Domenici Kerry Specter ment, some programs of the Govern- Senator from West Virginia on his Exon Kyl Thompson ment, we are just putting off for another year what is inevitable. It will sense-of-the-Senate resolution and am NOT VOTING—1 also willing to accept the amendment just get worse, not better. Good pro- on the grounds that I see it as the pre- Helms grams will have to be reduced, rather cursor to having a hearing on this so So the amendment (No. 1802) was than those that are marginal and per- that all sides can be aired. I would agreed to. haps not needed. want to make sure that we were not Mr. BYRD. Mr. President, I move to Why do I state that? Because in this precluding anyone’s ability to be in the reconsider the vote by which the appropriations bill, this subcommittee Press Gallery with this kind of amend- amendment was agreed to. has succeeded in doing away with one ment. I think those kinds of questions Mr. LEAHY. I move to lay that mo- of the many service organizations that and answers can be gathered. I under- tion on the table. help the U.S. Senate do its work. As I stand that is what this amendment is The motion to lay on the table was understand it, over a 2-year phase, we trying to attain and with that would agreed to. will eliminate what we recommended not object to it. Mr. MCCAIN addressed the Chair. in our early resolutions to the sub- Mr. BYRD. Mr. President, I thank The PRESIDING OFFICER. The Sen- committee. We will be getting rid of the minority manager. I ask for the ator from Arizona. one of those service organizations, is yeas and nays. Mr. MCCAIN. Mr. President, I com- that not correct? The PRESIDING OFFICER. Is there a mend the Appropriations Committee Mr. MACK. That is correct. I just say sufficient second? for bringing this bill to the floor. Sen- to the Senator that there probably will

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10358 CONGRESSIONAL RECORD — SENATE July 20, 1995 be an amendment proposed later in the At the appropriate place, insert the fol- Legislative Branch appropriations, Military morning, or in the early afternoon, to lowing new section: Construction appropriations, Transportation restore the Office of Technology As- SEC. . CAMPAIGN FINANCE REFORM. appropriations, Treasury and Postal appro- sessment. (a) FINDINGS.— priations, and Veterans Affairs, Housing and Urban Development, and Independent Agen- Again, we did take the direction from Mr. FEINGOLD. Mr. President, I ask cies appropriations, reauthorization of the both the early resolution by our con- unanimous consent that reading of the Older Americans Act, reauthorization of the ference but also the budget resolution amendment be dispensed with. Individuals with Disabilities Education Act, that said, if we are going to meet this The PRESIDING OFFICER. Without health care reform, job training reform, target, we are going to have to make objection, it is so ordered. child support enforcement reform, tax re- not only reductions, but we are going The amendment is as follows: form, and a ‘‘Farm Bill’’ should be consid- to have to eliminate some of the agen- At the appropriate place, insert the fol- ered. cies, and we have done that. I thank lowing new section: Mr. MACK. Mr. President, I suggest the Senator for his help on that. SEC. . CAMPAIGN FINANCE REFORM. the absence of a quorum. Mr. DOMENICI. Mr. President, I am (a) FINDINGS.—The Congress finds that— The PRESIDING OFFICER. The not prejudging that vote. I am speak- (1) the current system of campaign finance clerk will call the roll. ing to the bill as it currently is. I was has led to public perceptions that political The bill clerk proceeded to call the a member of the appropriations com- contributions and their solicitation have un- roll. duly influenced the official conduct of elect- Mr. MACK. Mr. President, I ask mittee that voted to sustain their work ed officials; with reference to the service organiza- (2) the failure to limit campaign expendi- unanimous consent that the order for tion we say we should get rid of over 2 tures in any way has caused individuals the quorum call be rescinded. years. I hope that the U.S. Senate, elected to the United States Senate to spend The PRESIDING OFFICER. Without every time we have an issue like this— an increase portion of their time in office objection, it is so ordered. and it will come up today—that we not raising campaign funds, interfering with the Mr. MACK. Mr. President, I ask always think how can we save it and ability of the Senate to carry out its con- unanimous consent that Senator FEIN- make sure it is still around and look at stitutional responsibilities; GOLD be recognized to speak for up to (3) the public faith and trust in Congress as 20 minutes on the pending amendment, it again. an institution has eroded to dangerously low Sooner or later, you have to make levels and public support for comprehensive No. 1803, to be followed by 20 minutes decisions that you do not need every- congressional reforms is overwhelming; and for debate prior to a motion to table thing, everything in the budget, and (4) reforming our election laws should be a under the control of Senator MCCAIN, that the Senate does not need every- high legislative priority of the 104th Con- and that following the conclusion or thing that currently serves the Senate. gress. yielding back of time, Senator DOLE or If you do not start doing that, then I do (b) SENSE OF THE SENATE.—It is the sense his designee be recognized to make a not believe we have a lot of credibility. of the Senate that as soon as possible before motion to table the Feingold amend- the conclusion of the 104th Congress, the ment, and that no further amendments I do not believe the American people United States Senate should consider com- are going to buy it for a minute that prehensive campaign finance reform legisla- be in order prior to the motion to we ought to be cutting other programs, tion that will increase the competitiveness table. and we cannot get rid of one organiza- and fairness of elections to the United States The PRESIDING OFFICER. Is there tion that helps us do our job. Senate. objection? Without objection, it is so Sooner or later, we have to be exam- AMENDMENT NO. 1804 TO AMENDMENT NO. 1803 ordered. ples, and it has to be real, not rhetoric. (Purpose: To express the sense of the Senate Mr. MACK. Mr. President, I further I commend the subcommittee and its in regard to the consideration of certain ask that once the motion to table is chairman. I hope the debate will center legislative issues) made, the amendment be laid aside around, can we really do with less and Mr. MACK. Mr. President, I send an until 2:30 in order to consider other still do our jobs? I believe we can. I do amendment to the desk and ask for its amendments. not see any shortage of professional immediate consideration. The PRESIDING OFFICER. Is there talent helping us around here, sci- The PRESIDING OFFICER. The objection? Without objection, it is so entific or otherwise. We have so many clerk will report. ordered. groups of science institutions that can The bill clerk read as follows: Mr. FEINGOLD addressed the Chair. help us, I do not know that we need our The Senator from Florida [Mr. MACK], for The PRESIDING OFFICER. The Sen- own $22 million science service organi- Mr. MCCONNELL, proposes an amendment ator from Wisconsin. zation. That is what the issue will be. numbered 1804 to amendment No. 1803. Mr. FEINGOLD. I thank the Chair. I I yield the floor and thank the chair- In lieu of the language proposed to be in- thank the Senator from Florida for his man for his work and his ranking mem- serted, insert the following: cooperation. I am working on an agree- It is the sense of the Senate that before the ber for her diligent work. ment on this amendment. conclusion of the 104th Congress, comprehen- I have offered this amendment today AMENDMENT NO. 1803 sive welfare reform, food stamp reform, concerning the need for campaign fi- (Purpose: Expressing the sense of the Senate Medicare reform, Medicaid reform, superfund that the 104th Congress should consider reform, wetlands reform, reauthorization of nance reform because I firmly believe comprehensive campaign finance reform the Safe Drinking Water Act, reauthoriza- that there is a broad majority of Sen- legislation) tion of the Endangered Species Act, immi- ators on both sides of the aisle who be- Mr. FEINGOLD. Mr. President, I send gration reform, Davis-Bacon reform, State lieve our campaign finance laws are in an amendment to the desk and ask for Department reauthorization, Defense De- need of significant repair. its immediate consideration. partment reauthorization, Bosnia arms em- My resolution asks the Members of bargo, foreign aid reauthorization, fiscal The PRESIDING OFFICER. The the U.S. Senate whether they believe year 1996 and 1997 Agriculture appropria- we have a seriously flawed system of clerk will report. tions, Commerce, Justice, State appropria- The bill clerk read as follows: tions, Defense appropriations, District of Co- campaign financing and whether they believe we should consider changing it The Senator from Wisconsin [Mr. FEIN- lumbia appropriations, Energy and Water GOLD], for himself, Mr. MCCAIN, Mrs. FEIN- Development appropriations, Foreign Oper- during the 104th Congress. STEIN, Mr. JEFFORDS, Mr. WELLSTONE, Mr. ations appropriations, Interior appropria- It is a simple proposition, but I think BRADLEY, Mr. SIMON, Mr. BIDEN, Mr. LEAHY, tions, Labor, Health and Human Services it is a very important one. I could not Mr. AKAKA, and Mr. GRAHAM, proposes an and Education appropriations,—— be more delighted that this resolution amendment numbered 1803. Mr. FEINGOLD. Mr. President, I ask has bipartisan support in its cosponsor- Mr. FEINGOLD. Mr. President, I ask unanimous consent that reading of the ship. It includes the Senator from Ari- unanimous consent that reading of the amendment be dispensed with. zona [Mr. MCCAIN], the Senator from amendment be dispensed with. Mr. MACK. I object. California [Mrs. FEINSTEIN], the Sen- Mr. MACK. I object, Mr. President. The PRESIDING OFFICER. The ator from Vermont [Mr. JEFFORDS], the The PRESIDING OFFICER. The clerk will continue reading. Senator from Minnesota [Mr. clerk will continue reading. The bill clerk continued reading as WELLSTONE], the Senator from Illinois The bill clerk read as follows: follows: [Mr. SIMON], the Senator from Vermont

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10359 [Mr. LEAHY], the Senator from New the ability to raise nearly $6 million can approach this problem in a bipar- Jersey [Mr. BRADLEY], the Senator for a campaign, then the current sys- tisan manner. from Delaware [Mr. BIDEN], the Sen- tem, of course, accommodates you. If On another front, Mr. President, the ator from Florida [Mr. GRAHAM], and you are independently wealthy and if set of figures recently released by the the Senator from Hawaii [Mr. AKAKA]. you decide you would like to use your FEC gives us some telling data, sur- Mr. President, this resolution does wealth to run for elective office, as the prising data. For example, contribu- not propose any specific reforms. It current trend seems to me, then the tions by political action committees to does not mention spending limits or current system also accommodates all congressional candidates back in public financing or PAC contributions you. 1990 totaled $149 million. Now, this or any of the other proposals that have If you are a schoolteacher and serve went up slightly in 1992 to $178 million been connected in the past with cam- part time in the city council and decide but stayed in 1994 at $178 million. So, paign finance. It merely says that you would like to run for the U.S. Sen- Mr. President, PAC contributions, even sometime during the next year and a ate, then the current system tells you though many people would like to see half this Chamber should consider leg- that based on your income level, em- them eliminated, have been fairly level islation that will restore a greater de- ployment status, and other such fac- over the past three election cycles. gree of fairness and competitiveness to tors, you are automatically a long-shot On the other hand, and this is what the elections that are involved to elect candidate. Your positions on the issues really shocked me, contributions and people to the Senate. are at best secondary. Your experience loans from candidates themselves—in Why is this necessary? It seemed that as a teacher and your record on the other words, those who contribute to significant campaign finance reform city council is secondary. Why? Be- their own campaigns—increased at a was going to be achieved in the 103d cause you lack substantial campaign rate of 37 percent from the 1992 level. Congress. Unfortunately, the effort fell funds, or a war chest as it is called So personal contributions to your own apart as House and Senate negotiators now, that will inhibit you from getting campaign is now sort of the new were unable to bridge their differences. your message across to a statewide growth industry in the area of cam- I am the first to say there was blame electorate. This makes you a long shot, paign financing. on the part of both parties for this fall- and the thought of not running at all That means the greatest increase in ing apart, but I am offering this resolu- has to cross your mind. campaign financing comes from can- tion today because there has not been This has to change. Unfortunately, didates that finance themselves. That any sort of indication that the Senate despite the nearly universal agreement translates into an electoral system tai- will be considering this issue either that something needs to be done to lored only for those who either have this year or next year. It is not even curtail campaign spending and improve access to a large base of campaign con- mentioned in the Republican contract. the election process, time and time tributors or another group, those who It is not on the majority leader’s list of again Congress fails to pass the needed have the personal wealth and means to items we need to do before the August legislation. So I offer this resolution afford an expensive political campaign. recess. I am afraid that it might not today because there needs to be, first Either way, again, the schoolteacher even be on the list of the things we of all, a clear statement that campaign that serves on the city council is be- need to do before the turn of the cen- finance reform should be on the agenda coming increasingly less likely to have tury if we do not pass some kind of res- for this Congress. It is not even men- any chance at all of seeking this office olution. tioned, as I said before, in the Repub- and attaining it. It is clear that the campaign spend- lican contract, and we need to figure Mr. President, not too long ago, I ing in our political system is spiraling out a way to get it onto the agenda. heard one of the candidates for Presi- out of control. The FEC recently re- The only effort that has been made in dent, the Senator from Texas, say leased some startling numbers with re- the whole Congress this session on something that I found kind of fas- spect to the level of spending in the campaign finance reform was to take cinating. Announcing his bid for the 1994 elections. According to the FEC, away the campaign finance system we Republican nomination to the White the 1994 elections were the most expen- have that has helped make Presidential House in 1996, the Senator from Texas sive in history, sporting a price tag of elections more fair. Thankfully, we de- stated that he had the most reliable $724 million. That is a 62-percent in- feated that effort, and we did it on a bi- friend you can have in American poli- crease—Mr. President, a 62-percent in- partisan vote. It is now time to refocus tics, and that is ready money. crease—from aggregate spending just 4 our efforts on fixing the congressional There was a time when the most reli- years earlier in 1990. system and to find answers to a dis- able friend you could have in politics The effect of this escalation in spend- turbing question. That is, how, Mr. was a strong record on the issues, sub- ing to me is a sort of politics of exclu- President, can we expect ordinary stantial grassroots support, or maybe sion as it becomes increasingly dif- Americans to run for elected office even the endorsement of a large news- ficult for average working Americans when the price tag is literally, literally paper in your State. But a candidate to run for public office. It is very dis- millions of dollars and the costs esca- for the Presidency has indicated that tressing that candidates are first and lated at a rate of over 60 percent in the he may be the best candidate in 1996 foremost judged on their fundraising past 4 years? not because of his stance on the issues, ability and their personal wealth rath- I know recently there was a hand- not because of his popularity with the er than their merits as candidates. I shake between the Speaker of the other voters in his party, but because he has think most of us would agree that the body and the President about a com- the most money, or at least did at that democratic political system should en- mission. I noticed there was no Mem- time, of the eligible candidates. courage individuals to run for elective ber of this body who was a party to Those remarks are simply an accu- office but that is not what our current that agreement, so it did not terribly rate portrayal of what our election sys- system does. impress me in part for that reason. But tem has become. It is not so much If anything, the current system sends the Speaker recently just backed off of about your stance on the issues or the a message that political campaigns are that anyway, so let us not assume that speeches you give on the campaign expressly reserved for the very few who any sort of commission will even be trail or even the countless volunteers have the ability to do what the current created let alone believe that it will that the Senator from Minnesota and I system requires of them to run an ef- make a difference. remember so well from our campaigns fective campaign, and we all know it. There is no reason at all for this body who usually sit in unairconditioned of- The message we get is that if you cannot to move forward on this. We cannot fices all day stuffing envelopes for you. not raise and spend millions of dollars, pretend that this is not a pressing Sadly enough, our election system you are not really an effective or viable problem, and we cannot pretend that has become all about money—who has candidate. we do not know how to deal with it. it, who can raise the most, and who can If you are a powerful member of the Congress has to demonstrate to the spend the most. It is no longer one per- Senate Appropriations Committee, as American people that it can act re- son, one vote. It is more $1, one vote, was my opponent in 1992, and you have sponsibly and decisively and that it or $1 million, 1 million votes.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10360 CONGRESSIONAL RECORD — SENATE July 20, 1995 I was a supporter last year of S. 3, More recently, in January 1993, the you, Mr. President, Senator Mitchell the campaign finance reform bill, and now majority leader stated: always granted me that vote. that bill was filibustered. I did not be- Just as Congress needs reforming, so, too, For us to start in with parliamentary lieve that it was a perfect bill, but on does the way in which you are elected to maneuvering not allowing people who balance I believe it represented a sub- Congress. And today, as we have done before, have a reasonable amendment with an stantial improvement over the current Senate Republicans will be introducing legis- agreement for a reasonable time frame, system and it clearly would have in- lation to reform our campaign finance sys- I think is a betrayal, frankly, of what stalled a level of fairness back into our tem.... we were seeking over the last 12 years Again, this is an area in which I think we campaign system. are going to need bipartisan effort if we are in my experience in the minority. The On the first day of the 104th Con- to have a meaningful campaign finance re- Senator from Wisconsin spent all day gress, I introduced S. 46, another at- form bill.... yesterday on the floor waiting to be tempt to try to reform our campaign So I hope that we can maybe impose some recognized. The Senator from Wis- system. I do not hold out any false deadline—30, 60 days—for Democrats and Re- consin was willing to have a reasonable hopes that my bill will become law in publicans to work out a bipartisan package. time agreement so he could get a sim- the near future. That is why I am cer- The majority leader then went on to ple sense-of-the-Senate resolution be- tainly willing to compromise on this say: fore this body with an up-or-down vote issue and to work with my colleagues If ever there was an issue that cried out for on it or a tabling motion. on both sides of the aisle to write a bill bipartisan cooperation, it is campaign fi- Now, it seems to me—it seems to that will somehow get us off the road nance. Senator Boren of Oklahoma and Sen- me—that if we are going to conduct we are on of further protecting incum- ator McConnell of Kentucky are this Cham- business around here with comity, if bents and encouraging multimillion ber’s acknowledged campaign finance reform someone has a reasonable request—a experts. Perhaps if Senator Mitchell and I dollar campaigns. reasonable request—we should grant I do, however, in working with the gave them 30 days to get together and ham- mer out a comprehensive reform proposal, that request. Now, this was a sense-of- Senator from Arizona, who has been a they would succeed. the-Senate resolution about a strongly tremendous partner in this issue, be- And, finally, Mr. President, simply a held view by the Senator from Wis- lieve that certain principles have to be copy of the front page of S. 7, which is consin. And I hope in the future we can included. A good bill has to provide in- the legislation by the majority leader avoid this kind of thing and sit down centives to keep campaign spending and say, OK, what will the arrange- down to a reasonable level, and it has and many other Members on the other side of the aisle calling for Federal ments be? If not today, next week or to provide some sort of assistance to next month or even next year. But fill- legitimate but underfunded chal- campaign finance reform. So it is clear that the other side is on ing up the tree with parliamentary ma- lengers, so that our elections will in- neuvering, I think, is beneath us. deed be competitive and fair. I also record in favor of doing this. Let me simply reserve the remainder I want to make one additional point, want to see candidates raise more of of my time at this point and say that Mr. President, if I may. Campaign fi- their funds in their own home States this is the amendment which we nance reform is something that the rather than constantly crisscrossing worked, on a bipartisan basis, to put American people want. In 1994 the the country looking for funding from American people said, ‘‘We do not like the west to the east coast. together that can at least start us on the real road to campaign finance re- the way you do business in Wash- Mr. President, for the past several ington. We do not like the way you do months, the Senate has been diverting form, not just a resolution, not just a commission, but a true bipartisan ef- business.’’ And they also said, ‘‘We do almost all of its attention to the Re- not like the way you get there.’’ I publican Contract With America. This fort that I hope will bear fruit. know, that message was clear. And I was the campaign that said, ‘‘Put us in Mr. President, how much time do I am confident, because I believe in rep- power and we will change the way have remaining? resentative government, Mr. President, Washington does business.’’ But it is The PRESIDING OFFICER (Mr. that sooner or later we will address disappointing again that this subject CAMPBELL). The Senator has 6 minutes this issue, because it is the will of the has not really come up. How can you 8 seconds. people. They do not like what is going change ‘‘business as usual’’ without Mr. FEINGOLD. I yield 5 minutes to on. Now we may make it worse, I do suggesting that we need to change the the Senator—may I withhold? not know. I think we can make it bet- outrageous degree of fundraising, the Mr. MCCAIN. Will the gentlemen ter. But no average citizen in America disproportionate influence of out-of- yield 3 minutes to me? State special interests, and the lack of The PRESIDING OFFICER. The Sen- believes that the system under which competitive challengers to well-placed ator from Arizona has 20 minutes under we elect Presidents of the United incumbents? the unanimous-consent agreement. States and the system under which we Though it was not part of the con- Mr. MCCAIN. OK. elect representatives to Congress is a tract, I know there are Members on the Mr. FEINGOLD. I yield the floor. fair and equitable system, because of other side of the aisle who truly are Mr. MCCAIN. Mr. President, I yield the role that money plays in these committed to comprehensive campaign myself whatever time I may consume. campaigns. While my friend from Florida is here, finance reform. And I continue to be- If I could just, as an aside, say to my lieve that we can have a bipartisan re- I want to talk about two aspects of this friend from Wisconsin—just an aside— form bill. In fact, Mr. President, just situation. One is what just transpired if he is going to quote Republicans look at very recent history. We have that brought us to this time agree- now, it would be fair if he quoted the had statements by the Senator from ment. As my colleague from Florida latest deal that people can have that Kentucky indicating: knows, I served 12 years in both the the Democratic National Committee House and the Senate in the minority The 102nd Congress is faced with many gave if you want to have breakfast challenges, not the least of which is ensuring status. And one of the things that frus- with the President or meetings with the credibility of this institution and the trated me enormously as a member of the President, all those good deals. Let electoral process of our Nation. To that end the minority was that I was unable to us put some balance in this now. Let us I [Senator McConnell], along with the Senate get issues that were important to me not make it a partisan issue. There are Republican leader, Senator Dole . . . am in- and my constituents before this body. egregious activities on both sides on troducing the Comprehensive Campaign Fi- I will say that the previous majority this issue. nance Reform Act. This bill is the most leader on the other side of the aisle, on But getting back to the fundamental sweeping legislation ever put forth on this issue. [This reform act] would restore integ- numerous occasions I went to Senator point, I do not believe, Mr. President, rity and competitiveness to our electoral Mitchell and said, ‘‘Senator Mitchell, I that 1 or 2 or 5 or 10 Senators will be process while preserving constitutional want a vote on this issue. I’ll be glad to able to block the will of the American rights and our 200-year-old democratic free- agree to a time agreement. I will be people. doms. glad to have whatever parameters you Now, what the Senator from Wis- That is from January 1991, by the decide so as not to interfere with the consin and I are seeking to do is set Senator from Kentucky. functioning of this body.’’ I will tell forth

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10361 a framework, which we will be intro- the part of the Senator from Arizona in type of corruption where too few people ducing this week, for campaign finance his willingness to try to make sure a have too much wealth and power. That reform that has the fundamental ele- Member of the minority party and him- is what is skeptical, cynical about pub- ments that we believe are the will of self have an opportunity to raise an lic affairs, and all of us, Republicans the American people. We want to en- issue of this kind. and Democrats alike, have the strong- gage in a debate. We want—it is not a That is exactly the kind of conduct est possible self-interest in having your perfect document—we want to engage that the American people have been citizens really believing in politics and in the kind of consensus building that crying out for, and it has been a tre- public affairs. But when people see this will lead us to a fundamental reform of mendous experience for me to know influence of money, they become very the system that most Americans think that in this body, that people assume is cynical. is broken. And I think we have that obso partisan, that these kinds of experi- Mr. President, it also has a lot to do, ligation. I would like to work with all ences do and can occur. unfortunately, with representation or of my colleagues and any of them on So I want to thank him at this point, lack of representation. I remember this issue. But I greatly fear that un- and I look forward to working with during the telecommunications bill— less we do this, unless we embark on him on this issue. and I am not trying to pick on any this very difficult effort, the American The PRESIDING OFFICER. Does the group of people—but the reception people will lose further confidence in Senator from Wisconsin yield the room was packed with people. Some us and their system of government and floor? people just march on Washington every the way we select our leaders, whether Mr. FEINGOLD. I do yield and re- day, they are lobbyists or others, they it be a Presidential campaign or any serve the remainder of my time. represent a lot of big money, they other. The PRESIDING OFFICER. Who make big campaign contributions. So, I think it is an important issue, yields time? I have to say, when we talk about and I think the Senator from Wis- Mr. FEINGOLD. Mr. President, how low-income energy assistance, which I consin had the right to see at least much time do I have? think we will be talking about, cuts in what the will of the Senate is here. The PRESIDING OFFICER. The Sen- low-income energy assistance or nutri- Maybe his motion will be tabled. I do ator has 5 minutes 20 seconds. tion programs for children, whatever, not know. But the fact is that we need Mr. FEINGOLD. I yield 4 minutes to you never see that mix of money and to get about addressing this issue, and the Senator from Minnesota. politics. Those citizens are just as we proved in the last few years that we The PRESIDING OFFICER. The Sen- much citizens as any group of citizens cannot do it on a partisan basis. It has ator from Minnesota has 4 minutes. having the same representation. I to be on a nonpartisan basis. Mr. WELLSTONE. Mr. President, I think something is terribly wrong. So, Mr. President, I have introduced Mr. President, I thank my colleagues am very pleased to be an original co- bills in the past, I have introduced a and I want to thank whoever worked sponsor of this amendment with the bill this Congress, offered amendments, out the agreement for this time agree- Senator from Wisconsin and the Sen- and have given enough speeches about ment and the tabling motion to give ator from Arizona. As I understand the the need for campaign finance reform. I the Senator from Wisconsin an oppor- amendment, it really says nothing say to the Senator from Wisconsin, I tunity to get a vote on this issue as to more than we should, during this Con- am proud to be part of this effort. I what the will of the Senate is. gress, take up this issue of campaign fi- think we ought to pass this bill, and we Mr. FEINGOLD. Will the Senator nance reform. It is an extremely rea- ought to pass it this Congress. I think from Arizona yield for a question? sonable amendment, one I think that it is the strongest and most important Mr. MCCAIN. Yes; I will be glad to should engender the support of Demo- thing we can do. yield to the Senator from Wisconsin. crats and Republicans. I also have to tell you, Mr. President, Mr. FEINGOLD. Let me, first of all, A very good friend of mine who is that from my own point of view—Mr. ask the question and say that I fully going to be leaving the Senate, PAUL President, how much more time do I agree with the Senator from Arizona SIMON, wrote a book not too long ago, have? and I had a chance to read a rough that it certainly would not be accurate The PRESIDING OFFICER. The Sen- to assign to only one party the blame draft. The first chapter was on cam- ator has 20 seconds. on this issue. In fact, in my comments paign finance reform. I said to the Sen- Mr. FEINGOLD. May I intervene here I indicated that this thing went down ator, ‘‘That should have been the first to say to the Senator from Minnesota, last session not just because of a Re- chapter, because this is really the root if he will yield for a moment, the Sen- publican filibuster but also, I think, be- issue.’’ ator from Arizona has some additional cause of substantial Democratic oppo- I think it is the root issue and really time which he has indicated he will be sition in the other body. That has to be the root problem for several reasons. I willing to yield to the Senator from said. There have been many different only have 4 minutes today, but we will Minnesota, if the Senator wants more analyses of what happened on Novem- be coming back to this over and over time. ber 8, but I ask the Senator from Ari- again, because I think we are going to Mr. WELLSTONE. I thank the Sen- zona if he does not think in part the insist on this reform during this Con- ator from Wisconsin. I think probably 5 problem of the Democrats had to do gress. minutes more will be fine. with the failure to reform this system First of all, it is a root issue, Mr. Mr. FEINGOLD. Mr. President, I ask when they were in control? President, because I think, in a way, unanimous consent that 5 minutes of Mr. MCCAIN. I agree with my col- this mix of money and politics, which the time of the Senator from Arizona league on that. But I also think there really becomes the imperative of be given to the Senator from Min- is no doubt that on both sides of the American politics, if you will, this nesota. aisle there was such a strong pref- money chase, it undercuts democracy The PRESIDING OFFICER. Without erence for the status quo that clearly and it undercuts democracy for two objection, it is so ordered. The Senator the issue was not given the priority reasons. from Minnesota has 5 minutes of the that it deserved, which I think was the First of all, it undercuts the very time of the Senator from Arizona. primary reason for its failure. I will idea that each person in Colorado, Min- Mr. WELLSTONE. I thank the Sen- say, it was a bipartisan failure as well. nesota, Washington, or Florida should ator from Wisconsin. Mr. President, I reserve the remain- count as one and no more than one, be- I say to my colleague from Wis- der of my time. cause that is not really what is going consin, I view all of these reform ef- Mr. FEINGOLD. Mr. President, I will on any longer to the extent that big forts—the gift ban and lobbying disclo- take a moment of my time. I want to money has such a dominant influence sure, which we take up on Monday, and comment, in light of the comments of in politics. the campaign finance reform—to be the Senator from Arizona. I have only Second of all, it undercuts democracy just critical measures, because I think been here 21⁄2 years, but I have never because it represents corruption, but people have to believe in this process seen a greater demonstration of bipar- not the corruption of individual office- or they are not going to believe in the tisanship and courage as I have seen on holders, but rather a more systemic products of this process.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10362 CONGRESSIONAL RECORD — SENATE July 20, 1995 I think people feel that politics has yearn for a political process they can speak out on the important issues of become a game they cannot play. I believe in. What better thing could we the day. I commend the Senator for the think people feel like this is a political do than to take up campaign finance amendment, and I urge its adoption. process that does not represent them reform, along with gift ban and lob- Mr. FEINGOLD. I thank the Senator. well. I think people feel like only a few bying disclosure, and pass a reform bill As I look at Senator MURRAY and the people are well represented in politics. of which all of us can be proud. Senator from Minnesota, I know we We have to make our political proc- Mr. FEINGOLD addressed the Chair. were all serious candidates. But we ess more accountable, more honest, The PRESIDING OFFICER. The Sen- know that among the things that got more open, with more integrity, and I ator from Wisconsin. attention were things like Senator cannot think of a better way to do it Mr. FEINGOLD. I ask unanimous MURRAY’s tennis shoes and I had a blue than to take strong action and pass a consent that I may be yielded such van with an Elvis Presley ‘‘endorse- comprehensive gift ban and lobbying time as I may require, on the time of ment.’’ The Senator from Minnesota disclosure bill next week—I know we the Senator from Arizona. had a green bus. I think those were fine are going to have spirited, long, hard, The PRESIDING OFFICER. Without and they had to do with a serious proc- tough debate about that—and, in addi- objection, it is so ordered. ess that was connected with it. I do not tion, pass this campaign finance reform Mr. FEINGOLD. Mr. President, I think it should be necessary for some- bill sometime this Congress. Again, the thank the Senator from Minnesota. He body to just happen to hit the right only thing this amendment says is we and I have worked together on many moment and right sense of the people should take this up. issues. We sat down, as he indicated, in in their State. We ought to be able to Mr. President, I will make one final the beginning of this Congress and list- get our message out with fairness and point. I am now up for reelection. I was ed a couple of our top priorities of what equality. so hoping we could pass a campaign fi- we would like to see happen here. At As I look at the Senators, I want to nance reform bill. I absolutely hate the the very top of the list was our shared compliment the Senator from Wash- system and the way in which we have belief that if there is anything that ington in helping us get this agree- to raise money. I think almost every needs to be changed in this country, it ment. She is trying to get this appro- single Senator does. is the way we finance campaigns. Three priations bill approved. She is man- I said in Minnesota, and for several Members of this body, including the aging it for the Democratic side. We years, I will only raise $100; if nothing Senator from Minnesota, myself, and did want to get this on other bills, as changed, I will have to raise money to the Senator from Washington, Senator we indicated. We thought there were run against other people. With all the MURRAY, did get elected even though perhaps slightly more appropriate ve- ads on TV, communications becomes we were not Members of Congress and hicles, such as the telecommunications the weapon of electoral conflict and all were not personally wealthy. But we bill. This is where you get the daunting of us end up having to do that. all know we are the exceptions to the nature of the task and the discourage- But, quite frankly, all of us ought to rule. ment of candidates. If you look at the get together in a bipartisan way once Mr. WELLSTONE. How does the Sen- contributions in the report of Common and for all to pass a reform bill that ator know that I am not personally Cause on the telecommunications bill, really would, I think, make this polit- wealthy? among the levels of contributions to ical system operate in a much more ef- Mr. FEINGOLD. I saw the recent re- Members of this body from groups in- fective way, not just for Democrats and ports on the Members of the Senate. volved with that bill, one Senator re- not just for Republicans, but for all the You were not high on the list. I regret ceived $273,000. Many others received in people in this country. I think that is to say that neither was I. the one hundred ninety thousands and critically important. Mr. WELLSTONE. I stand corrected. in the one hundred seventy thousands. We have gone through this debate be- Mr. FEINGOLD. We all had cam- There are over 20 people who got over fore and, quite often, any time there is paigns that people watched. Do you $100,000 in campaign contributions in any kind of campaign finance reform know why? Because we were not sup- connection with that issue. bill, people say, even if there is a min- posed to win, because of big money. We thought that would be a good bill imum amount of public money—maybe Even though we happen to be sitting to do it on, but people urged us to let we can do without any—even if there is here and it is a wonderful thing to have that bill alone. Now the regulatory re- a minimum amount, people say this is this opportunity, there are thousands form bill—that is the one on which I food stamps for politicians. and thousands of Americans as well spent a lot of time here trying to at- It is not. The elections do not belong qualified as any one of us who decided tach it to. I heard one Senator in this to the politicians, they belong to the not to get into the fray because of the body say that in the 23 years he has people back in our States. I think the money, because of the absolutely been here, he has never seen the busi- Senator from Arizona is absolutely on daunting nature of the amount of ness community more unified on an the mark when he says that one of the money that is required to run for the issue. That is sort of good news and bad strong messages that has come from U.S. Senate. news. Of course, we all want to be people—it came in the 1990 election in Mrs. MURRAY. Will the Senator probusiness when we can, but when you Minnesota; it came in the 1992 election yield? have complete unanimity in the busi- the Senator from Wisconsin was in- Mr. FEINGOLD. Yes. ness community, I think sometimes volved in; and the 1994 election—is peo- Mrs. MURRAY. I compliment the you have to take a look at the other ple want to see change, people want to Senator on his amendment that comes side, and what people who might be af- see reform. before us today and for his persever- fected by it would do. The report of So, Mr. President, I hope that all of ance on this critically important topic Public Citizen, again, shows enormous my colleagues will vote for this amend- of campaign finance reform. levels of contributions, Senators re- ment. This amendment just says we Let me just say that I agree with ceiving over $300,000 in contributions make a commitment to bring this you. We need more people running for from the interests in that issue, and question up. We make a commitment, office in this country. We need the best many others in the $200,000 or $100,000 Democrats and Republicans together, and the brightest. It is indeed a sad category. That is just an interest relat- to introduce a bill and to pass this leg- note that people decide not to run, not ing to that one particular bill. So we islation. I think this amendment ought to be here, simply because the decided to use this bill as a vehicle to to receive 100 votes because, quite daunting task of raising millions of make this simple statement. I believe, frankly, I think that is the sacred trust dollars overwhelms them. That is not, Mr. President, that this is the begin- we have of people in our country. They to me, what this country is about or ning. want us to make this change. They what democracy is about. People often say, what is the point of want more democracy, not less. They Until we reform the campaign fi- a sense-of-the-Senate resolution? Well, want more opportunities for people to nance laws and level the playing field, what we are trying to do, as the Sen- run for office. They want more open- we are not going to get back to a point ator from Arizona knows, is to try to ness in the political process. They that allows everyone to be here and to take the first step. You have to take

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10363 the first step, which is to get every- care a thing about politics and never I think also we need to keep our eye on body on record either for or against the contributed a nickel to anyone. We the ball. A lot of these other issues do concept of campaign finance reform. It cannot do that, because we cannot get not mean a great deal to the American is regrettable that we are a quarter of the votes on the other side. people, too. the way through the 104th Congress We have welfare reform to take up. It AMENDMENT NO. 1805 and we have not even taken that first will take a long time. I just suggest (Purpose: To stop the practice of hiring step. that this may be a matter of great pri- elevator operators for automatic elevators) But I hope today, when the tabling ority with a few Members of the Sen- Mr. BROWN. Mr. President, I rise to motion is made, that the Members con- ate. It does affect all Members. We can offer an amendment and ask for its im- sider what the view of the people of all reach down and find some horror mediate consideration. this country is. I am confident that stories. The PRESIDING OFFICER. The whether you are Republican or Demo- In fact, we could go to the White clerk will report. crat, the American people are gen- House if we had $100,000—I think that is The legislative clerk read as follows: erally disgusted with the way these the going rate to do business with the The Senator from Colorado [Mr. BROWN], campaigns are financed. Perhaps the President—$100,000. They have different proposes an amendment numbered 1805. California Senate race was the most packages for different people of dif- The amendment is as follows: extreme example. When you tell some- ferent economic circumstances. That On page 3, line 26, add at the end the fol- one that a person spent $28 million of does raise eyebrows, when people say, lowing, ‘‘The account for the Office of Ser- his own money trying to get elected to ‘‘I have to see the President. It is geant at Arms and Doorkeeper is reduced by the U.S. Senate, they really wonder $100,000’’—I guess that is per couple. $10,000, provided that there shall be no new whether they have anything to do with That is only $50,000 apiece. elevator operators hired to operate auto- the process at all anymore. How can Maybe that is what the people have matic elevators. they possibly even dream of running in mind here. I assume this would Mr. BROWN. Mr. President, this for the U.S. Senate if that is the kind apply to the executive branch as well budget that is brought to the floor, I of ante that is required? as the Congress. There are excesses. think, deserves commendation of all of So, Mr. President, I reserve the re- There are people who get elected with- the Members. This is an extraordinary mainder of my time and yield the floor. out a lot of money. I am finding out departure from past policies. It in- The PRESIDING OFFICER. Who right now in the Presidential race, the volves literally a 16-percent cut that yields time? worst part of the job is trying to raise the President had requested for funding The Chair informs the Senator from the money. I do not ask people for for Congress, and virtually a 9-percent Wisconsin that he has 2 minutes 55 sec- money. I will not call people. I will not real cut, actually a little over that, onds remaining. make telephone calls. I do not like to 9.13-percent real cut, over what we Mr. FEINGOLD. Mr. President, I do that. I do not mind somebody else spent in the past year. yield back the remainder of my time. asking, but I do not like to ask. I am not aware of any Congress that Mr. MACK. Mr. President, I suggest In any event, this may have some has taken such dramatic action in the the absence of a quorum. merit, but with all the other things we history of our country, to reduce its The PRESIDING OFFICER. The have on our plate, and with part of the expenditures. Certainly in terms of dol- clerk will call the roll. August recess already slipping away, I lars that have been cut from the budg- The legislative clerk proceeded to know this says ‘‘by the end of the 104th et, this has to be the all-time record call the roll. Congress,’’ and it seems to me that it winner. I think the distinguished chair- Mr. DOLE. Mr. President, I ask unan- will be even more difficult next year man and the ranking member deserve a imous consent that the order for the because then we are in an election great deal of credit for bringing this quorum call be rescinded. year, when everybody wants to be in- kind of proposal to the floor. The PRESIDING OFFICER. Without volved in politics, politics becomes the It reflects a sincere and real interest objection, it is so ordered. focus of a lot of people. in coping with some of our problems Mr. DOLE. Mr. President, I have lis- Mr. President I move to table the un- with regard to the budget. It does it in tened to the debate on this issue. The derlying amendment, No. 1803, and I a very important way. It does it by set- debate has not changed. I came to the ask for the yeas and nays. ting an example. conclusion years ago that we are never The PRESIDING OFFICER. Is there a It not only talks about reducing going to get campaign finance reform sufficient second? There is a sufficient spending, but it proposes a budget for if we leave it up to the two parties, be- second. the Senate itself that reduces spending. cause there is always the case that the The yeas and nays were ordered. That, I think, is the critical key ele- party in the majority will obviously The PRESIDING OFFICER. Under ment, if we are to have credibility in try to fix it to suit them and make it the previous order, amendment No. 1803 trying to deal with our budget prob- a little better for the majority than is set aside until 2:30 p.m. today lems. It is no secret to anyone here members of the minority. Mr. DOLE. Mr. President, I will just that this country has the biggest def- That has been true in the past, and I conclude, we are making some icit of any nation in the world. It is no assume it will be true today. In fact, I progress. I think the American people secret here that this country has the suggested a number of times that we are probably happy that now the laws biggest trade deficit of any nation in have a commission of outsiders with no we impose on them also apply to Con- the world. It is no secret here that we ax to grind to take a look at campaign gress. We have done that this year. have one of the lowest savings rates of finance reform. I guess that is pretty That was a big step in the right direc- any major industrialized country in much what Speaker GINGRICH and tion. It probably means we will not the world. President Clinton suggested to each pass so many crazy laws because they The American people believe it is other up in New Hampshire. now also apply to Congress. long past time we ought to face up to In any event, it seems to me that On Monday, we will take up gift ban these problems. So this budget that is with all the things we have yet to do in reform and lobbying reform. We will for the Senate itself sends an impor- this Congress, and certainly campaign overhaul that. We are also considering tant message. It sends an important finance reform is important, we have a constitutional amendment later on message, not because we are the big- regulatory reform right now. It means this year to limit terms of Members of gest part of Federal spending, it sends a lot more to most families than cam- the House and the Senate. a very important message because we paign finance reform. It costs each It is not that we are not aware that set an example. You cannot say one family about $6,000 per year, and we are some of these things, I think, cry out thing and do another, and that is what about 2 votes short of getting 60 votes for action. We are addressing more, in has been the problem with so many to move on regulatory reform. It is this first year, than we have addressed past Congresses. They talked about much more important than campaign in the years past. We will continue to deficit reduction, but each year they finance reform. We are taking money try to make improvements, so that the increased spending and they increased out of someone’s pocket. They may not American people understand that. But spending on themselves.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10364 CONGRESSIONAL RECORD — SENATE July 20, 1995 So I look at this budget with great as this, how can they believe that we policy by the new Sergeant at Arms. I admiration for the fine people who intend to reduce the deficit by hun- think this amendment will help affirm spent long hours to try to find real sav- dreds of billions of dollars? The answer that very significant effort. ings, and they have done it. is they will not. And the answer is, it The PRESIDING OFFICER. Is there There is one item that I think de- is important Americans believe that we further debate? The Senator from serves attention and it is included in have a new Government and new com- Washington is recognized. the amendment that I brought forward. mitment and a new willingness to deal Mrs. MURRAY. Mr. President, I, too, It does not call for the dismissal of any with problems. will not object to accepting this elevator operators, but it does suggest Is this a small item? Of course it is. amendment. Let me just add, I concur that we should not hire new ones. As But the symbolism is terribly impor- with the manager of the amendment, elevator operators on the automatic tant. Senator MACK, who I think has done an elevators retire, this measure con- I yield the floor. outstanding job working with the dif- templates that we would not replace The PRESIDING OFFICER. The Sen- ferent departments. The Sergeant at them. I think it is important. Some ator from Florida, [Mr. MACK]. Arms did come back with a 14.5-percent will say, ‘‘Oh, come on,’’ but I believe Mr. MACK. Mr. President, the Sen- cut. They are definitely going to be it is very important because we have to ator from Colorado has gained a tre- looking at how they can do that in the set an example. If our efforts to deal mendous reputation over the years for coming months when we will see the ef- with the deficit are to have any credi- his efforts to reduce Federal spending, fect of that. It is, I think, difficult for bility at all, we have to be willing in and I compliment him on that. I was us to micromanage them from this our own House to set the example. interested in his comments about hav- point, but I am willing to accept this How do the American people respond ing ‘‘every confidence that Members amendment. when they hear we hire elevator opera- can push the buttons on the automatic Let me at this point say, in doing so, tors to operate automatic elevators? I elevators.’’ That was an unquestioned I also want to send my compliments to will tell you, real people think it is level of confidence. It has been a long our current elevator operators, whom I nuts. Real people, who work for a liv- time since I have heard that level of think many of us do not take the time ing every day, real people who have to confidence in our colleagues. But I ac- to say ‘‘thank you’’ to so often. They pay the tax bills every day, think it is cept that comment. are always kind and courteous and effi- ludicrous for us to have people push I would say to the Senator, I am pre- cient. I appreciate the fact that they the buttons for us. pared to accept the amendment but it find me in the crowds. I know that is Over the years I have heard almost does, in fact, go counter to the ap- not a problem that some of the other every kind of excuse for hiring patron- proach that the committee has taken Members have. age employees to operate the elevators. with respect to reducing the expendi- But they are always here, they are I must tell you, it is my perception the tures of the Federal Government, par- always smiling, they are on time. I major reason this phenomenon occurs ticularly the Congress, the legislative think oftentimes when we have amend- is, first, because people did it in the branch. We had a very significant re- ments like that, it is seen as a slam on past, and, second, because many of quest, if you will, or directive given to some people who are doing a very effi- these positions are patronage. us, to reduce the legislative branch cient job, and, I think, one that we do Over the years, I have heard people budget by over $200 million, which, in not say ‘‘thank you’’ for, often enough. talk about how critical it was to get fact, we have accomplished with about here on time for votes and that having $41,000 to spare. We accomplished that, So let me take this opportunity to the elevator operators was a key ele- however, not by having the committee thank them for the job that they do for ment in that. I have no doubt that the try to find every item throughout the all of us. people who say that are sincere. I must legislative branch that any of us, or ei- THE PRESIDING OFFICER. If there tell you, I think it is bunk. If people ther of us, thought was important to be no further debate, the question is on want to get here for votes on time, cut. I will say to my friend and col- agreeing to the amendment. they come. We do not have elevator op- league that I think it is more impor- The amendment (No. 1805) was agreed erators in the office buildings. We do tant that we give a direction, or a di- to. have elevator operators on the ele- rective, to the individuals responsible Mr. MACK. Mr. President, I suggest vators reserved for Senators, and that for the various functions of the legisla- the absence of a quorum. may be a different question for a dif- tive branch, indicating to them what The PRESIDING OFFICER. The ferent day. But those seem to operate we think they should do as far as a clerk will call the roll. just fine. total is concerned, and ask them to, in The bill clerk proceeded to call the I have every confidence that every essence, make the best judgment about roll. Member of the Senate is capable of how to reach that goal. I believe with Mr. SPECTER. Mr. President, I ask pushing the buttons to move the eleva- our having taken that approach, we unanimous consent that the order for tor from the bottom floor to the second have been successful in our effort. the quorum call be rescinded. floor in order to arrive here in time for The Sergeant at Arms was given a di- The PRESIDING OFFICER (Mr. votes. I have every confidence they are rective of a reduction of 12.5 percent. INHOFE). Without objection, it is so or- able to push the button from the sec- The Sergeant at Arms came back with dered. ond floor, to push the B button to get a little bit over 14 percent, and should AMENDMENT NO. 1806 down to the basement. To suggest be complimented for that achievement. Members of this body cannot move (Purpose: Expressing the sense of the Senate But as I indicated a moment ago, regarding war crimes in the Balkans) through the elevators without elevator even though I have a different ap- Mr. SPECTER. Mr. President, I send operators on automatic elevators is ab- proach in bringing about significant re- a resolution to the desk and ask for its surd. ductions to the legislative branch, I am immediate consideration. But more important, there is a very prepared to accept the amendment. important point that Members should Mr. BROWN addressed the Chair. The PRESIDING OFFICER. The consider with this. If we are not willing The PRESIDING OFFICER. The Sen- clerk will report. to eliminate elevator operators on ator from Colorado. Mr. SPECTER. Mr. President, I ask automatic elevators, what kind of con- Mr. BROWN. Mr. President, I would that it be modified to be put in the fidence can this country have if we are be remiss if I did not note that our new form of an amendment to the pending going to deal with $200 billion to $300 Sergeant at Arms has done a very ad- bill. billion deficits? What kind of belief can mirable job. He has already cut the The PRESIDING OFFICER. Without they have that we are going to stick number of elevator operators from 20 objection, it is so ordered. with a budget plan that lasts 7 years? If to 10, and saved over $118,000 in this fis- The clerk will report the amendment. we are not willing to make even a mod- cal year. So I would not want a mo- The bill clerk read as follows: icum of effort to control spending in ment to pass without recognizing what The Senator from Pennsylvania [Mr. SPEC- our own house, on an item as frivolous I think is a very dramatic change in TER] proposes an amendment numbered 1806.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10365 Mr. SPECTER. Mr. President, I ask Mr. SPECTER. Mr. President, this the world as forcefully as possible. It is unanimous consent that further read- amendment is being offered so that the my hope that the President of the ing of the amendment be dispensed Senate will have an opportunity to ar- United States will speak out on this with. ticulate a forceful condemnation of the subject, and that the President of the The PRESIDING OFFICER. Without war crimes and crimes against human- United States will use the forcefulness objection, it is so ordered. ity, committed by all sides in the con- of the bully pulpit of the White House The amendment is as follows: flict in the Balkans, particularly the to acquaint the American people with At the appropriate place insert the fol- Bosnian Serbs, so that the Senate will what is occurring. lowing new section: have an opportunity in the final anal- We have seen confirmed reports of SEC. . (a) FINDINGS.—The Congress finds ysis to condemn the policies and ac- the Bosnian Serbs rounding up young that— tions of the Bosnian Serb President, (1) war and human tragedy have reigned in men, 11 and 12 years of age, and slitting the Balkans since January 1991; Radovan Karadzic, and the Bosnian their throats and placing them in (2) the conflict has occasioned the most Serb military commander, Ratko heaps. We have seen the photographs in horrendous war crimes since Nazi Germany Mladic, and urge the special prosecutor the public press of young Moslem and the Third Reich’s death camps; in the International Criminal Tribunal women from Bosnia going into the (3) these war crimes have been character- for the former Yugoslavia to expedite fields and hanging themselves because ized by ‘‘ethnic cleansing’’, summary execu- the review of evidence for their indict- tions, torture, forcible displacement, mas- that kind of suicide is preferable to the ment for such crimes. kind of brutality which is being in- sive and systematic rape, and attacks on I had spoken on this subject gen- medical and relief personnel committed flicted by the Bosnian Serbs. We have mostly by Bosnian Serb military, para-mili- erally on Tuesday evening following seen the active reports from the safe tary, and police forces; the introduction of the resolution by havens of the United Nations which (4) more than 200,000 people, mostly Bos- our distinguished majority leader call- have been invaded by the Bosnian nian Muslims, have been killed or are missing for lifting the arms embargo so Serbs, taking away elderly women, ing, 2.2 million are refugees, and another 1.8 that the Bosnian Moslems may have an million have been displaced in Bosnia; taking away elderly men, committing opportunity to defend themselves. the most atrocious kind of conduct. (5) the final report of the Commission of I support the action of the majority Experts on War Crimes in the Former Yugo- I am not going to take a great deal of slavia, submitted to the United Nations Se- leader in urging the adoption of that resolution. It seems to me that the time here today, with the pendency of curity Council on May 31, 1995, documents the other legislation. But I would cite more than 3500 pages of detailed evidence of mission of the U.N. forces in Bosnia war crimes committed in Bosnia; has been a mission impossible when just a couple of examples which are il- (6) the decisions of the United Nations Se- they are charged to keep the peace lustrative: curity Council have been disregarded with when there is no peace to keep. U.N. The Bosnian Serbs going to a Moslem impunity; forces ought to be withdrawn so that victim and cutting off two fingers of (7) Bosnian Serb forces have hindered hu- they can no longer be held hostage and manitarian and relief efforts by the United each victim’s hand so as to make the Nations High Commissioner for Refugees, so that then the Bosnian Moslems may sign of the cross; and then they cut the the International Committee of the Red have an opportunity to defend them- prisoner’s nose and ears off; and finally Cross, and other relief efforts; selves under article 51 of the U.N. Char- cut their throats, causing death. (8) Bosnian Serb forces have incessantly ter, and that there may be appropriate Another example, a woman hiding in shelled relief outposts, hospitals, and Bos- help from the United Nations, NATO, nian population centers; a barn with her husband and two young and the United States by way of mas- daughters, ages 13 and 7. Five Chet- (9) the rampage of violence and suffering in sive airstrikes. But there has not been Bosnia and Herzegovina continues unchecked niks, Serbian paramilitaries, find and the Untied Nations and NATO remain a condemnation of the action of the them, beckon the father over, and in unable or willing to stop it; and Bosnian Serbs by this body, and I think the sight of his two young daughters (10) the feeble reaction to the Bosnian that is very important. and wife, brutally murder him with a tragedy is sending a message to the world The conduct of the Bosnian Serbs has gun without his having uttered a word. that barbaric warfare and inhumanity is to been on a level of brutality and inhu- be rewarded: Now, therefore, be it manity which has been virtually un- In the presence of an elderly woman, (b) SENSE OF THE SENATE.—It is the sense paralleled at least since World War II, the husband is accosted by Bosnian of the Senate that the Senate hereby— and the nations of the world have stood Serbs, as they were fleeing, slicing his (1) condemns the war crimes and crimes by and have watched these atrocities throat right in front of her, causing against humanity committed by all sides to death. the conflict in the Balkans, particularly the and ethnic cleansing go on without a Bosnian Serbs; and denunciation of this kind of conduct. Mr. President, I ask unanimous con- (2) condemns the policies and actions of Hopefully, the International Crimi- sent that examples be admitted into Bosnian Serb President Radovan Karadzic nal Tribunal will ultimately bring to the RECORD, without going through and Bosnian Serb military commander justice all of those involved up to and them in detail at this moment which Ratko Mladic and urges the Special Pros- including the highest levels. While the chronicles and specifies the kinds of ecutor of the International Criminal Tri- Western democracies articulate values bunal for the Former Yugoslavia to expedite blatant atrocities which are being per- the review of evidence for their indictment of decency and humanity, we have sat petrated by the Bosnian Serbs. for such crimes. back and have watched this atrocious There being no objection, the mate- (3) It is the sense of the Senate that the conduct unfold. rial was ordered to be printed in the Special Prosecutor for the International There is little left of dignity and RECORD, as follows: Criminal Tribunal for the Former Yugo- honor or basic human dignity in what slavia should investigate the recent and on- has gone on in Bosnia, and at the very EXAMPLES OF WAR CRIMES OR CRIMES going violations of international humani- minimum this conduct ought to be con- AGAINST HUMANITY IN THE FORMER YUGO- tarian law in Bosnia and Herzegovina. demned in the most forceful possible SLAVIA (4) The Senate urges the President to make all information, including intelligence infor- terms, which is what this resolution EXAMPLE 1 mation, on war crimes and war criminals calls for. I have introduced it for that purpose The Final Report of the Commission of Ex- available to the International Criminal Tri- perts to Investigate War Crimes in the bunal for the Former Yugoslavia. and to speak briefly on some of the un- Former Yugoslavia reveals the existence of (5) It is the sense of the Senate that the derlying factors. I have told the man- 150 mass graves containing between 5 and President should not terminate economic agers of the bill that I would not insist 3,000 bodies and over 700 detention facilities sanctions, or cooperate in the termination of on a rollcall. There is no reason to take in which, up until March 1994, an estimated such sanctions, against the Governments of an additional 20 minutes of the Sen- 500,000 persons were imprisoned, murdered, Serbia and Montenegro unless and until the tortured, and raped. President determines and certifies to Con- ate’s time to have what would most gress that President Slobodan Milosovic of probably be a unanimous vote. The estimated number of tortured persons Serbia is cooperating fully with the Inter- However, these are matters which is over 50,000. national Criminal Tribunal for the Former ought to be called to the attention of The estimated number of raped women is Yugoslavia. the American people and the people of over 20,000.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10366 CONGRESSIONAL RECORD — SENATE July 20, 1995 The Serb policy of ethnic cleansing in- . . . I saw seven of the boys with their throats their index fingers at my husband and beck- cluded total forceful transfer of civilian pop- cut, and two others hanging from a tree.’’ oned him toward them. One of the Chetniks ulations from Serb controlled areas in fla- The same night, Serb soldiers reportedly shot him without ever having uttered a grant violation of international humani- abducted three women, ages 12, 14, and 23. word. tarian law as well as the destruction of pub- When the three returned several hours later, Mr. SPECTER. A summary, Mr. lic and private property, including religious they were naked and covered with scratches President, was contained in the final and cultural heritage. and bruises, and the two youngest were All of the above constitute war crimes and bleeding from the assault. At dawn, the 14 report of the Commission of Experts to crimes against humanity and could even rise year-old ‘‘slipped off to the side. She took a Investigate War Crimes in the Former to the level of genocide. scarf she had with her, tied it around her Yugoslavia. That report specifies the EXAMPLE 2 neck and hanged herself from a beam.’’ existence of some 150 mass graves con- Wednesday morning, the Serbs ‘‘took The camp commanders.—Zeljko Meakic: taining between 5,000 and 3,000 bodies about 15 women. When the women started to A. Complicit in the killing of, and in the each, and 700 detention facilities where scream, the Chetniks [Serb soldiers] covered causing of serious bodily or mental harm to, up to 300,000 persons were imprisoned, their mouths and dragged them away. We and in the deliberate infliction of conditions murdered, tortured, and raped; with left the factory on buses a few hours later of life on, Bosnian Muslims and Bosnian and by the time we left none of the women tortures estimated at some 50,000, and Croats people, intending to bring about their had come back.’’ (New York Times, July 17, rapes estimated at some 20,000. physical destruction as a national, ethnic or 1995) And I will further call attention, Mr. religious group President, to the fact that in the pro- B. Held individually responsible for the EXAMPLE 7 crimes committed by his close subordinates Thousands of thin and exhausted Bosnian ceedings in the international criminal (deputies and shift commanders) and by the Muslim men have begun pouring into Tuzla tribunal for the former Yugoslavia, guards who regularly and openly killed, after being missing since the fall of that Bosnian Serb commanders are raped, tortured, beat and otherwise subjected Srebrenica a week ago. being held responsible for atrocities. In prisoners to conditions of constant humilia- One soldier told of seeing a father shoot his the case of two of the commanders, tion, degradation, and fear of death. badly wounded son when he could carry his they were held responsible for the acts C. Personally beat the prisoners upon ar- child no farther. of their subordinates, which gives rise rival with batons and other weapons Others said they saw comrades commit sui- to an expectation that officials at the D. Kicked one prisoner who was tortured in cide during the long walk by pulling the pins the chest. on hand grenades and holding them to their highest level may be held responsible in the International Criminal Tribunal. EXAMPLE 3 necks or by standing next to them as they exploded. Mr. President, it is a difficult matter Zoran Zigic and Dusan Knezevic ordered ‘‘There were dozens and dozens of dead bod- as to how far the United States and prisoners to drink water like animals from ies on my trail.’’ puddles on the ground, jumped on their NATO can go in assisting the Bosnian U.N. High Commissioner for Refugees said backs and beat them until they were unable Moslems. I have said on this floor that about 19,000 of Srebrenica’s 42,000 residents to move; as the victims were removed in a I am opposed to the use of ground still are not officially accounted for. (Ga- wheelbarrow, one of the Serbs discharged the forces in that arena. It is an open ques- zette-Montreal, July 18, 1995) contents of a fire extinguisher into the Another U.N. official relayed the following tion as to whether other support can be mouth of one of the victims. account: ‘‘One woman told us that her hus- given, such as heavy bombing, which EXAMPLE 4 band was grabbed by the Bosnian Serbs as could perhaps bring about a balance of Dusan Tadik and others: Belonged to a they were fleeing Srebrenica and they slit power between the Bosnian Serbs and group of Serbs from outside the camp, who his throat right in front of her. She said she the Bosnian Moslems, giving the Bos- called on one day prisoners out of their saw the bodies of at least eight other men nian Moslems an opportunity to defend rooms, severely beat them with various ob- whose throats had also been cut. themselves. But there are a wide range jects and kicked them on their heads and EXAMPLE 8 of options. bodies. After one of the four prisoners was A report from the Bosnian War Crimes beaten, two other prisoners were called on I believe that if the people of this Commission in 1992 claimed that since the and ordered by a member of the group to lick country understood the intensity of beginning of the war, at least 260,000 people his buttocks and genitals, and then to sexu- the barbarism which is going on, when had passed through concentration camps and ally mutilate him; one of the two covered you have acts like cutting off ears and prisons set up by the Serbs while 10,000 peo- the prisoner’s mouth to silence his screams, ple had been killed in them. cutting off noses, slicing the throats of and the other bit off the prisoner’s testicle. young boys, and have the brutal con- EXAMPLE 9 This prisoner and two other died from the at- duct leading young women to hang tack; the fourth one, who was severely in- The Report described the mutilation and themselves rather than be subjected to jured, was thrown onto the back of a truck torture of men, women and children by with the dead and driven away. Serbs: ‘‘One account . . . claims that Serbian the atrocities from the Bosnian Serbs, there might well be a different public EXAMPLE 5 fighters burned alive elderly people who refused to leave their homes and forced moth- reaction. And there might well be a dif- Most recently, in the wake of the fall of ers to drink the blood of their murdered chil- ferent leadership reaction if the Presi- Srebrenica, there are numerous accounts of dren.’’ (The Daily Telegraph August 3, 1992) new Serbian cruelty: throats slit, women dent would speak out to the Nation as raped before women and children were EXAMPLE 10 a whole, using the force of his bully packed on buses for a mass ethnic deporta- One candidate for prosecution would be pulpit. Some people watch C–SPAN 2 tion. Gen. Ratko Mladic, the commander of Ser- and some people hear and see what we Twenty-year-old woman made her way into bian forces in Bosnia and Herzegovina. are doing. But it is too hard for people a grove of trees near the refugee camp at Mladic was the Yugoslav Army commander to follow the atrocities that are occur- night and hung herself. in the Serbian-controlled area of Knin in ring, too hard for people to follow the Hundreds of men were reportedly killed by Croatia before being transferred to Bosnia to fine print in all the newspapers to see Serbs and thousands taken away for inves- head army forces there. Following the tigation of ‘‘possible war crimes.’’ army’s nominal withdrawal from Bosnia, he exactly what is going on. But if the One refugee reported that the buses car- stayed on as Serbian commander and was people of America were aware of what rying the Muslims were stopped outside overheard on Serbian radio frequencies dis- is going on, I think there would be Srebrenica and Serbs took young men and regarding subordinates who questioned artil- widespread public outrage, just as out- women off. ‘‘They made us watch while they lery attacks on the residential neighborhood rage has been expressed by this Sen- cut the men’s throats and raped the women.’’ of Velesice in Sarajevo because of the num- ator and others on this Senate floor. (New York Times, 15 July) ber of Serbian residents there. ‘‘Burn it all,’’ So it is minimal, but I think the EXAMPLE 6 Mladic instructed his troops, ordering them least that we can do, to express our to shell the area with the heaviest weapons In Potocari, where there was a U.N. base to in the Serbian arsenal: 155-millimeter howit- outrage and to have the voice of the which many refugees fled, there were ac- zers. (The Nation, August 31, 1992) Senate speak out in condemning the counts of Bosnian Serb soldiers coming into EXAMPLE 11 action of the Bosnian Serbs, con- the factories were refugees where spending demning the action of the Serbian the night. Zerina Hodzic’s account of what happened ‘‘They took some young boys with them, to her husband is typical: I was hiding in the President Radovan Karadzic and the kids who were probably between 12 and 17 barn with my husband Rifet age 35 and our Serbian military leader Slobodan years old. Later we heard screaming outside. two daughters ages 13 and 7. Five Chetniks Milosevic, and asking the special pros- . . . On Wednesday morning we went outside. Serbian paramilitaries found us and pointed ecutor of

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10367 the tribunal to review the issue of in- work for significant change in the way able to work successfully to change the dictment, that if we will not act di- business is done.’’ rules of the Senate, but I have joined rectly in a military sense, that at least Of course, as you do in a political with my colleagues in an effort, suc- we will put those people on notice that campaign, when somebody says that to cessfully, to term limit chairmen, at what they are doing will not be ig- you, you say, ‘‘Why, of course you have least those who are Republicans.’’ nored, and will be subject for criminal my pledge that I really will work to see If I may be allowed a slightly par- prosecution at a later date, by analogy that that is done.’’ tisan note, Mr. President, I hope that to the Nuremberg war trials. The day When I arrived here in January of will be the case for many years to of reckoning may come, and those lead- 1993 and suggested term limits for com- come; that is, that all of the chairs of ers and all those that can be identified mittee chairs, I found a very inter- all of the committees will be Repub- will face the death penalty in a court esting circumstance. Among my fellow licans for at least as long as I serve in of law for their acts of brutality in freshmen Senators, one of whom is on the body. In that case, our failure to Bosnia today. the floor here today, there was great change the Senate rules will not make I yield the floor. sympathy, there was great agreement: any difference. Mr. BENNETT addressed the Chair. Yes, we need to limit term limits, if I think the Republican conference The PRESIDING OFFICER. The Sen- you will, the time of committee chairs. needs to be congratulated for taking ator from Utah. Among the freshmen Republicans, we this step. It demonstrates a willingness Mr. BENNETT. First, let me com- had unanimity on that issue. But there to allow those of us who are newcomers mend my friend from Pennsylvania for were only six of us. And we were told more of an opportunity to hold posi- his leadership on this issue. I was un- when you have been here a little tions of responsibility perhaps sooner aware that the Senate did not yet issue longer, when you understand how the than would otherwise be the case. It al- a statement of the denunciation of system works a little better, you will lows for fresh ideas and fresh ap- these kinds of atrocities. I agree with not be quite so zealous to call for the proaches to come into the system more him absolutely that it is time we did term limits of committee chairs. openly than would have been the case so. And I appreciate what he has done Well, when I went back home, I found if we had stayed with the old rule. here today. myself hoping people did not ask me, There is still much that I would like Mr. President, I ask unanimous con- ‘‘What have you done to carry out your to do in the name of congressional resent that I might be allowed to proceed campaign pledge to see to it that there form. If I could sit down and write the as in morning business. would be some structural reform in the rules all by myself, I would change a The PRESIDING OFFICER. Without way the Senate does its business?’’ lot of the rules around here, and I have objection, it is so ordered. When I did get asked, I would say, ‘‘I introduced a bill to do that. At the mo- f am trying.’’ And then when they pressed for details, I would say, ‘‘Well, ment, it has only attracted a single co- TERM LIMITS I am in concert with all my fellow sponsor. That is one of my fellow fresh- Mr. BENNETT. Mr. President, if I freshmen’’—the Republican six, as we men. Maybe I could work to get an- may be allowed a moment or two to became finally, with the addition of other 10 names or so on it, but I recognize the reality of this place. It is speak personally, I would like to refer KAY BAILEY HUTCHISON—‘‘We are work- to events that took place in the Senate ing hard.’’ And my constituents would going to take a little more time and yesterday and tie them back to my begin to get that look on their face maybe, Mr. President, another election campaign, which is fast fading into that says, ‘‘Yeah, we heard that before. or two before we start some of the fun- memory, but some portions of which You’re going to try to do something damental restructuring of the Senate are pretty firmly etched in my memory but, in fact, nothing is really going to rules that I would like to see happen. as I am sure is the case with everyone change, and the longer you are back But I am delighted that we have not here. there, the more you are going to be- waited for those elections to take place During the campaign, one of the come part of the system and every- and for that time to come. In the Re- issues that was raised continually by thing is going to stay the way it’s al- publican conference, we have moved my constituents was the issue of term ways been.’’ with dispatch and, I may say, a large limits, because they said they had the There was another election that took majority. I do not want to leave the feeling that the system was so unre- place. The distinguished occupant of impression that the decision to term sponsive back here in Washington that the chair was part of that, and instead limit committee chairs was a close one something had to be done structurally of 6 Republican freshmen, all of a sud- and that those of us who are freshmen to shake it up. Knowing a little bit den we had 11 Republican freshmen. or sophomores had a difficult time win- about the Senate and the way it And added to the 6, that gave us 17, ning a very narrow victory. As we worked, I suggested to some of my con- which constituted a sufficient block of made our case, our more senior breth- stituents that while we debated the the Republican conference that all of a ren, and on occasion sister or two, de- overall issue of term limits, which sudden we were being listened to in cided we were right and the vote was probably will require a constitutional ways we had not been when there were not close. The vote was 38 to 15 saying amendment, there was something else just 6 of us. we will, in fact, recognize the call that that could be done quickly without a Mr. President, as you well know, yes- is out there among the American peo- constitutional amendment that could terday the Republicans had a marathon ple to bring the procedures in this body change the character and perhaps free session talking about the way things up to date with modern approaches and up the way things are done in the Sen- should be structured in the Republican opening it up so that those who do not ate. Specifically, I suggested to my conference. And out of that session want to make a full-time career out of constituents that it would be a good came an action which I applaud wholly; service in the Senate but simply come thing if we limited the terms of com- that is, the Republicans have agreed to here for a term or two, will, in fact, mittee chairs in this body so that term limit the chairmanship of a Sen- still have the opportunity to receive someone who assumed a committee ate standing committee. I wish we leadership assignments and represent chair would not assume the posture of could amend the rules of the Senate their constituents in that cir- divine right in that circumstance and itself so that it was written into the cumstance. then stay there forever and ever, dis- Senate rules and had the protection of When people talk to me about the pensing whatever favors or power goes the two-thirds requirement so that it overall issue of term limits, I tell them along with that assignment. could not be altered, except by a subse- in my case, you do not have to worry My constituents liked that and in- quent vote of 67 Senators. I do not about it. At my age, term limits are deed many of them said to me as they think we can do that. I do not think built in. Some say to me, ‘‘Well, look came to me in the closing days of the the votes are on the floor to do that. at the senior Senator from South Caro- campaign, ‘‘We are going to vote for But I can now, with a clear con- lina. Maybe you will be here 20 or 30 you but we want your personal pledge science and a smile on my face, say to years.’’ If that is the case, I will be in when you get there you really will my constituents: ‘‘I may not have been my nineties, and I think I would rather

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10368 CONGRESSIONAL RECORD — SENATE July 20, 1995 do something else than serve in the have people here who have been in the we are operating with a budget right Senate at that age. real world. now that is less than the budget that So, Mr. President, I appreciate the I got to thinking about the argu- we are spending on social welfare pro- indulgence of the Senate in allowing ments, since I was the one who programs, when we combine State and me to make this comment, allowing posed term limits many, many years Federal programs. We are operating on me, if you will, to crow a little to my ago. When I was running for office, I a defense budget that is less than it constituents back home over the fact stated I would do everything I could— was in 1980, when we had hollow forces, that we have taken this first step that the same as the Senator from Utah when we could not afford spare parts. I did pledge to work toward while I was said he would do everything he could— We all remember. It is all in the his- in the election, and express my satis- to see to it that the terms of leadership tory. Yet, some believe that the threat faction and gratitude to my fellow would be limited. I made that same that is out there today is greater than members of the Republican conference commitment to continue the effort to the threat that we were facing during for this decision. limit terms. the cold war. With that, Mr. President, I suggest I observed something when I was first At least during the cold war, Mr. the absence of a quorum. elected to the U.S. House of Represent- President, we could identify who the The PRESIDING OFFICER. The atives. I have to say, Mr. President, enemy was. There were two super- that I am a truly blessed individual. I clerk will call the roll. powers. So we knew who it was. decided 35 years ago, when all my kids The assistant legislative clerk pro- Right now, in accordance with com- ceeded to call the roll. were grown and the runt of my litter was out of college and off doing her ments made not by conservative Re- Mr. INHOFE. Mr. President, I ask publicans, like I am, but by Democrats, unanimous consent that the order for thing, that I would do what I always wanted to do and run for Congress. Jim Woolsey, who is the Chief Security the quorum call be rescinded. Adviser to the President of the United The PRESIDING OFFICER (Mr. BEN- That happened in 1986. When I arrived in Congress, I found States, Bill Clinton, said that we know NETT). Without objection, it is so or- there are between 20 and 25 nations dered. something that shocked me. That is, that the prevailing ideas and mentality that have developed or are developing f of those who are in power in Congress weapons of mass destruction. They are THE 1994 ELECTION MANDATE was totally alien to what people out- all developing the means to deliver those weapons of mass destruction. We Mr. INHOFE. Mr. President, I sat side the beltway thought. have the Saddam Hussein’s and the Qa- presiding in the chair listening in- For example, I categorize the think- dhafi’s, and those out there able and tently as the Senator from Utah talked ing of Congress, the majority of Con- willing to buy technology that is on about the mandate, as he understood gress who are making the decisions, the market. it, when he was elected to the U.S. Sen- who are setting the agenda, who are ate in 1992. carrying on the debate, into four cat- Here we are, with a group of people As one who was elected 2 years later, egories, what they really believe. First, who really believe that there was not in 1994, that mandate was not quite the in terms of crime, they really believed any threat out there, when the vast same. It was interesting that those in- that punishment was not a deterrent to majority of the people of America who dividuals who are talking about term crime. In the second area, they be- voted in the elections in November of limits did not really address the fact lieved that government, in concert 1994 said, ‘‘Yes, we need a strong na- that we have a problem, in that we with Congress, can run the lives of the tional defense.’’ have the same leadership within each people of America better than people Government and its relationship to party in the U.S. Senate, as they were could in the private sector. They be- our lives in 1987, when I first got to the concerned about the term limits of in- lieve that the cold war is coming to an U.S. Congress, the majority of people end. Of course, subsequently it was dividuals serving in the House and in in leadership really believed that the ended, and therefore it is not necessary the Senate. only thing wrong with America was we to put more money in our Nation’s de- Maybe it is unique to my State of did not have enough government regu- fense. That money should go into so- Oklahoma that we had such an intense lation. We needed more government cial programs. They felt that deficit interest in the fact that people should regulation. When, in fact, that is ex- spending is not bad public policy. come here as citizens, serve for a pe- actly what is the problem. When we stop to think about those Why did these individuals believe riod of time, and then go home and four areas, almost everything, at least serve under the laws that they passed. these things? They believed these that this Member, former Member of things because many of them had come It seems as if the term limits debate the House experienced, found very of- has become very silent now. I have de- straight from the fraternity house to fensive, fell into one of those four cat- Congress—never been out in the real cided that one reason is that they felt egories. People felt, as far as the def- if we had such a turnover, as we had in world, never exposed to real people. So icit is concerned, they said, ‘‘Well, we they completely lost touch. both Houses of Congress this last time, are all right on the deficit. We are not That is what precipitated what I maybe people do not think that there concerned about that. After all, we owe refer to as the revolution of November is a need for term limitation anymore. it to ourselves,’’ without realizing ev- 8, 1994, when we had the greatest turn- But I saw a poll that was taken yester- erything we are spending today we are over in contemporary history. People day. I saw the poll that was taken last borrowing not from anyone who is here finally decided, whether they are week, and I was shocked to find out in this Chamber today or in the gal- Democrats or Republicans, back in the that 72 percent of the American people lery, or even those who may be watch- real world, that they wanted to make have very strong feelings about lim- ing, but the future generations, such as iting the terms in which Members of my three grandchildren. They are the major changes in government as we the House and Members of the Senate ones who will pay for all this fun we know it. can serve. are having up here. Here we are with the reregulation I did not expect this because I have Every time we try to cut some of the bill that is right now kind of on high heard so many people around the belt- fat out of government, cut a social pro- center. All we are trying to do is say to way—which is not really real Amer- gram, the people stand up with bleed- the people who voted in new people in ica—say we do not need it anymore being hearts and talk about how can we Congress, ‘‘Yes, we heard you, loud and cause we know now that we can flesh do this to those poor people who need clear. We are going to get rid of this things out and get new blood. these programs. Right now, we are in overregulated society.’’ I think that the poll, as it was inter- the middle of, and we are reminded Someone on a radio talk show not preted, says that people like what hap- that all we are trying to do is take the long ago, in fact, the No. 1 radio talk pened on November 8, 1994, but they are profit out of illegitimacy, and get peo- show in America, the host said if you not real sure that they want to wait 20 ple more responsible for their own acts. want to compete with the Japanese, ex- years for the same thing to happen Insofar as the defense is concerned, I port our regulations to Japan and we again. We are, indeed, better off to am embarrassed to stand here and say will be competitive with the Japanese.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10369 We truly are an overregulated soci- not have experience in the real world, Let us look at what they were really ety. I have told this story many times, that they honestly did not believe that saying. He said school prayer was an people that I know back in my State of punishment was a deterrent to crime. issue in southeastern Oklahoma— Oklahoma. A guy name Keith Carter, Senator RICHARD SHELBY, from Ala- school prayer, gays in the military was in Skiatook, OK, invented a spray that bama, and I introduced a bill that an issue, and gun control was an issue. you put on horses, and apparently it would change our prison system and During deer season, they closed works. Whatever it does, it must work, put the work requirements back in. schools. These are real people. These because he had four employees, and a People say, ‘‘How cruel can you be, be- are not the kind of people you find couple years ago they moved to a larg- cause these people are poor products of around the beltway. And this gets right er place down the street from his society, and it is not their fault they back to the whole idea of term limits. house, still in Skiatook, OK. He called did something that is wrong. You I really, honestly, believe in my me up, 4 days before Christmas—this should not be punishing them.’’ heart that we would not have a lot of was 2 years ago—and he said, ‘‘Con- There is an article, Mr. President, the problems that we have had since gressman INHOFE’’—at that time I was you ought to read. It was in last No- the 1960’s about the role of Government in the House of Representatives—he vember’s Readers Digest. It says, ‘‘Why in our lives, we would not have the said, ‘‘The EPA came along and put me Must Our Prisons Be Resorts?’’ And it huge deficits we find ourselves with—if out of business.’’ I said, ‘‘What did you talks about the new golf courses that we do not change our spending behav- do wrong?’’ they are putting in next to the polo ior, a person who is born today is going ‘‘When I moved down the street 2 field, or next to the boccie courts. to have to spend 82 percent of his or years ago, I forgot to notify Wash- Whatever that is. And how we are her lifetime income just to service ington and the EPA that I had moved.’’ going to have to take care of—they do Government. And this is what we are I said, ‘‘You mean they did not know not even call them prisoners anymore going to change. where you were?’’ He said, ‘‘I notified in some prisons, they call them clients, So I believe the term limit debate is the regional office, but they did not because they do not want to offend going to be revived again, even if I am tell Washington.’’ them. the one who has to revive it, because I So we got it taken care of. He called I may be old fashioned in my think- think the vast majority of Americans back a little later, and he said, ‘‘I ap- ing. I think punishment has deterred honestly and sincerely in their hearts preciate all you did for me, and you got crime. I think history showed that. believe that those of us in Congress me back in business, but now I have When we passed the soft-on-crime bill, should someday have to go out and another problem. I have $25,000 worth the omnibus crime bill of 1994, that was make a living under the laws we of bottled spray produced during the 2 the midnight basketball and dancing passed. The only way to ensure that is weeks I was revoked that they say I lessons and all that, the American peo- if we have limitation of terms. cannot use.’’ ple were offended by that and those in- Early in this country’s history it was This is the type of overregulation we dividuals who voted for that bill, most not necessary. We had people who came have in society today. I think the re- of them, were voted out of office in No- in and they could only afford to be here regulation bill is going to come out. I vember 1994. It was just another one of for a short period of time. They did think the people of America will have those areas where, if you had been in- their patriotic duty and they went to speak up again and let them know, side the beltway listening to people back and lived with the laws they let Members know, that they are still around here, you forget what the real passed. I think that is exactly what is interested in reducing the abusive role people at home are thinking. Because coming back to America and it is going of government as we have come to it is a different mentality here in to serve my grandchildren and all of know it today. Washington, DC. America very well. Mr. President, term limits is a very I do not think that Oklahoma is Mr. President, I suggest the absence real thing today, and just because we unique in that respect. I will share an of a quorum. made some major turnovers does not experience that will offend, I think, The PRESIDING OFFICER. The mean that we should not continue the some of the people here. But it is some- clerk will call the roll. good thing that happened in 1994. A lot thing that happened to me. The assistant legislative clerk proof people say, ‘‘Well, you cannot do The State of Oklahoma is, by reg- ceeded to call the roll. that; you are taking away my constitu- istration, a very strong Democrat Mr. JOHNSTON. Mr. President, I ask tional right to vote for someone as I State. But the Democrats in the State unanimous consent that the order for see fit.’’ It was not very long ago when of Oklahoma are very conservative. the quorum call be rescinded. we had to impose term limits on the They are unlike the Democrats that we The PRESIDING OFFICER (Mr. President of the United States. And it have here in Washington. I had an ex- INHOFE). Without objection, it is so or- has worked very well since then. perience down in McCurtain County. dered. We could use the same arguments. McCurtain County in Oklahoma, Mr. The Senator from Louisiana. Well, you have taken away my right to President, is what we call severe little Mr. JOHNSTON. Mr. President, I ask vote for someone who has already Dixie. There are not any Republicans. unanimous consent I be allowed to pro- served two complete terms. Almost They are all Democrats. I remember ceed for 10 minutes as in morning busi- every State in the Union right now has being down there in the campaign and ness. term limits on its Governors. The vast my opponent was an incumbent, the The PRESIDING OFFICER. Without majority of the States that have the same as I was, an incumbent from the objection, it is so ordered. petition process, the initiative process, House, both running for the Senate, so f were able to either vote in or through we each had records. an initiative and impose term limits on I remember someone standing up in a THE REGULATORY REFORM BILL themselves. However, the U.S. Supreme meeting of about 45 people in Mr. JOHNSTON. Mr. President, I Court came along and said, ‘‘No, you McCurtain County. I was the only Re- want to give my colleagues a report on cannot do that.’’ So it can only be publican who was in that room that the regulatory reform bill as I see it. done, to be effective and endure the fu- day, including a New York Times re- As of last night, those of us who were ture generations, is to do it with the porter who was following me around. in favor of regulatory reform had pre- constitutional amendment. Someone stood up in far southeastern sented a list of four amendments which I intend to continue in that fight. I Oklahoma, where there are not any Re- we were willing to concede to. In my believe that the message is loud and publicans, and said ‘‘Inhofe, you are judgment, they went further than I clear. There are a lot of messages that going to be the first Republican to would have liked to have gone. One came out of the elections. carry McCurtain County since state- dealt with that issue of least cost. In I mentioned that the majority of peo- hood, the State of Oklahoma statehood the current Dole-Johnston amendment, ple who had been operating without in 1907.’’ I said, ‘‘Why is that?’’ He said, least cost is not the test. We have term limits and have been here since ‘‘Because of the three G’s.’’ He said, made that repeatedly clear. However, they graduated from college and did ‘‘God, gays, and guns.’’ we have offered an alternative that is

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10370 CONGRESSIONAL RECORD — SENATE July 20, 1995 framed in terms of the language that I think we would all be better off if saying this is the public will, to let us the opponents of regulatory reform we went home and campaigned on our decide to hitch up and do it. wished, and we have heard nothing accomplishments than on our rhetoric Twenty years later, as the Senator back from that, at this point, together and on our demagoguery on these from Louisiana well knows, we now use with three other amendments we were issues. twice as much energy in America and willing to go along with. I know the Senator from Louisiana have cleaner air. Is it perfect air? No. As I understand it, those who are op- has labored long and hard on this issue. We still have some air quality prob- posed to the Dole-Johnston proposal He has shown his usual patience. I lems. But instead of the doomsday sce- are urging people not to vote for clo- served as a member of a committee nario that a lot of folks felt we were ture on the grounds that there is this which he chaired and discovered that heading toward with continually de- great negotiation going on that is get- patience in a variety of circumstances. grading our airshed, we have over the ting close. If there is such a negotia- I am grateful to him for his state- last 20 years, even as we have substan- tion going on, I am not aware of it. We ment here today, and want to align tially increased our use of energy, are waiting for an answer and not re- myself with his plea, for whatever we cleaned America’s air. We have cleaner ceiving one. will do on my side of the aisle, to say air and less smog. I happen to feel very I do not know whether the majority let us not hold this as an issue, let us proud of that. I think that is an enor- leader is going to call for another clo- do the very best we can to bring it to mous success story. ture vote or not. At this point, I must a head, get cloture and get this done. Not many people even know it. No say, it appears we do not have the I yield the floor. one will talk about it, because success votes for cloture, which means the reg- Mr. DORGAN addressed the Chair. does not sell. Failure and scandal sells. ulatory reform bill will go down to de- The PRESIDING OFFICER (Mr. Success does not. We have fewer prob- feat. The majority leader, of course, is KYL). The Senator from North Dakota. lems with acid rain. We have cleaner in charge of the schedule, but I am ad- Mr. DORGAN. Mr. President, I was rivers, cleaner streams and cleaner vised that is a busy schedule. interested. As the Senator from Lou- lakes in America now than we had 20 Unfortunately, there are members of isiana began speaking he talked about years ago. That is quite a remarkable the other party who would like the speaking on behalf of those who want accomplishment and achievement once issue of regulatory reform not to pass, regulatory reform. I do want to say I our country decided we were going to to have the issue. There are Members think the Senator from Louisiana is do things the right way. I am enor- on this side of the aisle, I think, who one of the best Members of the U.S. mously proud of that. would like the issue for the opposite Senate, is one of the most thoughtful, I just do not think under any condi- reason. And many of us are in the mid- bright, and interesting Members of the tion we want to retreat on those funda- dle, who fervently believe we ought to U.S. Senate. mental principles. We are fighting for have regulatory reform, that it is one I will say to him, however, that I do clean air, we are fighting for clean of the most wasteful operations of Gov- not think there is a division in this water, and we are fighting to maintain ernment that we now have, that we body between those who want regu- a safe food supply. All of those things have an opportunity, really to do some- latory reform and those who do not. I are important. thing important, something that will am someone who supports the Glenn- I join the Senator in his concern really make sense out of the regulatory Chafee substitute. It is in my judgment about trying to streamline regulations problems we have today. a legitimate, serious substitute that with regulatory reform. The desire for I very strongly believe that. I have will in and of itself create substantial regulatory reform, I think, is shared by very strongly believed in regulatory re- regulatory reform. virtually every Member of this body. form for 2 years now, since the Senate So I really do not think this is a The division at the moment is a divi- initially passed, last year, by a vote of question of a group of people who want 94 to 4, a risk-assessment proposal. sion between those of us who want to things just the way they are, and who do this in the manner described in the Now, when we are on the threshold of love the status quo with all current being able to get it done, unfortunately Glenn-Chafee substitute versus those regulations. It is not the case. Most it appears it is going down the drain, who want to do it in the manner de- Members of the Senate, I believe, feel mainly by arguments against the Dole- scribed in the Dole-Johnston sub- very strongly that there are some Gov- Johnston bill which are simply not cor- stitute. ernment regulations that are silly, rect; some of which, by the administra- I just took the floor in order to say that are intrusive, that are totally in- tion, are made disingenuously, in my that I think there is a uniform desire appropriate, and that simply over- view. here to do the right thing with respect To say the test is least-cost under whelm for no good cause a lot of Amer- to regulations. We do not in any event the Dole-Johnston bill is just not true. icans who are trying to run small busi- want to roll back the regulations that It is there in very plain language, very nesses, or big business for that matter. have allowed us to achieve significant plain language. Nevertheless, I think We want to change that. victories in the last 20 years with re- we will probably, if I read the majority But we also care very much about spect to clean air, clean water, and safe leader correctly, have another cloture important, good regulations that work. food. That is what I think the real devote; and failing in that, which I guess I know the Senator from Louisiana bate is about. we will, it will be farewell to regu- does as well. He has heard me describe So I appreciate the thoughts of the latory reform. That is a real shame. before the circumstances with respect Senator from Louisiana. I wanted to And I do not understand the opposition to the Clean Air Act. The Senator was rise to make that point. to this bill. describing the other day circumstances Several Senators addressed the If there are amendments that need to in which I believe it was EPA was de- Chair. be made, let us know about them. scribing the kind of approaches here on The PRESIDING OFFICER. The Sen- There is nothing, nothing, zero, going regulations as a result of popular pub- ator from Louisiana. on, in terms of trying to resolve this lic opinion or public opinion polls. I un- Mr. JOHNSTON. Mr. President, I will question. It looks as if it is a lost derstood what the Senator was saying. stand corrected—this is not against cause, and I regret that. On the other hand, in the 1970’s those who are against the bill as op- I yield the floor. America woke up and decided as a re- posed to those who are for it. I think The PRESIDING OFFICER. The Sen- sult of a new consciousness with Earth the Senator from North Dakota cor- ator from Utah. Day and other things that we cannot rectly states that it is those who are Mr. BENNETT. Mr. President, I want keep spoiling the nest we are living in, for the Glenn-Chafee bill and those who to take this occasion to commend the that we have to stop polluting the air are for Dole-Johnston bill. The dif- Senator from Louisiana for his leader- and start cleaning the air, that we ference is that many of us regard the ship on this issue, and assure him that have to stop polluting the water and Glenn-Chafee bill as being a permissive this is one Senator who agrees. I do not start cleaning our water. If that was bill; that is, it permits the agencies to want it held as an issue. I want it as an the public will, I applaud EPA, and engage in regulatory reform but it does accomplishment. others, and applaud the Congress for not require them to do so. Whereas,

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10371 Dole-Johnston does. We are operating reform. Our fear is that this bill in its lem with the many new petition proc- under an Executive order now that on current form is going to result in the ess. We are working on that. I think its face requires it, but actually does agency being so swamped with peti- the Senator from Louisiana agreed a not require it. And if we are talking tions and having to respond to so much couple days ago at least on reasonable about a permissive kind of bill, in my judicial review that they simply can- alternatives. Where it says ‘‘reasonable view, that is what we have now. not do what they were intended to do, alternatives,’’ I believe his suggestion To be sure, it has resulted in great which is protect the health, the safety, is to limit those alternatives that the advances forward. Look, all of the laws and the environmental concerns of agency has to consider to three or four. for which we voted—I voted for all of Americans. This is a major issue. We have not all these, the Clean Air Act, the Clean Now, I do not know how many times agreed on that yet, but I think we can Water Act, et cetera—have made some we have to say it. There are stupid make major steps forward. great advances. And if you want to agency rules in existence. I am con- Now, on automatic repeal of a sched- keep the present status quo, I would fident that people of good faith can sit ule for some rules, I think we are pret- say the thing to do is vote for Glenn- down and identify them. There are ex- ty close on that. We still do not agree Chafee. Glenn-Chafee will not pass, in cesses where agencies have even on a third area, though—on special in- my view. I just think it is unfortunate reached beyond the stated intent of a that this is being painted as an ongoing statute. terests, such as including the toxics re- negotiation. That is not what we are here to do. I lease inventory in this bill. Mr. KERRY. Will my friend yield? am confident if we sit down further and That is a major concern. We have Mr. JOHNSTON. Yes. continue to be able to try to reach made substantial progress in a number Mr. KERRY. It is the last comment somewhere between what Senator of areas here, and we have three or four previously made on the floor that GLENN and Senator CHAFEE have put more to go. But the Senator from Lou- helped bring me to the floor, and I forward and what the Dole-Johnston isiana states that we have not gotten thank my friend from North Dakota bill represents, there ought to be a back with an answer yet to a proposal for already responding to some degree, meeting of the minds. last evening. I am sure the Senator and I know the Senator from Ohio is Mr. JOHNSTON. If the Senator will from Louisiana will agree this is very now here. Let me just respond to that. yield, we submitted four major pro- complex legislation. We have been We are perfectly prepared to sit posals and have asked can we clear working on it all morning and are down, and we have been on an ongoing those. Every time there is an argu- going to meet on it this afternoon. basis. Yesterday afternoon, I believe, I ment—yesterday we had an argument got in written form a response to the about whether this is least cost. My So I hope we still continue in good- most recent suggestions that we made friend from Michigan said no because faith negotiations. I think we have with respect to the bill. The principal there is this word ‘‘nonquantifiable.’’ I made a lot of progress, and this is prob- sponsor of the bill is on the floor now. said, ‘‘I have an amendment here to ably as complex a bill and as far-reach- I know he will say that he is not stuck take it out. Would you permit me to do ing for every man, woman and child in in the mud or cement or anything with so?″ this country as anything we will con- respect to the fact that the Glenn- ‘‘Not now.’’ sider in this Congress. Chafee bill in and of itself, in its en- Then there were other speeches back I think we are making progress here. tirety, is somehow presumed to be the to back. We could not take it out. Now, We are about to go to a meeting where only vehicle to pass. We understand we offered four amendments yesterday we are going to talk about some of that full well. Nor are we in a position which I thought were agreeable amend- these very complex issues. We are sup- that is embracing a no-bill strategy. ments. Can we at least have agreement posed to meet at 2:15. And we are nego- We have a lot of folks on our side of the to take those out, to try to improve tiating in good faith. I certainly do not aisle, myself included, who would like the bill on matters that we agree on, read into our processes here anything to vote for regulatory reform, number does not seem to be possible. except good faith on both sides. Mr. KERRY. Let me say to my one, and who are prepared—in fact, So I was a little bit surprised to hear more than prepared —we are already friend—— Mr. GLENN addressed the Chair. the doom and gloom that I heard in my agreed in our negotiations to arrive at The PRESIDING OFFICER. The Sen- office a little while ago, and that is the new decisional criteria. ator from Louisiana has the time. reason I came over to the floor. I think There are some outside who do not Mr. GLENN. Will the Senator yield? we are making good progress on this. want that. But we have agreed that Mr. JOHNSTON. Mr. President, I will There are a number of areas that I cost evaluation and risk assessment yield for a question. think we can agree on, and I hope we are appropriate things in a modern so- The PRESIDING OFFICER. The Sen- can have more before the afternoon is ciety to do to make a judgment about ator from Ohio is recognized. whether or not you are spending more Mr. GLENN. I was surprised in my of- over. money than the benefit you are get- fice to hear practically the death knell Mr. JOHNSTON addressed the Chair. ting. being rung over our efforts to get regu- The PRESIDING OFFICER. The Sen- The problems that remain, however, latory reform. The Senator is aware ator from Louisiana. are significant. When you have 48 Sen- that he sent us a fax last night, and we Mr. JOHNSTON. Mr. President, I ators, obviously going to diminish by 1, are working out the answer to that. wish I could share the optimism of my 2, 3—we all understand how it works Meanwhile, each one of the cloture friend from Ohio. He and the Senator around here. But when you have a suf- votes that we have had have allowed us from Massachusetts are both my good ficient number of Senators still saying to make some progress. We have made friends. I have great respect for their this bill is a problem, and much more a lot of progress on this regulatory re- good faith, for their sagacity in all of importantly, I say to my friend, when form bill. They have offered to sub- you have the President of the United stitute ‘‘least cost’’ for ‘‘greater net these matters. But, Mr. President, it States and his full Cabinet saying in benefits’’—this is an improvement and was my understanding that today we its current form this bill will be ve- if we can write it up properly, we may were going to have our final cloture toed, then there ought to be a legiti- be able to agree to their proposal. ‘‘Net vote and nothing seems to be hap- mate effort here by all of us to legis- benefits’’, as I understand it, is in the pening. It seems, at least it is my view, late in a way that precludes that veto Executive order language. They want that the requests for amendments are or try to reach a reasonableness where to use that language in the decisional in sort of an expanding file; you get the best effort has been made to do so. criteria, and we are willing to consider one and you agree to it, and then 2 or With all due respect, we still have a their proposals. We are making 3 days later it comes back to you as a problem where we are still fighting and progress. criticism of the bill because somehow the Senator knows what it is about. It We have also made progress on litiga- you did it wrong. is about these 88 different standards, tion opportunities and judicial review, It is a complicated bill. It is not that new standards for litigation, and the as I understand it. I believe we agree complicated. It is fairly straight- fact we do not feel we have sufficiently that the final rule will be what is forward. Some of these four amend- made this a bill which will, indeed, be challengeable. We do still have a prob- ments were strike amendments, to

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10372 CONGRESSIONAL RECORD — SENATE July 20, 1995 strike provisions that people disagreed the Senator from Louisiana was accu- cious, make the final agency action ar- with. Now, we ought to do that. We rately just portrayed. And I agree with bitrary and capricious. In most in- ought to say, ‘‘I ask unanimous con- him. stances, it would not be. sent that we strike this.’’ We cannot The Senator just said, ‘‘All you can But the very idea of having risk as- get agreement even to strike the lan- do is make a judgment about the final sessment and cost-benefit analysis is to guage that is used against us. And the rule as to whether or not the final rule find out what the cost is and to make reason is I think because it improves is arbitrary and capricious.’’ I agree the agency focus on science and use the bill and helps get toward cloture. with him. That is the standard we good science. Because, Mr. President, I hope that there is hope, but I do not want. That is what he says he wants. the reason I brought up risk assess- share that hope. That is what he says the bill does. We ment almost 2 years ago was that I When it comes down to the final disagree. We believe that because of found, in the committee I chaired at vote, whenever that is, and this bill the lack of clarification in one para- that time, that they were not using goes down, there will be those who say, graph that in fact the Senator inad- good science, that they were ignoring ‘‘Oh, we were so close.’’ I, for one, vertently is opening up all of the proce- their own scientists, that they did not would just like to say I do not believe dural standards to review. If we will have the foggiest notion what the regu- we are that close. To say that there are simply make clear in the text with the lations were going to cost. 88 ways to appeal or to attack on ap- language we have sought that it is in- In one particular case, it was $2.3 bil- peal, using that logic there are billions deed as he says, not as to the proce- lion dealing with a nonexistent risk, of ways because there is only one ap- dure, but exclusively as to the final and they did not know what it was peal and one standard for appeal. That rule only, without regard to the proce- going to cost. They had ignored their is, is the final agency action arbitrary dure except as it fits into the whole own scientists. Now, that goes on—not and capricious? record, we will solve that problem. every day, not in every regulation. Now, you can use an unlimited num- Now, I ask the President or anybody And, yes, we make some great progress ber of arguments making sense or not listening if that really sounds so unrea- on a lot of these environmental laws. making sense, but those 88 standards sonable. And the problem is that every And I voted for virtually every one. are not standards for appeal. They are time we get to the point of saying, But do not ever think, Mr. President, simply things that somebody can ‘‘Why cannot we codify your intent,’’ because the air is cleaner and the argue. Why not make it 1,000? It is lim- we run into a stone wall. So it makes water is cleaner and all of that, that itless what you can argue to a court. us feel, ‘‘Well, gee whiz, if we cannot there are not great excesses in our environmental regulation system. If you There is no limit. But there is one codify with specificity the stated in- just want to make it permissive, you standard: Was the final agency action tent, which does not serve us anything know, say these are good employees of arbitrary and capricious? when you go to court afterwards, some- the Government and they are doing That is the standard—only one—and thing is wrong here.’’ their job well and the air is cleaner, only one appeal. Now, I say to my friend, he is a very This came out of the Justice Depart- good lawyer. He knows exactly what well, that is fine. If that is what you believe, then you know, business as ment. They produced this long list of will happen. If you go to page 52, line 4, usual is good. It is making progress in 88. If that is the kind of logic that we paragraph 633, there is a requirement here: The agency must use the best one sense. have to face from the Justice Depart- I do not believe that is so, Mr. Presi- reasonably available scientific data ment, there is no hope on this bill, be- dent. I think I can prove it. I think I and scientific understanding. If a cause it defies logic. One appeal and have proven it. one standard. claimant wants to come in with a good Mr. KERRY. I do not disagree with Mr. KERRY. Mr. President, let me lawyer and say the agency did not use what the Senator just said. But he did just answer my friend, if I may. the best reasonably available scientific not in effect answer the problem that I The PRESIDING OFFICER. The Sen- data, and therefore their decision was posed. Now we have language that we ator from Massachusetts. arbitrary and capricious, you have have given to the Senator. The Senator Mr. KERRY. This is an example of opened up each procedural section here has accepted one form of language, but how close but in a sense how far be- to that kind of individual appeal. the Justice Department tells us that cause the 88 standards that are here are And, in addition to that, you have we have not cured the problem we are not currently in the law. In the current procedural requirements that amount talking about. We have given him new law for rulemaking there is one page to that. All we are saying is if you do language which we think cures it. that describes what an agency has to not intend each of these subsections to Mr. JOHNSTON. What is the new lan- do to make a rule. become the basis of that appeal, let us guage that is—— You talk about what this grassroots just say it. If we say it, we have solved Mr. KERRY. Let me point to another revolution is all about in an effort to our problem. kind of problem just to kind of articu- kind of get the process closer to Amer- Mr. JOHNSTON. Well, Mr. President, late, I think, the good faith with which ica and less government; one page is if I may reply to that, what we intend, we are framing some of these issues. the current law. This bill creates 66 what we say very clearly, is that it is There is a rulemaking petition process. new pages of requirements. That is the final agency action that is judged I have agreed, Senator GLENN has more Government. by the standard of arbitrary and capri- agreed, and Senator LEVIN has agreed Mr. JOHNSTON. Will the Senator cious, that the risk assessment and the that all of us think any American enti- yield at that point? cost-benefit analysis will be part of the ty, a corporation, some kind of envi- Mr. KERRY. I would like to finish record. And that any violations may be ronmental group, that feels aggrieved the point. I will be happy to yield for a used solely—we use the word ‘‘solely’’ by a decision ought to have some question on that, sure. advisedly to determine whether that means of redress for that sense of Mr. JOHNSTON. Yes. I was going to final agency action is arbitrary and ca- grievance. They ought to be able to say in the Glenn-Chafee amendment, pricious. come into the agency and say, ‘‘Hey, does it not also have standards? If so, Now, the standard that the Senator wait a minute. This is a crazy rule. We how many new standards? just read, did you use the best science, want you to be able to review this Mr. KERRY. It does not have the may or may not bear on the question of rule.’’ same structure, no. It leaves discretion the final rule being arbitrary and ca- We agree with that. I am sure most to the agency. It does not create 66 new pricious. If it is one of these rules of us would say that is reasonable. We pages of exactly how the rulemaking is where the issue is the quality of the do not want Americans running going to take place. Let me be more science, and if they did not use proper around, companies or individuals, feel- precise to my friend. The struggle we science, but rather subjected the Amer- ing as if there is no path to a legiti- are having is over a couple of words ican public to billions of dollars in reg- mate review. which will clarify the stated intent of ulation, which flies in the face of good What we do not want, Mr. President, the Senator from Louisiana, but not science, then, yes, that violation could is an unlimited Pandora’s box for gam- the written intent. The stated intent of be conceivably arbitrary and capri- ing the system, where one company

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10373 can come in and bring a petition, then For the issuance, amendment or repeal of a Levin Nunn Sarbanes their cohort friend company could rule, for the amendment or repeal of an in- Lieberman Pell Simon terpretive rule or general statement of pol- McCain Pressler Snowe come in and bring a petition, then an- Mikulski Pryor Specter icy or guidance, and for an interpretation re- other company associated in the same Moseley-Braun Reid Thompson garding the meaning of a rule, interpretive industry but not the same could come Moynihan Robb Warner rule, general statement of policy or guid- Murray Rockefeller Wellstone in and bring a petition. Under the re- ance. quirements of the bill—I say to my NOT VOTING—2 There are 14 different things that friend in the chair and others—this is Biden Inouye somebody can come in and just peti- not going to reduce Government. This tion, ‘‘I want this changed.’’ So, the motion to lay on the table is not going to streamline the agency the amendment (No. 1803) was rejected. The agency is then required to grant or process. This is not going to lift the Mr. MCCONNELL. Mr. President, I burden of regulation. It is going to cre- deny a petition and give written notice of its determination to the petitioner with reason- suggest the absence of a quorum. ate far more gridlock than we have had able promptness but, in no event, later than The PRESIDING OFFICER. The before because you are going to take a 18 months afterwards. clerk will call the roll. fixed number of employees with a The legislative clerk proceeded to So all of these requests could come shrinking budget, give them greater recall the roll. in. You have a fixed period of time to sponsibility to answer petitions, great- Mr. DOLE. Mr. President, I ask unan- provide the answer. You have no addi- er responsibility to go to court, to the imous consent that the order for the tional personnel to do it. judiciary, greater responsibility to do quorum call be rescinded. risk assessment, greater responsibility The written notice of the agency’s deter- The PRESIDING OFFICER (Mr. to do cost evaluation. And there will be mination will include an explanation of the THOMPSON). Without objection, it is so determination and a response— less people to do it. ordered. Mr. JOHNSTON. Will the Senator f AMENDMENT NO. 1807 TO AMENDMENT NO. 1803 yield at that point? Mr. DOLE. Mr. President, I send a Mr. KERRY. This is an unfunded LEGISLATIVE BRANCH APPRO- perfecting amendment to the Feingold mandate. My friend from Ohio said PRIATIONS FOR FISCAL YEAR amendment to the desk and ask for its this: ‘‘This is the mother of all un- 1996 immediate consideration. funded mandates.’’ The Senate continued with the con- The PRESIDING OFFICER. The Mr. JOHNSTON. Mr. President, if my sideration of the bill. clerk will report. friend will yield, I have two questions. The assistant legislative clerk read First of all, I have not seen the judicial VOTE ON MOTION TO TABLE AMENDMENT NO. 1803 as follows: The PRESIDING OFFICER. The hour review language. If it has been done, The Senator from Kansas [Mr. DOLE] pro- there may be some progress. of 2:30 having arrived, by previous poses an amendment numbered 1807 to Mr. KERRY. Mr. President, the prob- order, the question occurs on agreeing amendment No. 1803. lem with this is, we are trying to write to the motion to lay on the table Mr. DOLE. Mr. President, I ask unan- one of the most complicated pieces of amendment No. 1803 offered by the Sen- imous consent that reading of the legislation in none of the committees ator from Wisconsin [Mr. FEINGOLD]. amendment be dispensed with. to which the jurisdiction falls. The The yeas and nays have been ordered, The PRESIDING OFFICER. Without committee to which the jurisdiction and the clerk will call the roll. objection, it is so ordered. fell was the Governmental Affairs The legislative clerk called the roll. The amendment is as follows: Committee. They sent us the Glenn- Mr. FORD. I announce that the Sen- Strike all after the word SEC. and insert Roth bill at the time. It came out to us ator from Hawaii [Mr. INOUYE] is nec- the following: ‘‘It is the sense of the Senate 15 to 0. So we did have a bipartisan essarily absent. that before the conclusion of the 104th Con- consensus about how to approach this. I also announce that the Senator gress, comprehensive welfare reform, food Mr. JOHNSTON. Not on the Glenn- from Delaware [Mr. BIDEN] is absent stamp reform, Medicare reform, Medicaid re- Chafee bill. because of attending a funeral. form, superfund reform, wetlands reform, re- Mr. KERRY. No, not Glenn-Chafee. I authorization of the Safe Drinking Water I further announce that, if present Act, reauthorization of the Endangered Spe- said Glenn-Roth. I said Glenn-Roth. and voting, the Senator from Delaware cies Act, immigration reform, Davis-Bacon And the only change between Glenn- [Mr. BIDEN] would vote ‘‘nay.’’ reform, State Department reauthorization, Roth and Glenn-Chafee, I believe fun- The PRESIDING OFFICER. Are there Defense Department reauthorization, Bosnia damentally, is the fact that the sunset any other Senators in the Chamber de- arms embargo, foreign aid reauthorization, is out and there is a minor change or siring to vote? fiscal year 1996 and 1997 Agriculture appro- two. But the other committee, the En- The result was announced—yeas 41, priations, Commerce, Justice, State appro- vironment and Public Works Com- nays 57, as follows: priations, Defense appropriations, District of Columbia appropriations, Energy and Water mittee that has jurisdiction, was com- [Rollcall Vote No. 313 Leg.] pletely bypassed. The Judiciary Com- Development appropriations, Foreign Oper- YEAS—41 ations appropriations, Interior appropria- mittee, as everybody knows from the tions, Labor, Health and Human Services report, barely had an opportunity to Abraham Faircloth Mack Ashcroft Frist McConnell and Education appropriations, Legislative legislate. Bennett Gorton Murkowski Branch appropriations, Military Construc- Now, what did we get? We got a bill Bond Gramm Nickles tion appropriations, Transportation appro- written in back rooms, cloakrooms— Burns Grams Packwood priations, Treasury and Postal appropria- Campbell Grassley Roth tions, and Veterans Affairs, Housing and who knows where—offices. It comes to Chafee Gregg the floor, and now we are trying to Santorum Urban Development, and Independent Agen- Coats Hatch Shelby Cochran Hutchison cies appropriations, reauthorization of the write legislation. So it is difficult when Simpson Coverdell Inhofe Older Americans Act, reauthorization of the you are weighing the impact of each of Smith Craig Kempthorne Individuals with Disabilities Education Act, Stevens these words to do it in an afternoon, D’Amato Kyl health care reform, comprehensive campaign with a Whitewater hearing and a Bos- DeWine Lott Thomas Thurmond finance reform, job training reform, child nia debate and all the other meetings Dole Lugar support enforcement reform, tax reform, and that we go to. It is not a question of NAYS—57 a ‘‘Farm Bill’’ should be considered. bad faith. Akaka Daschle Heflin Mr. DOLE. Mr. President, I ask for Mr. JOHNSTON. Will the Senator Baucus Dodd Helms the yeas and nays. yield. Bingaman Domenici Hollings The PRESIDING OFFICER. Is there a Boxer Dorgan Jeffords Mr. KERRY. Let us look at the rule- sufficient second? making petition process. Here is what Bradley Exon Johnston Breaux Feingold Kassebaum There is a sufficient second. it says: Brown Feinstein Kennedy The yeas and nays were ordered. Each agency shall give an interested per- Bryan Ford Kerrey Mr. DOLE. Mr. President, I yield to son the right to petition. Bumpers Glenn Kerry the Senator from Kentucky. Byrd Graham Kohl So we are opening up to everybody in Cohen Harkin Lautenberg Mr. MCCONNELL. Mr. President, I America the right to petition. Conrad Hatfield Leahy had earlier offered a second-degree

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10374 CONGRESSIONAL RECORD — SENATE July 20, 1995 amendment which listed a variety of by the Republican Conference last De- it deserves a commensurate level of fis- issues that the new Republican major- cember and achieves the goal of reduc- cal support to fulfill its mission. It is ity feels should be addressed in this ing legislative branch spending by $200 important legislation that forms the Congress. Then there was a motion million from the 1995 level. It is impor- cornerstone for the congressional re- made to table the underlying Feingold tant that the Congress set an example form that is taking place in the 104th amendment, which was defeated. for the rest of the country by cutting Congress. Senator MACK was an early I point out there were 41 votes in its own spending first. cosponsor of my mandate relief legisla- favor of the motion to table, therefore Another important feature of this tion and he never waived from his com- against the Feingold amendment. I bill is that it provides an increase of mitment to see it enacted into law. think it is reasonable to assume that, $2.6 million over the 1995 level for the AMENDMENT NO. 1804 WITHDRAWN if there were an effort to force this Congressional Budget Office to enable Mr. DOLE. Mr. President, I ask unan- Democratic agenda item onto this—— that agency to meet the new require- imous consent that amendment No. The PRESIDING OFFICER. The Sen- ments that were created in the Un- 1804 be withdrawn and the vote occur ator will suspend. The Senate will be in funded Mandates Reform Act passed at 4 p.m. on amendment No. 1807. order. earlier this year. Mr. MCCONNELL. Mr. President, I I urge the Senate to adopt this bill So the amendment (No. 1804) was think it is reasonable to assume, given and to avoid offering amendment which withdrawn. the outcome of the Feingold sense-of- would cause the subcommittee to vio- The PRESIDING OFFICER. Is there the-Senate resolution, that any effort late its 602(b) allocation. objection? Without objection, it is so to, essentially, muscle this Democratic I ask unanimous consent that a table ordered. agenda item onto the Republican Sen- relating to spending totals be printed Mr. DOLE. That will accommodate ate would likely be greeted with a fili- in the RECORD. one of our colleagues on the other side buster. But of course that was just a There being no objection, the table and also permit the Senator from sense-of-the-Senate resolution. I sup- was ordered to be printed in the South Carolina to proceed with his pose people can read into it whatever RECORD, as follows: amendment. they choose. Mr. HOLLINGS addressed the Chair. The second-degree that the Repub- LEGISLATIVE BRANCH SUBCOMMITTEE The PRESIDING OFFICER. The Sen- lican leader has forwarded to the desk [Spending totals—Senate-reported bill; fiscal year 1996 in millions of ator from South Carolina. dollars] simply adds campaign finance to the AMENDMENT NO. 1808 whole litany of other issues. It listed a Category Budget Outlays Mr. HOLLINGS. Mr. President, I whole variety of things the Senate authority have an amendment at the desk and I ought to be addressing and simply adds Nondefense discretionary: ask for its immediate consideration. campaign finance to it. Those who feel Outlays from prior-year BA and other actions com- The PRESIDING OFFICER. Does the pleted ...... 206 campaign finance ought to be on the H.R. 1854, as reported to the Senate ...... 2,130 1,981 Senator wish to offer an amendment to agenda of the 104th Congress surely Scorekeeping adjustment ...... the bill itself or to the pending amend- ought to have no objection to the Subtotal nondefense discretionary ...... 2,130 2,188 ment? amendment now before us. Mandatory: Mr. HOLLINGS. If there is no objec- Outlays from prior-year BA and other actions com- Mr. President, I yield the floor. pleted ...... 92 92 tion, to the bill itself. The PRESIDING OFFICER. Is there H.R. 1854, as reported to the Senate ...... The PRESIDING OFFICER. Without Adjustment to conform mandatory programs with further debate? The Senator from Wis- Budget Resolution assumptions ...... ¥2 ¥2 objection, the pending amendment will consin. Subtotal mandatory ...... 90 90 be temporarily set aside, and the clerk Mr. FEINGOLD. Mr. President, I sug- will report. gest the absence of a quorum. Adjusted bill total ...... 2,220 2,278 The bill clerk read as follows: The PRESIDING OFFICER. The The Senator from South Carolina [Mr. clerk will call the roll. Senate Subcommittee 602(b) allocation: Nondefense discreationary ...... 2,168 2,188 HOLLINGS], for himself, Mr. HATCH, Mr. STE- The legislative clerk proceeded to Mandatory ...... 90 90 VENS, Mr. ROBB, Mr. LIEBERMAN, Mr. call the roll. Total allocation ...... 2,258 2,278 WELLSTONE, and Mr. KENNEDY, proposes an Mr. DOLE. Mr. President, I ask unan- amendment numbered 1808. imous consent that the order for the Adjusted bill total compared to Senate Subcommittee Strike page 29, line 6, through page 30, line quorum call be rescinded. 602(b) allocation: 20, and insert in lieu thereof the following: Nondefense discretionary ...... ¥38 ¥0 The PRESIDING OFFICER. Without Mandatory ...... For salaries and expenses necessary to carry out the provisions of the Technology objection, it is so ordered. ¥ ¥ Mr. DOMENICI. Mr. President, I rise Total allocation ...... 38 0 Assessment Act of 1972 (Public law 92–484), in support of H.R. 1854, the legislative Note: Details may not add to totals due to rounding. Totals adjusted for including official reception and representa- consistency with current scorekeeping conventions. branch appropriations bill for fiscal tion expenses (not to exceed $5,500 from the year 1996. Mr. KEMPTHORNE. Mr. President, I Trust Fund), $15,000,000: Provided, That the rise today in strong support of H.R. Librarian of Congress shall report to Con- The bill, as reported provides $2.1 bil- gress within 120 days after the date of enact- lion in new budget authority and $2 bil- 1854, the legislative branch appropria- ment of this Act with recommendations on lion in outlays for the Congress and tions bill. I especially want to thank how to consolidate the duties and functions other legislative branch agencies, in- Senator MACK, the subcommittee of the Office of Technology Assessment, the cluding the Library of Congress, the chairman, for his commitment to fund General Accounting Office, and the Govern- General Accounting Office, and the the Congressional Budget Office at a ment Printing Office into an Office of Con- Government Printing Office, among level which will allow the CBO to carry gressional Services within the Library of others. out the duties given them under the Congress by the year 2002: Provided further, When outlays from prior year appro- Unfunded Mandates Reform Act of 1995. That notwithstanding any other provision of this Act, each of the following accounts is priations and other adjustments are The $2.6 million appropriation included reduced by 1.12 percent from the amounts taken into account, the bill totals $2.2 in this bill for CBO provides the nec- provided elsewhere in this Act: ‘‘salaries, Of- billion in budget authority and $2.3 bil- essary funding and staffing to allow fice of the Architect of the Capitol, Archi- lion in outlays. The bill is under the them to perform the cost estimates re- tect of the Capitol’’; ‘‘Capitol buildings, Ar- subcommittee’s 602(b) allocation by $38 quired under the Mandates Reform Act chitect of the Capitol’’; ‘‘Capitol grounds, million in budget authority and less without inhibiting their ability to per- Architect of the Capitol’’; ‘‘Senate office than $500,000 in outlays. form their primary responsibilities. As buildings, Architect of the Capitol’’; ‘‘Cap- I want to commend the distinguished the committee report stated, failure to itol power plant, Architect of the Capitol’’; chairman and ranking member of the ‘‘library buildings and grounds, Architect of do so would create an unfunded man- the Capitol’’; and ‘‘salaries and expenses, Of- legislative branch subcommittee for date within the Congress itself. fice of the Superintendent of Documents, producing a bill that is substantially The Unfunded Mandate Reform Act Government Printing Office’’: Provided fur- within their 602(b) allocation. of 1995 passed both Houses of Congress ther, That notwithstanding any other provi- I am pleased that this bill incor- with the support of more than 90 per- sion of this Act, the amounts provided else- porates most of the changes endorsed cent of the Members in each body and where in this Act for ‘‘salaries and expenses,

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10375 General Accounting Office,’’ are reduced by had a very close vote, and if I had had If we go right to it, I think one of the 1.92 percent. the proxies of absent Members, this principal objections is that the needs Mr. FEINGOLD. Mr. President, will amendment would not be necessary for these studies will not go away. If the Senator yield for just a moment? today. It would have been adopted in each committee crowds in on the tech- Mr. HOLLINGS. I ask unanimous committee and on the bill at the mo- nological needs for information from consent that I may yield to my col- ment. the General Accounting Office, obvi- league from Wisconsin without losing Be that as it may, Mr. President, I ously the General Accounting Office the right to the floor. have now clarified the provisions of will go out and hire all of these people The PRESIDING OFFICER. Without this $15 million. The President’s budget and meet themselves coming around objection, it is so ordered. for the Office of Technology Assess- the corner having in all probability ex- Mr. FEINGOLD. Thank you, Mr. ment is some $22 million, and this con- pended more money. President. I thank the Senator from tinues OTA but levels a 30-percent cut, at a level of $15 million, to be obtained Now, what is wrong? This crowd—and South Carolina very much. I guess I am in on it, too, because I get I just want to briefly comment on from a 1.12-percent cut from the var- frustrated on figuring out where you what we just resolved with regard to ious legislative accounts—the Office of try to save money. I have been through the campaign finance reform issue. the Architect of the Capitol, the Cap- the exercise of freezes, the cuts of I am very gratified by the bipartisan itol Building, Capitol Grounds, Senate Gramm-Rudman-Hollings, a value- vote, very strong vote, including 11 office buildings, the Capitol Power added tax allocated to the deficit and Members on the opposite side of the Plant, the salaries and expenses of the all the other attempts made to get us aisle, against tabling the sense-of-the- Superintendent of Documents, the Gov- in the black. Unfortunately, in today’s Senate resolution with regard to the ernment Printing Office, and a 1.92-per- political climate, individual chairmen issue of bringing up and considering cent cut out of the GAO. We thought, come around and say, ‘‘Well, I have got campaign finance reform during the twofold; one, we could make that a lit- to eliminate something.’’ And more or 104th Congress. It is one of the strong- tle over 1-percent cut across the board, less, if this amendment passes, it would est bipartisan votes we have had on obtain the $15 million, keep OTA in take away a Brownie point from their this floor during this 104th Congress. harness, and otherwise, Mr. President, political resume. Now the majority leader has sug- have a study recommendation made by gested that as a perfecting amendment. the distinguished colleague from Alas- It is easy to go campaign next year In addition to a number of items that ka, who is no longer but served with and say, ‘‘I am for economy, and I got were originally in the Mack substitute distinction as the chairman of the Of- rid of the Office of Technology Assess- that did not include campaign finance fice of Technology Assessment. His ment. That is saving $15 million.’’ reform, they have now offered to in- suggestion was that we have a study on Come on. Two nights ago ABC reported clude in that list—for the first time— how best to consolidate the various on a particular misguided missile, $4 campaign finance reform. It is some- legislative or congressional services billion. You never heard this crowd thing that should be considered during within this segment of the budget and that is fussing about $15 million—we the 104th Congress. save money. took almost 2 hours in the Appropria- Mr. President, this is precisely what There is no question that this amend- tions Committee trying to save $15 mil- we had hoped for, a vote by the Senate. ment not only saves OTA, but it saves lion or trying to sustain the need to I hope, given the fact that it is the ma- money. It is bipartisan. I offer this know of the Members of this Congress. jority leader’s intention to support his amendment for myself, Mr. HATCH, Mr. But they do not talk about that $4 bil- STEVENS, Mr. ROBB, Mr. LIEBERMAN, own proposal, that we will have very, lion. Mr. KENNEDY, Mr. WELLSTONE, and oth- very strong bipartisan support to add ers who support this legislation. We Now, that is where the Congress that to the list. have now solved the problem relative ought to really be working. Do not This is a shift from earlier in the day to the Library of Congress; Dr. come around here to get a Brownie when the proposal by the Senator from Billington—and he is a good friend and point on a political resume about how Florida listed many important items an outstanding librarian—has been we saved and got rid of the Office of but did not include—in fact excluded— doing his homework. Technology Assessment. That is good campaign finance reform. Mr. President, I do not have charts or in the 20-second bite. They will not just So we are extremely pleased that we prepared statements. I agreed to limit say how much they saved and every- will have the vote, another vote in ad- my comments without charts so let me thing else of that kind. But instead dition to the other one that we had, get right to the heart of the matter. they cry in frustration, ‘‘Well, if we with the vote which was very strong, to Back in the Nixon administration, can’t cut this, where can we cut?″ indicate that before we leave here in they abolished the Office of Science the 104th Congress on a bipartisan basis I can give them a list. I voted this Adviser, and at that particular time morning against the space station. I we should reform this terrible system. the various committees were crowding I again thank the Senator from was former chairman of Commerce, in saying we have to learn about this, Science, and Transportation. I do not South Carolina for his courtesy. we have to know about that. We always Mr. HOLLINGS. Mr. President, I like to vote against the space station, referred it to the Office of Science Ad- but I am trying to maintain the space thank the distinguished colleague. I viser. We could depend on it; it had thank the Chair. program. And you see, you learn from credibility. experience. They came forward with Mr. President, this amendment is one They said, let us get together in a bi- to retain the Office of Technology As- the space station at $8 billion. The next partisan fashion, which we did, with al- thing you know it was at $17 billion. sessment. It first occurred over on the ternating between the House and the The next thing you know it was $30 bil- House side. The bill came out of the Senate as chairman, alternating be- lion. We have had four revisions of cut- committee abolishing the Office of tween Democrats and Republicans. We ting it back until all I think we are Technology Assessment but on the have had quite a successful administra- going to get is the booster or the floor the House added $15 million for tion at the Office of Technology As- thruster up in space and we’ll call it a its continuance, taking it out of the sessment. hide of the Library of Congress. One way it saves us money is by hav- station before we get through. On yesterday, Mr. President, at the ing these distinguished boards, advi- Now they have a new angle—that it full appropriations committee markup, sory panels, counseling the Office of is a matter of comity with the Soviets I offered an amendment. I was not Technology Assessment. They are com- and everything else. Fine business. If quite prepared then, and I should be prised of college presidents, heads of we were fat, rich, and happy, a space better prepared at this moment. Yes- the science departments from the insti- station could well be in order. But we terday, I was not quite prepared be- tutes of technology, and others around are broke. This Congress and Govern- cause I wanted to present the amend- the country who give outstanding as- ment around here for 15 years now has ment without cutting the Library of sistance free of charge, counseling on been spending on an average of $200 bil- Congress. The fact of the matter is we the various technological questions. lion more than we are taking in. So we

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10376 CONGRESSIONAL RECORD — SENATE July 20, 1995 are not paying our way, and we have to Do not tell me that we can give ev- Mr. President, if there has been one not just cut; we have to forgo. erything to GAO; we know GAO can do entity that has been hit hard in the Another one, AmeriCorps. I believe in it. That is not true. I worked closely legislative branch for the past 6 years, voluntarism, but I expect it. We had it for years as chairman of the Legisla- it has been the General Accounting Of- when we had Hurricane Hugo. I stood tive Appropriations Subcommittee, fice. Last year, the General Accounting in the rain that weekend, and we working with Elmer Staats and every- Office was hit with $69 million in cuts. counted up volunteers from 38 States thing else. What we had to do was cut This next year, it is $45 million in cuts. that had come around to help us. The out all the term papers that were being It has been cut back about 25 percent, first plane that landed in Hurricane made for high school graduates and ev- and that is a significant cut for the Andrew or whatever it was down there erything over there. They will take on watchdog of Congress. The General Ac- at Homestead was our plane that car- anything to keep the work going. Let counting Office has saved this country ried generators, clean water, and per- us not do that. Let us keep the Office billions and billions and billions of dol- sonnel. We had Spanish-speaking police of Technology Assessment at an eco- lars. And they are now cut back to the officers, and you saw them at Hurri- nomical price and continue it and not point where they have significantly cut cane Andrew in the recovery. No cost abolish it in the political urge to get back on the work that they can do, the to Florida, we sent them down from rid of something here. requests that we make to them that Charleston. I yield the floor. they can meet. The Office of Tech- The people of America believe in vol- Mr. REID addressed the Chair. nology Assessment did 50 major reports unteering, and they will continue to The PRESIDING OFFICER. The Sen- last year, 50 major reports for $22 mil- work to help their neighborhoods. Oh, ator from Nevada. lion. Now, Mr. President, CRS, where it is good to say on your resume I be- Mr. REID. Mr. President, there is no the money was originally to be taken, lieve in voluntarism and I voted for one in the Senate I have more respect an example of a different workload, AmeriCorps. But instead, I withheld for than the junior Senator from the CRS did 11,000 reports last year. my vote. So I have been saving the State of South Carolina. But having The work the OTA does can be done money. said that, I am not sure who would by other agencies. I have had the OTA So do not come around here saying, have won in the Appropriations Com- do work for me. They do fine work. But ‘‘Oh, if we cannot get rid of this.’’ You mittee if all the proxies had been we do not have the ability to have in are not getting rid of it. The need is given. That is something we do not our garage three Cadillacs. We have to there. What you are doing is elimi- know. The fact of the matter is, this start cutting back until we wind up nating the most economical approach, amendment was brought up before the with maybe two Chevrolets, or I should the most technologically adept ap- Appropriations Committee in an effort say a Ford and a Chevrolet, or maybe a proach to this technological need. to remove this, and that amendment Ford and a Chrysler, however you want Now, that is the best statement I can lost. to combine it. But, Mr. President, we make. I note that some of the other Mr. President, I, for 6 years, served cannot have three luxury automobiles Senators want to talk, but I can men- as chairman in the Legislative Branch anymore. All we can have is the Gen- tion some of the examples of where we Subcommittee of the Appropriations eral Accounting Office and all we can save the Government not just millions Committee. And we went through some have is the Congressional Research but billions. very rough times. In prior years, there Service, which the congressional staff The distinguished Senator from Alas- was quite a bit of money to pass depends on around here to meet the re- ka, I do not know whether he can ap- around in the legislative branch. There quests of constituents at home and proach the floor. On yesterday, we came a time when there had been cut- Members of the Senate. Our staffs de- talked about the spectrum auction, and backs in Washington generally, and no pend on the Congressional Research that came out of the Office of Tech- place has it been focused more than in Service. They did not depend on the Of- nology Assessment. And we put it up, the legislative branch. So for my friend fice of Technology Assessment. and in the last 2 years now we have from South Carolina to talk about Now, Mr. President, I say that the brought to the Government $12 bil- going into the black box where all work of the OTA can be done by other lion—not $15 million, $12 billion—from these secret things are, or the A–12, we agencies. The General Accounting Of- those auctions. So here is a money- all know that we cannot do that here fice can do their work. They are not a making entity. today. We are bound by what is in the bunch of accountants. They have sci- Those who are frustrated and say, ‘‘If Legislative Branch Subcommittee of entists there. They call in scientific I cannot cut this, where can I cut?’’ I Appropriations. That is all we can deal panels all the time. We have been told cannot understand those who are com- with. We cannot deal with A–12’s, space in this debate that they have distin- mitted to ignorance. We are trying to stations, or black box matters. We guished boards, advisory panels. Well, find out. We are trying to learn. We, have to deal with what we have in this that is not hard to copy. That is not who have been dealing with the Office very tiny little Appropriations sub- hard to do. The General Accounting Of- of Technology Assessment, study very committee. fice does the same thing. closely and look at their particular And what we have is the fact that we It is interesting to note, in one of the commitments. We just do not take have to cut $200 million from this sub- most scientific matters we have had anything and everything. committee. This amendment will cut before this body in a decade, namely, In fact, all of the requests made are approximately—this—what has been the superconducting super collider, we bipartisan. They come from the chair- done on the subcommittee level takes did not see a word from the Office of men and the ranking members of the approximately $22 million. It is a tre- Technology Assessment on the super- committees themselves. We get way mendous step forward to arriving at conducting super collider—one of the more requests than we respond to and the goals we have to meet. most scientific measures brought be- cannot take on each and every ques- Mr. President, the Office of Tech- fore this body in the last decade. OTA tion that would come. So it comes with nology Assessment is a luxury. It is did not write a report on it. a real need from the Congress itself. something that would be nice to have if I repeat the words of the Senator OTA has responded. It has done a pro- we had lots of money like we used to from South Carolina: If we cannot cut fessional job. There is no criticism in have. But we do not have the money funding for this agency, then we can- this debate about the quality of work. that we used to have, and we have to not cut funding for anything. If this is I am not going to try to overwhelm look someplace to make cuts. The not fat and something that we do not you and bring all the studies and ev- amendment offered in the Appropria- need, then there is not anything we can erything else. But we can get into a tions Committee took the money from do—$22 million in this very tiny little few of them. I am pleased—I have the Library of Congress. Well, it is ob- subcommittee. checked this amendment through with vious that that has not sold very well. The proposed amendment attempts our distinguished ranking member, the And now, there is an across-the-board to keep OTA alive. We do not kill Senator from Washington, and I will be cut, cutting things like the General things around here; we just kind of glad to adjust it. Accounting Office. choke them to death. What we are

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10377 going to wind up doing with all these ator HOLLINGS. I am also expressing my comes to us and we use it to determine budget cuts is having a significant support for preserving the Office of public policy that has a scientific or number of entities, none of which work Technology Assessment. I am not here technological basis. very well—OTA cutting at 25 percent. I to make a case that it be preserved It goes without saying that except respectfully submit to this body that with a certain amount of dollars. I am for a few professionals here and there, the budgets in this Legislative Branch not here to make a case that we main- like a medical doctor or an engineer, Appropriations Subcommittee are tain the status quo. I am not here to there are not very many Members of stretched to the near breaking point. say that OTA can not function with Congress who are experts in technical We have heard a lot about the Li- less people. I am not even here to say and scientific issues. Of course, we brary of Congress and we should hear a that you ought to maintain the Office have our personal staff and we have lot about the Library of Congress. We of Technology Assessment Board, and I committee staff. But our committee have worked very hard to maintain the am a member of that board. staffs lack the time and the expertise structure of the Library of Congress. I am here to say that OTA ought to to do in-depth analysis of these issues. The Senator from South Carolina indi- continue or at least its function as a OTA can do that. cated what they have done in the congressional aid ought to be main- Congress is not made up of a wide House is they said, ‘‘Well, we are not tained. We need OTA because it pro- range of professional backgrounds. going to cut OTA. We will have the Li- vides information so that we can iden- Two-thirds of the Senators are lawyers. brary of Congress do it.’’ What kind of tify existing and probable impacts of Half the House of Representatives, I be- way is that to do business; $16 million technological application. The applica- lieve, is made up from the profession of out of the Library’s budget? That is tion of technology impacts upon a lot law. what they are going to go to con- of public policy that we make in the ference on. That is the House’s posi- Congress of the United States. As I remind you so often, there are tion. That is not the way to run Gov- We need to have a great deal of con- only a few of us in this Congress who ernment. It is certainly not the way to fidence in the information that is are farmers. But I would not rely on run a business. available for changes in public policy my judgment on highly technical and Mr. President, we cannot, in my or the creation of public policy. highly scientific agriculture issues the opinion, having worked on this sub- Before I ever came to Congress, Con- same way that I can rely upon OTA committee for 6 years, continually cut gress saw the need for this sort of in- when they do studies in these areas these entities that make up this Legis- formation. By statute, OTA must se- that are so essential to agriculture. It lative Branch Appropriations Sub- cure unbiased information regarding puts me in a much better position, and committee: The General Accounting the impact of technological applica- my colleagues in a much better posi- Office, cut to the very core. The Gov- tion. tion, to make decisions on agricultural ernment Printing Office cut, cut. We OTA is one of the few truly neutral policy based on science and techno- have significant security needs. We are sources of information for the Con- logical based information. doing our best to maintain those. This gress. In a very real sense, OTA is our Neither the Federal Government nor amendment will take from that. source of objective counsel when it the private sector can do analysis I just do not think it is right that we comes to science and technology and geared to the particular interests of have an entity that did 50 reports last its interaction with public policy deci- congressional committees. OTA can do year—CRS did 11,000, the General Ac- sion making. just that. And it is the smallest and counting Office did hundreds and hun- There are plenty of places for infor- the least expensive congressional agen- dreds of reports. We all recognize there mation in this town, but so many of cy. is no agency that we depend on more these sources of information come OTA is intimately interfaced with than the Congressional Research Serv- from the private sector—and there is Congress through its bipartisan Tech- ice. nothing wrong with the private sector; nology Assessment Board. I am a mem- Mr. President, I respectfully submit, there is nothing wrong with organiza- ber of that board and know something I repeat, that the time has come when tions protecting their own interests, about the operation of it. The board we as Members of Congress have to even if it is in the area of science and does not need to exist just because I make some decisions. We cannot have technology. But if we do not have an am a member of it. everything as we used to. We have to unbiased source of information, then It does not matter whether CHUCK make some cuts. And we can only work we have to rely on organizations with a GRASSLEY is a member of that board or stake in keeping alive programs that with what we have. I repeat: We cannot not; you can eliminate the Board, if go out and look at A–12 airplanes, benefit their interests. Special interests can fund research, you want, but still keep OTA’s func- black box matters. We cannot look at tion. There might be better ways to get space stations. We can only look at that goes without saying. But it seems to me that Congress ought to have an the job done than the way it was origi- what the law allows us to look at. That nally set up. is this Appropriations subcommittee independent source of information rep- that deals with the things that run the resenting all interests in science and OTA works closely with Congress legislative branch. technology. Pretty much the same way through its bipartisan Technology As- I call upon my colleagues to defeat that the subcommittee has made a de- sessment Board. The Board is equally this amendment. In the gesture of what termination that a lot of other agen- made up of Democrats and Repub- we are trying to do around here, to cies that it funds ought to exist be- licans. I have served on this board make a more efficient Government, to cause of their independence. The Gen- since 1987 and I can certify the Board save money, we are going to have to eral Accounting Office is an example. ensures compliance with statutory and eliminate programs, we are going to The subcommittee this year decided procedural requirements for each OTA have to eliminate entities and agencies that the General Accounting Office project. This is a unique governance for around here. That is the only way we should get less money next year than oversight purposes. Other agencies— can do it. We cannot keep everything this year and it that it ought to be like GAO—do not have this special bi- and take a little bit here and a little streamlined and have staff reductions. partisan group overseeing their oper- bit there. We have to start making But that respected organization is ation. major decisions. This is a major deci- being maintained because the sub- I want to assure all my colleagues sion. This involves almost $22 million a committee felt that a postaudit agent, that OTA resources are carefully man- year. that is responsible to the Congress, aged in this bipartisan way, and I can Mr. GRASSLEY addressed the Chair. should continue to exist. certify that the OTA board carefully The PRESIDING OFFICER. The Sen- It is not any different for science and screens for—and most importantly, ator from Iowa. technology. We ought to have an inde- does not allow duplicate work. Projects Mr. GRASSLEY. Mr. President, I pendent source of information, unbi- are not self-generated; they are initi- speak in support of the amendment of ased, not tied to any special interest. ated at the request of congressional the Senator from South Carolina, Sen- The information that OTA provides committees. The committees that have

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10378 CONGRESSIONAL RECORD — SENATE July 20, 1995 requested the most studies are the Sen- That is also an issue regarding the en- Assessment, including one called, ate Commerce, Science and Transpor- ergy independence of our country, for ‘‘Proliferation of Weapons of Mass De- tation; Senate Energy and Natural Re- national security purposes. OTA is struction: Assessing the Risks.’’ sources Committee; Senate Environ- doing very good work on renewable bio- Here is what Keay Davidson, a re- ment and Public Works Committee; energy fuels for transportation which viewer in the San Francisco Chronicle Senate Governmental Affairs Com- can help us address our economic had to say about the report on April 7, mittee; Senate Agricultural, Nutrition, issues in rural America. 1995: and Forestry Committee; Senate In addition, OTA helps the Congress For years, OTA has generated some of the Armed Services Committee; Senate Fi- make decisions that save the U.S. Gov- most readable and useful reports imaginable nance Committee; Senate Veterans’ Af- ernment money. about US research and its impact on social, I have some examples of where OTA political, military and economic policy. I al- fairs Committee; and the Senate Com- ways look forward to its reports, which are mittee on Indian affairs. actually helped us save money. OTA’s extraordinarily clear, thoughtful and well-il- A few of my colleagues have said that study of the Social Security Adminis- lustrated—extraordinary considering that the GAO can do the work that OTA tration plan to purchase computers they come from a government agency. currently does. I disagree. I do not saved $368 million. OTA’s cautions—a When’s the last time you actually enjoyed show any disrespect for the General while back now, I might say—about the reading a government document? Not long Accounting Office in regard to that. In Synthetic Fuel Corporation helped to ago I was on a plane flight, completely ab- fact, I have been a requester of help secure $60 billion of savings. sorbed by an OTA report on US efforts to Let me explain that to you. Many control nuclear weapons and other ‘‘tech- from the General Accounting Office nologies of mass destruction.’’ and they do a good job. But the Gen- thought that it would take $80 billion The distinguished journal, Foreign eral Accounting Office is not equipped to do the work of the Synthetic Fuel Affairs reviewed another report in a re- to do the highly technical and sci- Corporation. OTA testified that $80 bil- cent series of OTA studies on non- entific work that is done by OTA. lion was an overestimate. In the final proliferation and came to the following Let me explain the backgrounds of analysis, Congress put up only $20 bil- conclusion: ‘‘The Office of Technology the staff of the particular agencies. lion for the Synthetic Fuel Corpora- Assessment does some of the best writ- The General Accounting Office’s staff, tion. This saved the taxpayers $60 bil- ing on security-related technical issues process, and traditions are primarily lion. in the United States, as evidenced by those of an audit and program evalua- OTA’s studies of preventive services this excellent volume.’’ for Medicare have assisted legislative tion unit. Only four percent of the GAO Of course, this is not the first time decisions for the past 15 years. Studies staff have Ph.D’s, and few of these doc- that OTA has been recognized for ex- torates are in science and engineering. of pneumonia vaccines and pap smears cellence. The June 1989 issue of Wash- In contrast, 58 percent of OTA’s staff that showed Medicare would save ington Monthly featured a story on has Ph.D’s in these areas, and half of money by paying for these medical OTA, holding it up as a model for the those hold degrees in hard sciences. services for the elderly, and Medicare rest of the government—over a picture The GAO has relied on prior or concur- patients would save money. Both proof the Lincoln Memorial, the Wash- rent work of the OTA for scientific and posals passed as legislation. ington Monument, and the Capitol, the technical aspects of the study. OTA’s work on nuclear power plants cover of this journal declared, ‘‘At It seems to me that speaks more to has played a central role in elimi- Last! A Government Agency That the point raised about what GAO can nating poorly conceived and burden- Works.’’ Indeed, in the last 4 years, 24 do and not do in this area than any- some regulations on the U.S. power in- OTA reports have been selected in na- thing I can say. GAO relies on OTA for dustry. tional competitions as among the best highly scientific and technological in- I urge you to look very closely at the government publications nationwide, formation. amount of money that is being spent even worldwide. As we continue moving into a highly on OTA. I urge you to look very closely None of this acclaim surprises me. technical world, we must ensure that at whether the number of people em- OTA has had a long and distinguished we know how public policy impacts fu- ployed is the right number. I urge you track record of publishing informative ture trends and the reverse of that. to look at the administrative setup. I studies on nonproliferation issues. In OTA provides a very high level of ex- even urge you to consider abolishing 1977, OTA issued a 270-page book on Nu- pertise to help us understand these the board of the Office of Technology clear Proliferation and Safeguards that trends, while balancing the views of op- Assessment, if you want. But I also is still valuable reading. In a hearing ponents and proponents of various urge you to look at the product of the on April 4, 1977, of the Subcommittee courses of action. OTA, and you will come to the same on Energy, Nuclear Proliferation, and OTA translates modern technical ma- conclusions in 1995 that Congress came Federal Services of the Committee on terial for legislative and oversight pur- to when it was set up: that we need Governmental Affairs, I called this poses and gives us a heads up on impor- independent sources of information, study a ‘‘landmark document’’ that tant but complicated science and tech- particularly in science and technology, ‘‘will make a substantial contribution nology issues in areas like space, de- which we did not have and we will not to everyone’s understanding of this fense, and energy. have after this day if this is abolished. highly complex and emotionally OTA’s studies on energy crops, for I firmly believe, Mr. President, that charged issue.’’ example, are particularly important OTA offers a unique and essential serv- Highly complex indeed—I can say for farm States such as mine. Their ice for Congress, and I am very im- without doubt that halting the global study on the ‘‘Potential Environmental pressed with OTA’s credible analyses of spread of weapons of mass destruction Impact of Bioenergy Crops’’ showed the developments in technology and re- is one of the most vexing problems that that energy crops, such as switch grass, lated public policy issues. I urge my either the Executive or Congress has could have net environmental benefits, colleagues to support this amendment had to confront in modern times. The rebutting the concerns of certain envi- that preserves the functions of the Of- political and diplomatic problems of ronmentalists. fice of Technology Assessment. addressing this threat are bad enough. This study and other studies they Mr. GLENN. Mr. President, ‘‘What’s But the technological aspects of this have done are going to be very helpful Good from Government.’’ Now there is problem are so complex that many pub- as we debate the farm bill and as we a topic you do not see often these days. lic officials and citizens around the look for new crops to maintain the via- Yet on May 15, 1994, this was the title country have just given up—they need bility of the farm community. As the of an article that appeared in Library help to sort out the issues, weigh the domestic supplies of oil and gas dimin- Journal discussing the sixty-three fin- stakes, and outline courses of action. ish and dependence upon foreign est government publications in 1993. The OTA has responded to this need sources continues to increase, we will Out of the 20 selected federal govern- in a manner which brings credit not be looking for new ways, even beyond ment publications that were honored, just to the agency, but to our system of ethanol, for instance, to use farm prod- three of these reports were issued by government: I am proud that the U.S. ucts to fuel our machines and vehicles. the congressional Office of Technology Congress recognized the need for such

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10379 an agency 23 years ago. My purpose cover controls over chemicals that are Mr. PELL. Mr. President. I am in today, however, is to praise OTA for either produced or used throughout the support of the effort to preserve the the specific work over the last few nation, this study should be of great Congressional Office of Technology As- years on the subject of weapons pro- interest indeed. sessment. The OTA, on whose board I liferation. I urge all of my colleagues If the publication of six major studies currently sit, has been of profound and in the Senate and the House, even in less than two years is not enough to indispensable use to the Congress in those who have called OTA ‘‘a luxury illustrate the productivity of this agen- the carrying out of its function of an we cannot afford,’’ to sample some of cy, critics might consider that OTA is independent source of complex, unbi- the following reports on weapons pro- well underway on yet another report in ased analysis of the technology issues liferation issues. this series, this time on assessing US facing our country today. I firmly be- First, ‘‘Nuclear Safeguards and the responses to proliferation after it has lieve that it would be short-sighted and International Atomic Energy Agency’’ occurred. unwise for us to eliminate entirely this OTA–ISS–615, June 1995, 147 pages (re- Congress established OTA in 1972 agency, even as we strive to effectuate leased this month; also available in a after determining that, although the budget savings with the Legislative 22-page summary). applications of technology are ‘‘in- Branch. This report reviews the origins of the creasingly extensive, pervasive, and The OTA was created in 1972 as a re- IAEA, describes its safeguards system critical in their impact,’’ no Executive sult of a far-sighted, bipartisan effort in terms that non-specialists can easily or Legislative branch agencies were ca- led by the Senate Committee on For- understand, discusses numerous op- pable of providing Congress with ‘‘ade- eign Relations then ranking Member, tions for strengthening the IAEA safe- quate and timely information, inde- Senator Clifford Chase of New Jersey. guards system, and outlines other pos- pendently developed, relating to [their] It evolved from the need to have objec- sible initiatives to strengthen the glob- potential impact.’’ In its 23 years, OTA tive, expert analysis to assist the Con- al nuclear nonproliferation regime. has filled that need—and in an age gress in assessing the potential effects Second, ‘‘Proliferation and the when cost/benefit analyses will figure of a nuclear war on the United States. Former Soviet Union’’; OTA–ISS–605, so prominently in evaluating Federal Again in the late 1970’s, the OTA con- September 1994, 92 pages. actions, I can think of no more greater ducted a more comprehensive and de- This report is essential reading for need in Congress than for the types of tailed study on the same issue. These all who are concerned about twin prob- skills and services that OTA offers two studies were among the first com- lems of ‘‘loose nukes’’ and the ‘‘brain today. prehensive unclassified efforts to pro- drain’’ following the breakup of the So- This is why the presidents of the Na- vide realistic assessments of just what viet Union. The report documents spe- tional Academy of Sciences, the Na- nuclear war might mean for the citi- cific problems with respect to weak- tional Academy of Engineering, and zens of this and other country’s. They nesses in national systems of nuclear the Institute of Medicine have warned proved to be extremely valuable in accounting, controls over exports, and that closing OTA will diminish the helping inform the Congress as we de- the ability to police borders. quality of advice to Congress. Rep- veloped national policy in this area. Third, ‘‘Export Controls and Non- resenting the interests of over 240,000 Since those studies, the OTA has proliferation Policy’’; OTA–ISS–596, electrical engineers nationwide, the In- proved itself time and again in hun- May 1994, 82 pages. stitute of Electrical and Electronics dreds of studies across the board spec- Here the OTA addresses the contribu- Engineers calls OTA a ‘‘highly re- trum of technology assessment. tions and limitations of export controls garded and respected institution’’ that Throughout its tenure, it has become as a tool of nonproliferation policy. serves as an ‘‘irreplaceable asset’’ to recognized around the world of its co- The study offers insights and technical Congress. The world’s largest scientific gent, professional, and unbiased work. details about the export licensing proc- organization, the American Associa- It would be foolhardy to shelve that ex- ess, in particular measures to make tion for the Advancement of Science, pertise now in a blind effort to simply this process more efficient and effec- says that abolishing OTA would be a slash budgets. tive in achieving nonproliferation ob- ‘‘strategic error for Congress’’ that I am thankful that under the amend- jectives. would seriously harm the national in- ment, another revered and invaluable Fourth, ‘‘Technologies Underlying terest. congressional institution, the Library Weapons of Mass Destruction’’; OTA– OTA does not only prepare formal of Congress, will not be subject to BP–ISC–115, December 1993, 263 pages. high-quality reports—Congress has re- budget cuts in order to spare the OTA. This report is a basic primer about peatedly drawn upon the agency’s in- Both of these organization have an ex- the fabrication and effects of weapons house expertise to provide short-notice emplary record of in their service to of mass destruction. It is essential testimony, briefings, and replies to the Congress and I am glad that a reading for anybody both for those who congressional questions on many high mean has been found to adequately pre- have official responsibilities to tackle technology subjects on the policy agen- serve the functions of both. this problem, and those who are simply da. Following the nerve gas attacks in I am hopeful that my colleagues will curious about what all the fuss is about Tokyo and the bombing of the federal join me in this effort to preserve a concerning these deadly weapons. building in Oklahoma City, for exam- scaled-back OTA and in doing so, in- Fifth, ‘‘Proliferation of Weapons of ple, OTA staff were able to respond sure that the Congress will continue to Mass Destruction: Assessing the both promptly and comprehensively to be able to make informed, reasoned de- Risks’’; OTA–ISC–559, August 1993, 123 repeated congressional questions. cisions regarding the complex tech- pages. To whom will Congress turn if the nology issues that it will inevitably I have already discussed this award- next explosion in an American city in- face in the future. winning above. If a reader has no back- volves a weapon of mass destruction? Mr. BENNETT addressed the Chair. ground on proliferation issues and Though the Executive can occasionally The PRESIDING OFFICER. The Sen- wants to read just one report for the be helpful in providing information, ator from Utah. clearest possible introduction to the there is no substitute for Congress hav- Mr. BENNETT. Mr. President, we are subject, this is the report to read. ing an independent, bipartisan source in an interesting time. I say that re- Sixth, ‘‘The Chemical Weapons Con- of expertise on exactly such tech- minded me of the old Chinese curse, vention: Effects on the U.S. Chemical nically-complex issues. I can assure my ‘‘May you live in interesting times.’’ I Industry’’; OTA–BP–ISC–106, August colleagues, I know where I would like have been through this kind of time in 1993, 69 pages. to turn in the years ahead, to the Of- my private life, and I would like to The Senate will take up ratification fice of Technology Assessment. share with you some observations of the Chemical Weapons Convention I ask my colleagues to join me in sa- there, as I then addressed the question later this year. An important topic in luting OTA for having performed its of what to do about the Office of Tech- this process will be the costs to US in- mission with dignity and professional nology Assessment. dustry from complying with this Con- excellence. This is not an agency Con- I remember visiting with a CEO of a vention. Given that the treaty will gress can do without. fairly large corporation, and he told me

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10380 CONGRESSIONAL RECORD — SENATE July 20, 1995 of a very difficult experience that he Feingold Kempthorne Pell Mr. DOLE. Mr. President, I ask unan- had just been through in his company. Feinstein Kennedy Pressler imous consent that the order for the Ford Kerrey Pryor He said, ‘‘I have just gone through the Frist Kerry Reid quorum call be rescinded. whole company, looked at everything, Glenn Kohl Robb The PRESIDING OFFICER. Without and ended up cutting back here, cut- Gorton Kyl Rockefeller objection, it is so ordered. Graham Lautenberg ting back there, leaving a lot of blood Roth Mr. DOLE. Mr. President, let me just Gramm Leahy Santorum Grams Levin indicate what I am doing here. on the floor, if you will, as I have had Shelby Grassley Lieberman I am trying to determine whether or to clean up the company. And then I Simpson Gregg Lott said to all of the employees who sur- Smith not we will go to S. 343, which is regu- Harkin Lugar latory reform, which I had a right to do vived this exercise, this is it, this is as Hatch Mack Snowe deep as we are going to cut, and you Hatfield McCain Specter under the order. That is why I do not Stevens can all relax now because you have Heflin McConnell want to get bogged down with some Helms Moynihan Thomas other amendment because I need to passed the test, and we have seen to it Hutchison Murkowski Thompson that everything that is excess, every- Inhofe Murray Thurmond give an hour or so, or some advance nothing that is wasteful has been taken Jeffords Nickles Warner tice to the minority leader, Senator Johnston Nunn Wellstone DASCHLE. Then there would be 1 hour of care of.’’ Kassebaum Packwood Then, he said to me, ‘‘I quietly in my debate and then there would be a vote own office went to my calendar, flipped NAYS—8 on cloture on S. 343. the pages forward about 3 years, and Breaux Hollings Sarbanes Following that, we would, if cloture Bumpers Mikulski Simon is not invoked, either move on to some- wrote down, ‘Do it again,’ because I re- Dodd Moseley-Braun alized no matter how zealous we were thing else, or I assume somehow we get in trying to keep from getting duplica- NOT VOTING—1 back to this bill, which I thought tion and creating redundant services Inouye would take 2 hours. We started at 10 and getting too fat, no matter how So the amendment (No. 1807) was o’clock. I want to accommodate the Senator hard we worked at it, in about 3 years agreed to. if I can. Does he want to speak for 10 time in our company we would sud- Mr. DOLE. Mr. President, I move to minutes or 15 minutes? denly wake up and discover we had too reconsider the vote by which the Mr. KENNEDY. Less than that. I many people doing the same thing, and amendment was agreed to. know the Senator from Utah was ad- I would have this same kind of cir- Mr. GORTON. I move to lay that mo- dressing this issue as well. I am more cumstance again.’’ tion on the table. than glad to either proceed or wait We do not do that in the Federal The motion to lay on the table was until after the Senator from Utah, and Government. That is, we do not go 3 agreed to. then at a time that the leader wants to years ahead and write down, ‘‘Do it Mr. DOLE. Mr. President, I suggest gain control of the floor to make a re- again.’’ Instead, once something gets the absence of a quorum. quest, I would withhold. started, it continues, regardless of The PRESIDING OFFICER. The clerk will call the roll. Mr. DOLE. If I could request that I be whether or not it has outlived its use- recognized at 5 p.m. fulness. The legislative clerk proceeded to call the roll. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. We have objection? Without objection, it is so a previous order to vote at 4 o’clock. Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the order for ordered. Mr. MACK. Mr. President, I suggest Mr. KENNEDY. Mr. President, I the absence of a quorum. the quorum call be rescinded. The PRESIDING OFFICER. Without wanted to speak briefly—— The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- objection, it is so ordered. objection, it is so ordered. ator from Massachusetts. The clerk will call the roll. AMENDMENT NO. 1808 Mr. KENNEDY. But I understood The assistant legislative clerk pro- Mr. MOYNIHAN. Mr. President, I rise from the Senator from Florida that the ceeded to call. simply for the purpose of expressing Senator from Utah was in the middle of Mr. MACK. Mr. President, I ask the appreciation of this Senator—and I a statement. I will be glad to wait until unanimous consent that the order for think I can speak for the Joint Com- after he concludes. the quorum call be rescinded. mittee on the Library—that the pro- Mr. President, I will yield the floor, The PRESIDING OFFICER. Without posal pending by the distinguished sen- but before doing so, I ask unanimous objection, it is so ordered. ior Senator from South Carolina will consent that when the Senator from not affect the Library of Congress. It VOTE ON AMENDMENT NO. 1807 Utah concludes, I might be recognized. has taken very severe budget cuts and The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there budget freezes over the years. Its world CRAIG). Under a previous order, the objection? Without objection, it is so function, its national role, and its in- question is on agreeing to the amend- ordered. dispensable service to the U.S. Con- ment numbered 1807, offered by the ma- Mr. BENNETT addressed the Chair. gress would be in jeopardy were more The PRESIDING OFFICER (Mr. jority leader, to the amendment num- to take place. THOMAS). The Senator from Utah. bered 1803. The yeas and nays have Our distinguished Librarian, Dr. Mr. BENNETT. Mr. President, I been ordered. James Billington, has made this clear thank the Senator for his courtesy. The clerk will call the roll. in forceful, in cogent, and in concise It is true I was in the middle of a The assistant legislative clerk called terms. His argument has clearly pre- statement when the regular order in- the roll. vailed. tervened and we had the vote. I do not Mr. FORD. I announce that the Sen- I want to express my appreciation to have much more to say, but I was in ator from Hawaii [Mr. INOUYE] is nec- the Senator for this purpose, and to the middle of making the point that essarily absent. state just incidentally my agreement— every organization inevitably ends up The result was announced—yeas 91, I am sure most of us will also agree growing more than it really needs to. nays 8, as follows: that the Office of Technology Assess- There is an inertia—it is almost or- [Rollcall Vote No. 314 Leg.] ment has an important role. It has ganic—in organizations that says we YEAS—91 been here a quarter century. It was es- start this, which is a good thing, and it Abraham Brown Coverdell tablished for a role and it ought to con- grows a little, and then we start an- Akaka Bryan Craig tinue. I simply want to make those other, which is a good thing, and it Ashcroft Burns D’Amato Baucus Byrd Daschle comments. grows a little. And just like a plant, or- Bennett Campbell DeWine I suggest the absence of a quorum. ganizations need to be pruned back Biden Chafee Dole The PRESIDING OFFICER. The every once in a while. I have done it in Bingaman Coats Domenici clerk will call the roll. my business. I know there are others Bond Cochran Dorgan Boxer Cohen Exon The legislative clerk proceeded to here who have business experiences Bradley Conrad Faircloth call the roll. who have had to do this.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10381 As we address this OTA cir- So painful as it is, Mr. President, dif- you have to face the fact that we in the cumstance, it is my feeling that this is ficult as it is to explain to the individ- Congress are going to be faced with what we have here. OTA in my belief uals who are doing a good job, I have these technology issues into the future has been a good agency. It has done come to the conclusion that as a total of this country—increasing technology, good work. I hear the Senators talk Government we have the capacity else- cutting edge technology, technology about its work, and I agree. If you look where to do what we have been doing in that is going to be at the heart of the at just the OTA, you would come to the the OTA. It has become redundant be- American economy after the turn of conclusion that it deserves to remain. cause of what we have funded in the Li- the century and in many respects is At the same time, Mr. President, brary of Congress and in the General there even now. that OTA was doing its work, the Li- Accounting Office, and I support the I can see in my own State with bio- brary of Congress was building a capac- subcommittee’s report that says this is technology, telecommunications, fiber ity to deal with technology issues. At the place we shall prune. optics, the wide range of new kinds of the same time, the GAO was looking I thank the Chair. into many issues that were the same technology. And the question is, how Mr. KENNEDY addressed the Chair. does that impact the lives of the Amer- kinds of issues as OTA. And as we The PRESIDING OFFICER. The Sen- ican people? And how will it affect looked at this within the committee, I ator from Massachusetts. that? came to the conclusion that we have Mr. KENNEDY. Mr. President, I simply proliferated capacity in this know that there are other Members We do have a resource that is special, area throughout the Government, that who want to speak, so I shall not take that has been recognized, not just by it is time to prune the bush. much time. Members of Congress, but by the most Now, I am sorry personally for those Mr. President, I wish to just review prestigious, important and significant who are connected with OTA that they for the Senate where we are on this institutes that are dealing with these are the ones who have felt the pruning issue of OTA. The issue no longer is the issues, that have made their judgment. shears and that the function will be size of the budget. That issue has been And so whether it has been in those in- transferred, if we continue with the ac- basically agreed to. So this is not stitutes or whether it is the CEO’s of tions recommended by the sub- something that is in addition. This is the top companies in this country that committee, to other agencies. This is not something that we are adding. The are devoting the greatest amount of always a wrench for the individuals in- total amounts in terms of the budget their own resources in terms of tech- volved, and they say, with some degree have effectively been agreed to and nology that respect this expertise, of fairness, ‘‘Why me? I have done a that really is not before the Senate. whether it is the former science advis- good job. I have done what the Con- The issue that is before the Senate is ers under Republicans and Democrats gress has asked me to do. I have pro- whether we are going to retain the ca- alike, they have all come virtually to duced a report that is of sound value. pability of OTA to deal with techno- this conclusion: It is important to Why are you cutting back on me?’’ logical issues which can be helpful to maintain OTA as an institute. Where it Those of us who are in this position the Congress and to the American peo- is going to sit and within the various must look at the entire Government, ple generally. That is only the issue. framework of existing agencies is a not just one agency at a time. When we So we have to evaluate now whether matter of administration. And I think do that, we have to say to those who that can be done with the existing that could be worked out by reasonable are feeling the effect of the pruning agencies, the Congressional Research individuals in the course of the con- shears, if it were not you, it would have Service, or other agencies, or whether ference with the House of Representa- to be someone else because there is re- it is best to try to hold together the ca- tives. dundancy here. pability that has been developed in We have the responsibility in the But what we should not lose is that OTA, to be able to give advice, counsel, overall budget circumstance to do as capability, that capacity, that kind of and judgment to the Congress on mat- the CEO I was referring to in my begin- integrity which has been of value to ters of technology that we are going to ning remarks, go through and clean this Congress on issues involving DNA, face in terms of the future. out the duplication and sharpen up the on new technologies in education, on That is basically the issue. Now, I organization. the issues of polygraph. Their rec- I realize this is not an exact analogy, say to my good friend from Utah, the ommendations that they made to the but nonetheless it illustrates the point. fact is we have had the expression of Congress were later taken and put into I read a column recently where the col- the American Academy of Sciences, law by Senator HATCH and myself. On umnist was talking about a television the Institutes of Medicine, American instance after instance so many areas station that went off the air because of Academy of Energy, and science advis- of important technology, OTA has been financial difficulties. They did not ers to Republican and Democrat Presi- there. I have agreed with some of their want to lose their license, so they said dents alike. All are in agreement that conclusions, differed with others. I we in fact will keep broadcasting a sig- this function ought to be maintained. think every Member of the Congress re- nal while we work out our financial dif- They had an opportunity to say no, let alizes it really represents an extraor- ficulties. They put on the air the pic- us separate out OTA and let it go to dinary degree of knowledge and aware- ture of fish, tropical fish, and broad- CRS or let it go to other agencies; we ness and background and experience cast that 24 hours a day to keep their do not believe that it will really make and really the best in terms of bringing place. When they solved their problems much difference in the ability of Con- evaluations of technology. It is an financially, and they could go back to gress to get this information. asset that we cannot afford to lose. regular programming, they took the They were asked that very question, And I hope very much that the amend- fish off the air and put on the regular and the most important, prestigious in- ment will be accepted. programming. And what happened, Mr. stitutes that deal with the most complex issues of technology and new tech- I strongly support the amendment to President? They were deluged with maintain the Office of Technology As- phone calls complaining about the fact nology and advanced technology have recognized and respected OTA for being sessment as a valuable and needed arm that they had canceled the fish. of Congress. It seems that once something gets the center of excellence for technology, started, it develops a constituency re- to advise us in the Congress and Sen- OTA was created 23 years ago by the gardless of whether or not there are ate. Technology Assessment Act of 1972. In other options. So if the issue of the budget is out of the years since then, OTA has become Now, I am not, as I say, suggesting in the way, we have to ask ourselves what a world-renowned source of informa- any way that the OTA is simply broad- is in the best interests really of the tion and analysis on current tech- casting of the fish, but they have devel- Congress generally, the House and the nology issues. It plays an invaluable oped a constituency that is appro- Senate, and even the executive and the role in helping Congress assess and priately calling for their preservation public because these studies are made apply scientific and technological ad- in an atmosphere when there are other available to the public, and what is vances for the benefit of the American facilities capable of doing this. really the best way to do it, because people.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10382 CONGRESSIONAL RECORD — SENATE July 20, 1995 OTA’s budget is currently $22 mil- mark studies on medical negligence gress’ evaluation of the Clean Air Act. lion. Clearly, OTA is prepared to tight- and defensive medicine seemed to be in When the Exxon Valdez disaster oc- en its belt substantially along with the the hands of every Member. Senators curred off the coast of Alaska in 1989, rest of the Federal Government. In KYL, MCCONNELL, and others made OTA’s suggestions on maritime pre- fact, under the able leadership of Dr. much of OTA’s conclusion that ‘‘the cautions were incorporated in the Oil Roger Herdman, OTA has already one reform consistently shown to re- Pollution Act of 1990. taken major cost-cutting measures on duce malpractice cost indicators is These are just a few examples of its own initiative. caps on damages.’’ I was on the other timely and incisive OTA reports that But regrettably, the bill before us side of that debate, but I had no cause have improved the quality of legisla- proposes to eliminate this needed and to challenge OTA’s credibility or im- tion. unique agency. partiality. Some contend that OTA’s work can Each year, OTA prepares dozens of OTA’s study in the 1980’s on poly- be handled by other congressional sup- formal assessments, background papers graph testing is also a landmark docu- port agencies. I have the utmost re- and case studies on subjects ranging ment. It is recognized as the definitive spect for the Congressional Research from adolescent health to nuclear dis- review of scientific research on this Service and the General Accounting Of- armament. OTA’s well-researched and topic. The report was used and cited fice, but neither agency is equipped to carefully reasoned reports are must- extensively by the Senate Committee take on the exceptionally challenging reading in the committees of Congress on Labor and Human Resources, then and specialized tasks of OTA. Although that address scientific issues, and in chaired by Senator HATCH, during the CRS and GAO existed 23 years ago, we the executive branch and private indus- legislative process that led to enact- recognized the need at that time for a try as well. ment of the Employee Polygraph Pro- smaller but expert agency with the spe- OTA enjoys the full support of the tection Act. That bill was signed into cific mission of advising Congress on scientific community. The American law by President Reagan in 1988. science and technology. That need is Association for the Advancement of OTA has been in the forefront of ef- even greater today. It would be a tragic Science has called it: forts to evaluate the cost effectiveness mistake to drain the reservoir of exper- Unique and highly respected . . . [a] model of medical technologies. It produced tise that OTA has developed over the for legislative bodies around the world . . . the first report documenting the health past 23 years, and try to reinvent it in Its demise would have serious negative im- and economic benefits of vaccinating some other congressional support agen- pacts on Congress’ ability to do its job well, the elderly against influenza. Based di- cy. and on the national interest. rectly on these findings, Congress in- Let’s be clear. This is not a budg- The prospect that OTA might be cluded coverage for these vaccinations etary issue. The amendment proposes abolished has also brought expressions in Medicare, a step that has prevented no new expenditure of funds, only that of alarm from the National Academy of thousands of deaths and saved millions a very small portion of the money al- Sciences, the Institute of Medicine, of dollars that Medicare would other- ready allotted for the support agencies and the National Academy of Engineer- wise have spent on hospital costs. under this bill be used to preserve OTA. ing. It would be difficult to find any se- On the other hand, OTA documented The sole question now is structural— rious scientific organization that is not in 1989 that cholesterol screening of the whether we should keep OTA’s exper- deeply concerned about the impact of elderly would not be cost effective. tise intact and centralized, or whether this proposal on the quality of tech- That report was a major factor in the we should disperse OTA’s responsibil- nology-related legislation. decision not to cover this screening ities among the other support agencies The chief executive officers of Mon- under Medicare, saving the program and suffer the consequences. santo, Eastman Kodak, and many substantial amounts. One way or another, the work of other Fortune 500 companies have ex- In the late 1970’s research on recom- technology assessment must go for- pressed support for the agency. Science binant DNA was considered potentially ward. It is simply a matter of common advisers to Republican and Democratic dangerous and had aroused widespread sense to keep intact the one agency Presidents alike have endorsed OTA’s public concern. More than a dozen bills that already knows how to do this job preservation. These are not the reviews had been introduced in Congress to and meet the needs of Congress in this one would expect for an irrelevant or halt genetic research. But OTA’s 1981 highly specialized field. Breaking up superfluous or unneeded organization. analysis, ‘‘Impacts of Applied Genet- OTA in the name of streamlining Con- The experts outside the beltway know ics,’’ helped to convince key Members gress makes no sense. that modest funding for OTA is a wise of Congress of the economic potential It should also be emphasized that investment for Congress and an excel- of this emerging science. Today, bio- this amendment involves no cut in lent bargain for the Nation. technology has expanded the bound- funds for the Library of Congress. The OTA’s large impact on the legislative aries of medicine, agriculture and com- concerns of Library supporters have process is out of proportion to its rel- merce. The United States leads the been completely addressed—the Li- atively small size. Let me offer just a world in this field, and OTA deserves a brary will not be cut. few examples: share of the credit. In the years ahead, as we move into In the wake of the Oklahoma City In its report, ‘‘Building Future Secu- the 21st century, there will be even bombing, Congress debated a bill pro- rity: Strategies for Restructuring the greater need to rely on OTA for impar- moting technologies to help prevent U.S. Defense Industry,’’ OTA conducted tial assessment of technology-related terrorism and enhancing the ability of a comprehensive analysis of defense policies. The world of science and its law enforcement agencies to apprehend technology and the Nation’s industrial impact on public policy are becoming those who commit such crimes. OTA base. It proposed a major restructuring more complex, not less. Technology is had already laid the groundwork for of the military industrial complex, in central to every aspect of American this discussion. In July 1991 and in Jan- order to maintain defense capabilities life, from biotechnology to law enforce- uary 1992, OTA issued a pair of reports during the transition to the post-cold- ment, from agriculture to education. It that evaluate technology for bomb de- war economy, while meeting pressing would be a serious mistake to limit our tection and target hardening, airline domestic needs. The report has greatly ability as a legislature to evaluate and passenger profiling, and other assisted deliberations on this subject in respond to the scientific and techno- antiterrorism strategies. Not only were both the legislative and executive logical challenges facing Congress, the these reports helpful to those drafting branches. Administration, and the Nation. counterterrorism legislation, but with- There are many other fields in which The Office of Technology Assessment in days of the Oklahoma City bombing, OTA’s influence has been substan- has performed the task we assigned to OTA staff conducted indepth briefings tiated. Its work on computer tech- it superbly. It continues to serve an in- on the subjects for Members of Con- nology in the classroom has helped to dispensable role. It should bear its fair gress and their staffs. shape important legislation on edu- share of the current budget crisis—but During the floor debate on medical cation. Over a period of many years, it should not be abolished. malpractice 2 months ago, OTA’s land- OTA has been deeply involved in Con- I urge adoption of the amendment.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10383 Mr. HATCH addressed the Chair. I respectfully disagree. structural changes required by the pro- The PRESIDING OFFICER. The Sen- Fifty-eight percent of OTA’s staff vision will maintain the integrity of ator from Utah, hold Ph.D., half of which are in the both support agencies. Mr. HATCH. Mr. President, I have hard sciences. No other agency can In contrast, the Hollings amendment been listening to my colleague from make this claim. Nor can any other not only maintains OTA’s independ- Massachusetts. As everybody in this agency make the claim that it has the ence, but it does not require any addi- body knows, we do not always agree. In ability to call upon a network of in ex- tional budget outlays be taken from fact, there are some that think we dis- cess of 5,000 technical experts from all the Library of Congress, as stipulated agree quite often. over the country who provide the best in the chairman’s mark. This provision But I have to say he is right on this information available on science- and also eliminates the additional need to issue. I have watched what OTA has technology-related topics. Nor is there make the House-required structural ad- done for the whole time I have been in the level of scrutiny and review placed justments that would create an even the Congress. And I have to tell you, if upon any other support agency from greater burden upon the Library of you are going to shift that burden to the time a request is made to the time Congress. CRS or some other support group, you the product is officially released in Now, we recognize the reality that are going to spend more money than final form. the structural adjustments will be nec- you spend on OTA and you are not The product expected from OTA and essary as overall budget outlays shrink going to have the congressional bene- the type of review that this small, spe- over the next several years. The Hol- fits that come to Congress as a whole cialized agency is mandated to undergo lings amendment stipulates that the that you get from OTA. As a matter of produces what I believe everyone in Library of Congress undergo an evalua- fact, we have all kinds of Ph.D.’s at this body would agree is desirable: tion of how the services of GAO, OTA, OTA. Over half, 58 percent of OTA staff thorough, objective, and accurate anal- GPO, and CRS can be consolidated by hold doctorates. And all of the support ysis. the year 2002. This is a responsible ap- people that are volunteers from outside Relying on other, existing agencies proach under the circumstances. That are the greatest scientists in the to fulfill this mission asks these orga- will allow us time to ensure that the world—at least from this country—who nizations, whose specialty is a highly services provided by OTA can be most also support OTA. And that is a benefit specific quick turnaround study, to ex- effectively maintained over the long you cannot quantify because if we had pand capability to do more comprehen- term while recognizing that inevitable to pay for all that what it is really sive assessments in areas for which structural and budgetary changes will worth, we could not afford to pay for it. they may not even have in-house ex- continue to be necessary for the years So there is a lot to this. I do not pertise. to come. think we should make the mistake of Let me state this another way: The All I can say is that, as a conserv- cutting OTA yet. I am the first to primary mission of OTA is not to do ative who believes that we have to cut admit that we have to make cutbacks studies for immediate use by the Con- back, who believes we need to reach here. I think OTA has to suffer its fair gress. OTA’s charter is to be more for- that balanced budget by the year 2002, share. So I am not arguing for 100 per- ward-looking, more comprehensive, having served with OTA and under- cent of OTA’s budget. I wish we could and more technical. because I think it is working over the standing the interworkings of OTA and With fewer than 5 percent of Con- long run, because this is the one arm of having watched what they have done gress’ membership having technical Congress that does give us, to the best for all the 19 years I have been in the training, we cannot afford not to have of their ability, unbiased, scientific Congress, I have to say it would be a this capability. Needless to say, I and technical expertise that we could tragedy for us to cut it out completely. would not be making this argument if not otherwise get where most every- And I do not think you could find any the proposal were for a legal research body has confidence in what they do. other area of Government that will Mr. President, I support the amend- office. provide the services that we need that This brings me to the budget implica- ment offered by Senator HOLLINGS to OTA provides. And Heaven knows, in restore some funding for the Office of tions of this amendment. And, let me this very complex world, this complex Technology Assessment [OTA] during state strongly for the record that I ab- present time, we in Congress have got the next fiscal year. solutely agree that reductions have to to have that kind of equity at our beck Mr. President, my support for this be made everywhere. I do not advocate and call. OTA has provided it for us. amendment should not be confused that OTA be restored to 100 percent of And I hope that folks will vote for the with a failure to recognize the very dif- its current level. OTA, like all other Hollings amendment. ficult task the Legislative Branch Sub- federally funded agencies and programs Therefore, Mr. President, I commend committee is faced with this year in has to absorb its share of the necessary Senator HOLLINGS for his leadership on making its share of budget reductions. reductions. this amendment, of which I am pleased There is no question that Congress My distinguished colleague from to be a cosponsor. must contribute its share to deficit re- South Carolina, Senator HOLLINGS, has I encourage all of my Senate col- duction, especially in light of the budg- done an excellent job in finding the leagues to support this important et resolution we have just passed. I necessary offsets so as not to disrupt measure. commend the managers of this bill on the overall budgetary outlays already Mr. STEVENS addressed the Chair. what they have been able to bring to contained in this bill and in the budget The PRESIDING OFFICER. The Sen- the floor. resolution. He has gone the extra mile ator from Alaska. However, I am concerned about one to make sure that these offsets are ger- Mr. STEVENS. Mr. President, I of the rationales used to justify the mane, that they are fair, that they are served on the Office of Technology As- elimination of OTA. I do not agree that cognizant of the concerns that have sessment Board from January of 1974 to there is no longer a need for OTA. On been expressed by the affected agencies January 1992. Since it was established, the contrary, I believe that Congress’ whose budgets will further be reduced OTA has completed 721 studies to date. need for technical scientific analysis by this amendment. During the period I was there, 18 years, will increase. But I have to say, for example, under I obtained board approval for four stud- As our economy becomes increas- the House proposal, the Congressional ies that addressed Alaska’s needs. ingly complex and technologically ori- Research Service would be required to For instance, we had one study that ented, Congress will require, more than provide the entire $15 million outlay addressed our rural village sanitation ever, an ability to effectively analyze for the continuance of OTA’s functions, problem in Alaska. We had another technology in making policy decisions. a burden that is understandably quite that addressed the technical feasibility The question is, Mr. President, can an- overwhelming and, quite frankly, un- of transporting some of our very abun- other support agency do the work for fair to the Library of Congress. CRS’s dant fresh water from Alaska to Cali- which OTA has become recognized? burden under the House proposal takes fornia, which had been suggested to al- Some of our colleagues believe the an- on added significance when you know leviate water shortages there. It did swer is a simple yes. time has been taken to ensure that the not prove to be economically feasible.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10384 CONGRESSIONAL RECORD — SENATE July 20, 1995 We had another one concerning the work understand where the credit be- the likes of which the world has never technological considerations of gener- longs. seen. We are going to see develop- ating power in very remote arctic vil- Here is another one, March 1992, ments—and I saw AMO sitting here a lages. And another was the review of ‘‘Global Standards, Building Blocks for while ago, our good friend Mr. HOUGH- oil production challenges in an arctic the Future.’’ I keep that on my desk TON from the House. Talk to him some- environment. and find it interesting. time about fiber optics and how it There were three others that touched ‘‘Finding a Balance: Computer Soft- came about that we have that concept my State in that period of time. One ware, Intellectual Property and the now in the world. addressed the Exxon Valdez disaster; Challenge of Technological Change.’’ We are looking at technology. We are one for oil and gas development in deep They have another one that I keep at the edge of a precipice, Mr. Presi- water, and in arctic waters in par- and I think other Senators might be in- dent. The precipice is one that we can ticular; and another one, addressing terested in it. It is dated June 1993: fall down into a chasm or we can ana- nuclear waste in the former Soviet ‘‘Advanced Network Technology.’’ lyze the way to get across that chasm Union. They were not particularly at They went into another background into a future that is so bright you can my request, but I did support them. paper at our request: ‘‘Accessibility hardly imagine it. I want the Senate to know that in and Integrity of Network Information I was talking to some of my interns my time on this board I became con- Collections.’’ That was later in 1993. today, and they asked me about what vinced that this is a shared staff. And Incidentally, one of OTA’s members we are going to do in my State when I have often referred here on the floor referred me to this. It was a cover the oil runs out, what happens to our of the Senate to the benefits derived story of the fall issue of Up Link. Any- State, supported primarily by oil reve- from this shared staff in the Office of one who wants to catch up with what nues. I remarked to them about Mr. Technology Assessment. Not only do we are talking about should read HOUGHTON’s company. Who would have we share staff, but by virtue of the pro- ‘‘Digitally Speaking,’’ a very inter- thought in the days gone by we would fessional staff we have in the Office of esting article. take grains of sand from a beach and Technology Assessment, they attract All I am telling you is, Mr. President, turn it into the most capable means of onto Washington boards and panels the and Members of the Senate, that this conveyance of communications known leading experts of our Nation, if not entity has led us to become aware of to man. the world, in the development of new and become interested in and to try to When it comes down to it, we have technology. utilize developing technology to meet used technology in this country to stay I think that without this OTA, what the needs of the United States. I know ahead militarily, to stay ahead eco- will happen is—and now I am speaking of no other way we can get that except nomically, to meet the needs of our in my role as the chairman of the through shared staff. people, and yet here we are about ready Rules Committee—that we will face in- The House has access to OTA. The to do away with the one entity in the creasing demands from individual com- Senate has access to it. We have equal Congress that tries to collate and ana- mittees for funds to hire people to do representation on this body, Repub- lyze and deliver to Members of Con- the same thing that the OTA does. The licans and Democrats, and we always gress credible, timely reports on the only difference is we will have, as we have, since its inception, without re- development of technology. did before OTA, several committees ex- gard to which party controlled the I believe, more than most people re- ploring the same subject with people House or the Senate. alize, that we are changing the course who are not the experts of the country Now we face a challenge to the very of history in this Congress, but this is and without the basic experience of the existence of OTA, and I am compelled not one of the hallmarks of that OTA in framing the issues for review to rise and say I think that OTA is a change. This entity ought to be out in by Congress. misguided target. I do believe, as the the forefront of that change, and it will As I came over here today, I picked Senator from Utah said, we can make not be unless it is properly funded and up from the edge of my desk some of reductions in the expenditures by OTA. maintained. I support this amendment. the OTA reports that I have reviewed We have made a 15-percent reduction in Mr. MACK addressed the Chair. over the years. This is ‘‘Critical Con- the staffs of every committee in the The PRESIDING OFFICER. The Sen- nections, Communications for the Fu- Senate. There is no reason why we ator from Florida. ture, A Summary,’’ prepared for the could not make a 15-percent reduction Mr. MACK. Mr. President, I ask Congress in January 1990. It addressed, in OTA, and that was the intent. unanimous consent that the recogni- as my friend from South Carolina men- But now we face a question of oblit- tion of Senator DOLE at 5 p.m. be post- tioned, the frequency spectrum prob- eration of the OTA. I want to tell the poned for 15 minutes. lem. It was this summary that got me Senate that I believe the studies that I The PRESIDING OFFICER. Is there thinking about frequency spectrums. have seen by OTA have been at the re- objection? Without objection, it is so And for three Congresses, I asked Con- quest of a Senate committee or a ordered. gress to change the policy of dealing House committee or by individual Sen- Mrs. MURRAY addressed the Chair. with the spectrum that the FCC has ators, but none of them goes through The PRESIDING OFFICER. The Sen- under its jurisdiction in our airwaves. without approval of the OTA board. ator from Washington. They used to have a policy of having None of them go through without a Mrs. MURRAY. Mr. President, I rise a lottery when a block of frequencies majority of the vote of three Members in support of retaining the Office of from the spectrum was available. It of each party from each House. Technology Assessment. I support the was announced, and people filed an ap- This is a very restrained board in agency and hope that my colleagues plication. It was literally a lottery. terms of committing money of the will consider it favorably. There was a drawing. And for $20 you United States. I have not agreed with OTA is a unique and valuable asset of got a slice of the spectrum that could some of the studies, and the record will the Congress. For many years it was be worth anything from nothing to $1 show I voted against some of them. I also unique to the United States; but billion. voted against some of them because I within the past few years, it has been I felt that this summary would con- did not think they involved the assess- used as a model by many democratic vince anybody that this system of dis- ment of technology. They involved try- nations for establishing their own tech- posing of a very valuable commodity, if ing to pursue the application of technology assessment organizations. maintained in the future, was wrong. It nology. But if we keep to the subject OTA is a small agency with 143 per- led to, as the Senator from South Caro- and restrict the OTA to what it was in- manent employees and an annual budg- lina has stated, action finally in 1993 tended to do, it is one of the most valu- et of $22 million. The agency analyzes by the Congress. Last year we received able entities I have found in the Senate science and technology issues in depth $12 billion for the sale of units of the to get access to material that is cur- for the Congress. It provides Congress spectrum. We have OTA to thank. At rent about technology. with objective, nonpartisan reports and least the people who have paid any at- We are entering an era now of tech- offers options for Members in dealing tention to what is done with OTA’s nology expanding at an explosive rate, with related public policy issues. Its

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10385 studies are initiated by full commit- extensive input from outside the belt- The PRESIDING OFFICER. I believe tees of the Senate and/or House and are way. Every year, over 5,000 experts help until 5:15, which is approximately 10 or approved by the Technology Assess- us better understand the complex 11 minutes. ment Board, TAB, which oversees the issues that we need to understand to Mr. MACK. I ask the Senator from agency. That Board consists of six Sen- legislate effectively. But unlike some South Carolina how much additional ators and six Representatives, equally executive agencies or institutes like time he would need? divided by party. the National Academy of Science, OTA Mr. HOLLINGS. As the distinguished OTA is a first rate scientific organi- does not impanel groups that get to- Senator from Florida knows, I do not zation. Its retention has been sup- gether to deliver wisdom while the need very much time. I am trying to ported by the National Academy of staff merely writes what they say. respond to a request that we have on Sciences, the American Association for In OTA assessments, it is the staff this side to vote around 5:45. Is that the Advancement of Science, the that writes the reports. They listen to agreeable? American Physical Society, Dr. Sally advice, get outside review, and eventu- Mr. MACK. I must say to the Senator Ride, and a host of important compa- ally pass products through the TAB to that I was under the impression that he nies, such as TRW. certify that they are unbiased. Outside and I would be the last to speak on this OTA is unique on the Hill because of experts and stakeholders do not write issue, and I had asked for a delay of the bipartisan Technology Assessment the reports. They provide guidance and recognition of Senator DOLE until 5:15, Board. No other support agency has advice and collective expertise often with the intention of having a vote at such a mechanism to ensure balance well beyond OTA’s. But OTA staff fil- 5:15. I understand that it would be the between the interests of both Houses ters and assimilates this, uses it in intention of the Senator to delay his and of both parties. This structure is conducting analyses, and seeks further vote until 5:45. instrumental in keeping the work ob- review. Mr. HOLLINGS. I have a request on jective and balanced, as well as acting OTA’s work differs from other con- this side by the leader here. as a priority-setting mechanism for the gressional support agencies because its Mr. MACK. Then at this point, I will work that is conducted, ensuring that work is based only in the science and suggest the absence of a quorum. it has broad interest. It enables Con- technology area; the information is not The PRESIDING OFFICER. The gress to leverage OTA’s limited re- readily available for look-up in the im- clerk will call the roll. sources to greatest effect. mediate scientific literature; it is not The bill clerk proceeded to call the OTA works almost entirely on a bian audit of a current issue or a project roll. Mr. MACK. Mr. President, I ask partisan basis, doing major projects re- of costs. The indepth process and re- unanimous consent that the order for quested by both chairmen and ranking view of the issues is unique only to the quorum call be rescinded. minority members. Since 1980, 79 per- OTA, and the scientific and techno- The PRESIDING OFFICER. Without cent of OTA reports have been re- logical expertise of OTA’s staff facili- objection, it is so ordered. quested on a bipartisan basis. tates this approach. With the budget OTA is unique to the Hill in that no Mr. MACK. Mr. President, this de- reductions other congressional support such bipartisan organization could bate has gone on for some time now agencies are making, it is unrealistic exist in the executive branch. For with respect to OTA. I will attempt to to assume they could pick up OTA’s many years, the party holding the ma- make my comments brief. While it was work. jority in Congress did not control the mentioned a moment ago that OTA is White House. That is again the case. I come from a region that under- unique to the Hill, or to the Senate, it Many of us find OTA’s independent, bi- stands that high technology is the area is not unique, though, in what has hap- partisan analysis very helpful under of the future that will provide us the pened to it. these circumstances; we do not have to jobs and information that we need. The Office of Technology Assessment rely on the information and analysis That is what OTA is all about. It does was begun, I believe, in 1972. The idea supplied by the executive agencies. not get information from here. It goes was that it would be a small cadre of Furthermore, over the years, OTA has all the way across the Nation to my individuals, to make some decisions, developed an excellent working rela- State to help establish the policies and would gather information together as tionship with executive agencies— procedures we need in this Senate. It to what scientific and technical data is based in part on their bipartisanship, has been highly reliable, and I think it available and provide that to Members in part on their impartiality, and in would be a grave mistake for this Con- of the Congress. part on their professionalism. No other gress to lose it. We now have an Office of Technology congressional entity elicits this type of I did hear one of my colleagues say Assessment that has 203 people, with cooperation from Federal agencies. that we need to consolidate. Who would an expenditure of over $23 million an- I want to illustrate this with an not agree in this time of budget cuts? nually. Again, those folks have said anecdote. A few years ago the National But I remind my colleagues that in the that we need a counterbalance to the Institute of Justice at the Justice De- Hollings amendment he requires the administration. Well, it is interesting partment was at odds with industry Librarian of Congress to report to Con- that the administration has something over standards and testing for police gress within 120 days on how they could like just under $5 million in its budget body armor, known as bullet-proof consolidate the OTA, GPO, and GAO. I for its science advisor, with 39 people. vests. They consulted with Republican think that amendment looks to their Another point I will make is that I and Democratic staffs of the Senate recommendations, which I think is re- was called by a number of people ask- Judiciary Committee to try to break liable. We need the agencies to tell us ing me to reconsider the proposal to the impasse, but the committee real- how they can be efficient and reach eliminate the Office of Technology As- ized it was dealing with technical those goals. I remind my colleagues, sessment. One of those individuals that issues beyond its depth. Finally, the also, that I have heard some say, ‘‘If we called me said, ‘‘Frankly, after I found NIJ suggested—and the committee cannot cut here, where can we cut?’’ out what was going on at OTA, I readily concurred—that the problem This bill in front of us cuts $200 mil- thought it was a small cadre of individ- should be turned to OTA. OTA’s rep- lion. It shows where effectively we can uals, a small tight-knit group that utation for impartiality would give it cut. I remind everyone that OTA is cut would get this information out to the credibility to solve the problem, by 25 percent in this amendment. This Members of the Congress, and I found which it did. is a very important agency to me. I they had $23 million for their budget.’’ OTA leverages its core staff by mak- hope we do not lose it this year, be- He said, ‘‘That should not be.’’ ing extensive use of outside advisory cause I think we will see what the fu- There is a sense that if we eliminate groups, workshops, contractors, re- ture brings us, and that technology and OTA, somehow science and technology viewers, drawn from both Government science is even more critical in the in America will come to a crashing and the private sector, here and years to come. halt. Again, earlier today we heard abroad. Unlike many other agencies, Mr. MACK. How much time do we about the significance of a grain of the OTA process ensures that OTA gets have remaining? sand, if you will. A grain of sand has

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10386 CONGRESSIONAL RECORD — SENATE July 20, 1995 turned out to be a very significant in the private sector, not in Govern- agreement just propounded by the ma- item on this planet, which is, in es- ment. I yield the floor. jority leader would then require two sence, responsible for the computer. Is Mr. HOLLINGS. Mr. President, I un- recorded votes beginning at 6:15. it not interesting that the computers derstand we are trying to terminate de- Mr. DOLE. I did not propound it. I we deal with today, somehow or an- bate on this particular amendment and wanted to wait until the Senator was other, magically occurred without the then the leader wishes a vote on an- on the floor. Office of Technology Assessment in the other matter. f Congress of the United States? Let me thank Members for the bipar- During our committee hearings, we tisan support and the experts that we BOSNIA AND HERZEGOVINA SELF- had testimony and review of a number have heard in the debate, especially the DEFENSE ACT OF 1995 of documents. Again, this is the Office distinguished ranking member of our Mr. DOLE. Mr. President, I call for of Technology Assessment. Here is a committee, who has studied it closely. the regular order. report entitled ‘‘Understanding Esti- We made the cuts. We were using a $22 The PRESIDING OFFICER. The mates of National Health Expenditures million figure. The distinguished chair- clerk will report. Under Health Reform.’’ man now of that subcommittee says it The bill clerk read as follows: I make the claim that, frankly, that is $23 million, so now it amounts to A bill (S. 21) to terminate the United has very little to do with the Office of more than a 30-percent cut that we are States arms embargo applicable to the Gov- Technology Assessment. cutting the Office of Technology As- ernment of Bosnia and Herzegovina. There is study after study where sessment. The Senate resumed consideration of there is duplication, where we basi- When he talks of the number of em- the bill. cally—when I say duplication, I mean ployees, Mr. President, there are 4,707 Pending: duplication in the sense of the outside, employees over there at GAO. I think Dole amendment No. 1801, in the nature of where we can turn to America and ask we perhaps ought to consolidate it a a substitute. them for information that is available. little bit more. f We do not need to spend $23 million in These arguments that we have heard out of the whole cloth, never have I COMPREHENSIVE REGULATORY a year in order to bring that about. REFORM ACT Another point: I think that probably heard that the Office of Technology As- one of the most significant scientific sessment never studied one of the Mr. DOLE. I exercise my right to call debates or debates about technology greatest advancements in science and for the regular order, thereby begin- that we have had in the Congress in technology, the super collider. They ning 1 hour of debate prior to a cloture years is the issue of the super collider. certainly did not, because they have to vote on the reg reform bill. Interestingly enough, there was no re- be asked by these committees, and the The PRESIDING OFFICER. Without committee chairmen were already in port from OTA on the super collider, objection, it is so ordered. favor of it, and they did not want that again, one of the most significant new The clerk will report. study. Now, if we had that studied, and technologies that the Congress was The bill clerk read as follows: they asked, we would have had it, and considering. A bill (S. 343) to reform the regulatory There are those who say that now we might have done away with the process, and for other purposes. super collider a lot quicker, which per- that we have the budget battle out of The Senate resumed consideration of haps the Senator from Florida and I the way, this is really not an issue the bill. and the Senator from Nevada and I about whether we will cut $200 million; agree on. It is $36 billion in research Pending: it is a question of where. Dole amendment No. 1487, in the nature of Mr. President, I refer to a chart be- and studies and development over in a substitute. the Pentagon—billions. The distin- hind me showing the history of GAO’s Ashcroft amendment No. 1786 (to Amend- guished Senator from Nevada says we full-time equivalent. We began the ment No. 1487), to provide for the designation have to economize. But then the Sen- process in 1993 to reduce the staff and of distressed areas within qualifying cities as ator from Utah says, ‘‘Wait a minute. regulatory relief zones and for the selective the size of GAO. It has gone from 5,150 We have to look at the entire Govern- waiver of Federal regulations within such down to 3,865 as proposed under this ment.’’ zones. bill. It is going to go further as a result I do not know how to satisfy these Hutchison/Ashcroft amendment No. 1789 of what we do in 1997, and what is pro- arguments. We have worked to protect (to Amendment No. 1786), in the nature of a substitute. posed in this bill as well. This amend- the Library of Congress in this amendment says we ought to go further. ment and hope that our colleagues will Mr. DOLE. I ask unanimous consent Chuck Bowsher, the Comptroller support us. that all second-degree amendments General of the United States, was not The PRESIDING OFFICER (Mr. under rule XXII must be filed by the happy to learn that over a 2-year pe- ABRAHAM). Under the previous order, time of the cloture vote. riod we would reduce his budget by 25 the hour of 5:15 having arrived, it is The PRESIDING OFFICER. Without percent, but he worked with us. We time to recognize the majority leader. objection, it is so ordered. asked him the best way to go about it, Mr. MACK. Mr. President, I move to Mr. DOLE. I further ask unanimous and we worked out a plan. We will cut table the Hollings amendment. consent that regardless of the outcome $68 million from GAO this year. Now, Mr. DOLE. I ask for the yeas and of the cloture vote, and notwith- with this amendment, GAO will be nays. standing rule XXII, immediately fol- asked to cut an additional $7 million The PRESIDING OFFICER. Is there a lowing the cloture vote, the motion to out of their budget. sufficient second? There is a sufficient table by Senator MACK be voted on, on This is the wrong way to do it. Mr. second. The yeas and nays were or- amendment No. 1808, the legislative ap- President, I urge my colleagues to vote dered. propriations bill. against this amendment. This is only Mr. DOLE. Before we start the vote, The PRESIDING OFFICER. Without the beginning of the debate. Imagine, I will enter a unanimous-consent re- objection, it is so ordered. here it is, the first appropriations bill, quest. I am waiting for Senator Mr. DOLE. I also ask unanimous con- we have suggested eliminating the DASCHLE. In that request will be that, sent that if cloture is not invoked, the OTA, an agency, in essence, which we regardless of the outcome of the clo- Senate resume the legislative appro- believe is not necessary because we be- ture vote, notwithstanding rule XXII, priations bill. lieve we can get the information from immediately following the cloture The PRESIDING OFFICER. Without a whole series of sources. And we are vote, Senator MACK be recognized to objection, it is so ordered. hearing stories here on the floor of the move to table the Hollings amendment. f Senate that basically say if we elimi- He has done that. So the vote will nate OTA, we will end the technology occur on the motion to table the UNANIMOUS-CONSENT revolution in America. Mr. President, amendment No. 1808. AGREEMENT—S. 21 that is impossible because the tech- Mr. DASCHLE. Mr. President, as I Mr. DOLE. Mr. President, I think we nology revolution in America is driven understand it, the unanimous-consent have an agreement on Bosnia.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10387 Let me indicate, as I said last night, night and perhaps more, subject to Mr. President, it will survive if this I did have a phone visit with the Presi- whatever else may be brought up as a cloture vote is granted. dent of the United States, and obvi- result of legislative appropriations. We have been told that there is ongo- ously I want to cooperate with the I yield the floor. ing negotiation. I can tell you, there President. I think we now have an Several Senators addressed the are at least three points which are not agreement that does that. I thank the Chair. solvable, and upon which negotiation is Democratic leader. The PRESIDING OFFICER. The Sen- not getting closer but is getting fur- I ask unanimous consent that S. 21 be ator from Colorado. ther away. Let me explain those three temporarily laid aside; that on Tues- f points. day, July 25, the majority leader, after First, can you review existing rules? COMPREHENSIVE REGULATORY notification of the minority leader, All of those rules out there which have REFORM ACT may resume consideration of S. 21, the been adopted, some without consider- Bosnia Self-Defense Act, and the fol- The Senate continued with the con- ation of science, some without the fog- lowing amendments be the only first- sideration of the bill. giest notion as to what they would degree amendments in order to the Mr. BROWN. Mr. President, what is cost, some defying logic, some being Dole substitute, and they be subject to the pending business? adopted in opposition to what their relevant second degrees, following a The PRESIDING OFFICER. The own scientists have said—can you re- failed motion to table: There be a Nunn pending business before the Senate is view those existing rules? amendment, relevant; Nunn amend- S. 343, the regulatory reform bill. In the Dole-Johnston substitute, you ment, U.S. participation; Nunn amend- Mr. BROWN. Mr. President, I call up can review those existing rules. In the ment, multilateral embargo; Nunn my amendment 1550. Glenn substitute, there is no right to amendment, relevant. Two Nunn rel- The PRESIDING OFFICER. The Dole review existing rules. evant amendments. Four amendments substitute is not open to amendment at Second, the question of what we call by the distinguished Democratic leader this time. decisional criteria. That is a very min- or his designee, relevant amendments; Mr. JOHNSTON. Mr. President, par- imum, commonsense rule that says in a Byrd amendment, relevant; Kerry of liamentary inquiry: Who is it that con- order to have a rule you have to be able Massachusetts amendment, relevant. trols the time? to certify that the benefits justify the I further ask unanimous consent The PRESIDING OFFICER. At this cost. Mr. President, you would think that, following the disposition of the point, the time is controlled by the two that would be not only common sense above-listed amendments, the Senate leaders or their designees. but that would be a rule of logic, a rule proceed to vote on the Dole substitute, Mr. DOLE. Mr. President, I designate of proceeding as to which all Federal as amended, if amended, to be followed Senator HATCH. bureaucrats would adhere. But there is by third reading, and there be 4 hours Mr. DASCHLE. I designate Senator a gulf between the two sides in this dis- of debate equally divided between Sen- GLENN. pute. We have decisional criteria. The ator DOLE and Senator NUNN, and then The PRESIDING OFFICER. Who Glenn substitutes have what you might final passage of S. 21 as amended, if yields time? call standards for discussion. That is, amended. Mr. BROWN addressed the Chair. you can discuss whether or not the ben- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- efits justify the cost, but it is not a objection, it is so ordered. ator from Colorado. test and it is not going to be used by Mr. DOLE. So, Mr. President, now we Mr. BROWN. Mr. President, what is anybody in determining the reason- have the 1-hour debate before the clo- the pending business of the Senate? ableness or the arbitrariness of that ture vote. Senator JOHNSTON is here, The PRESIDING OFFICER. The regulation. Senator ROTH is here, and there will be Hutchison amendment No. 1789. Finally, there is a question of wheth- a cloture vote and then we will be back Mr. BROWN. Mr. President, I ask er the court can review the risk assess- on the legislative appropriations bill. unanimous consent to set aside that ment, or the cost-benefit ratio for de- Hopefully we can finish that tonight. amendment so I may offer my amend- termining whether or not that rule is Then, we will have the debate, hope- ment No. 1550. arbitrary and capricious. I will read fully, on the rescissions bill tonight. I The PRESIDING OFFICER. Is there the latest draft. will be talking with the Democratic objection? The adequacy of compliance or failure to leader about that. Mr. JOHNSTON. Mr. President, I comply shall not be grounds for remanding The PRESIDING OFFICER. The hate to object, but I think we have the or invalidating a final agency action. Democratic leader. 1-hour debate before the cloture vote. The adequacy of compliance or the failure Mr. DASCHLE. Mr. President, I Mr. BROWN. Let me assure the Sen- to comply shall not be grounds for remand- think the two unanimous-consent ator. My hope is this could be unani- ing or invalidating a final agency action. agreements are ones we feel very, very mously accepted but I would be happy In other words, it does not matter encouraged by. I think there is little to agree to a 5-minute time limit. Let how bad this risk assessment is; it does likelihood that all of the amendments me explain very quickly. not matter how central the science is that were listed in the unanimous-con- Mr. JOHNSTON. Mr. President, if one to the question to be done; it does not sent agreement dealing with Bosnia of the Senators can see if we can clear matter whether it is junk science that will be utilized, but I think it does it, then we might not have any debate. uses all scientists on one side of a ques- allow for whatever extenuating cir- Mr. BROWN. I thank the Senator. tion; it does not matter how unreason- cumstances may occur as a result of Mr. JOHNSTON. Mr. President, I able, how outrageous the failure is to the ongoing meetings. But I certainly wonder if the Senator will yield me 10 comply with the risk assessment or appreciate the cooperation and the sen- minutes? cost-benefit analysis—the court may sitivity demonstrated by the majority Mr. HATCH. Could the Senator take not remand that case to cure that leader on this issue. I hope at some 5 now and if he needs more I will be error. That is exactly what we are point next week we can finalize our happy to? asked to do. work on this resolution, however it Mr. JOHNSTON. Fine. Mr. President, we are getting no- may turn out. So tonight, I hope we The PRESIDING OFFICER. The Sen- where fast. In my view, it is a question can have a good debate on the cloture ator from Louisiana. of whether you want real regulatory motion and also complete our work on Mr. JOHNSTON. Mr. President, it is reform or whether you want sham reg- the rescissions bill so we leave nothing like that tennis match I saw the other ulatory reform. If you want sham, real- other than the votes tomorrow morn- night, where the games were even and ly if you want business as usual, then ing on the rescissions package. they were in the tie breaker. It is 6-all, vote no on cloture, because that is There is a good deal of work we can in the tie breaker, and there is 1 point what you will get and you will be able do tonight. I hope Members are all that is going to make the difference. to go around and say how great these aware that there will be additional And it is this vote. The question is, bureaucrats are and what a good job votes, at least two additional votes to- Does regulatory reform survive or not? they are doing, because they are going

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10388 CONGRESSIONAL RECORD — SENATE July 20, 1995 to continue to do exactly what they It was my understanding, in talking view rules, but we do not let special in- are doing now. to the majority leader on the floor terests petition to put rules on the list. If cloture is voted, and I hope and about an hour and a half ago, that Instead, we provide a process where in- trust it will be, there are a lot of maybe there was some give in that terest groups can appeal to Congress to amendments we are perfectly willing area and perhaps we would be willing have a rule reviewed. And that makes to consider. to talk about the petition process, more sense. It is more fair. But there has to be an end to this which they were not willing to do be- He says our judicial review language process. We cannot have amendments fore. allows more avenues into reviewing out of the expanding file where they Another one that is a killer on this is parts of cost-benefit analysis and risk keep coming and they keep coming. going to require that when an agency assessment than the Dole-Johnston Mr. President, the things that we reviews the rule that all reasonable al- bill. I do not feel that is true. In fact, have solved here—judicial review, we ternatives have to be considered. That I think it is not true. We state explic- thought we had solved that; superman- is an infinite direction. That is a direc- itly in our language that ‘‘the court date, we accepted their language; we tion to do something that is probably shall not review to determine whether thought we had solved decisional cri- not possible to do, to take all reason- the analysis or assessment conformed teria; we thought we had solved agency able alternatives. We wanted to do to the particular requirements’’ of overload, had taken Sally Katzen’s own what the distinguished Senator from cost-benefit analysis and risk assess- concept; we dropped the Tucker Act; Louisiana proposed back several days ment. We would like them to do the we dropped the chevron language; we ago, and that was limit that to perhaps same. I think we are making progress upped the threshold from $50 million to just three or four. We were willing to in that area, too. $100 million; we gave new language on do that. That is fine. Senator JOHNSTON wrote a letter to TRI; we are willing to do more; we are The sunset provision on this, we me, Senator BIDEN and Senator BAUCUS willing to discuss the Delaney rule; we made progress in that particular area. in March of this year stating all of his did away with Superfund. Mr. Presi- On the special interest section, there concerns with the Dole bill as it was dent, we have done a lot. I think we were proposals made on that that they then. Many of the issues he raised have solved all the problems. Sally were willing to discuss. The toxics re- —like too much judicial review and the Katzen gave a list of nine faults with lease inventory, we want to do that. petition process—are still valid prob- the original Johnston proposal. And I At each step along the way what has lems in the Dole-Johnston bill. In fact, think we have solved all nine of them. happened is when we have gotten a let- he stated explicitly in his letter that Now we have found that some of our ter, a proposal that listed the real an- he did not agree with a petition process solutions use the words of the oppo- swers to some questions we had, we for the review of rules. Now he is call- nents—conceding to them. They used have responded. We are in that same ing the Glenn-Chafee bill weak for not those very words against us which they position right now. We are responding. having such a process. admitted, which they confected. They A letter will go back which we worked No. 3, many have accused us of not used those words against us. Mr. Presi- on early today and earlier this after- really being serious about regulatory dent, I do not think it is reasonable. noon. That letter is going back right reform. Let me give you a little back- I hope my colleagues will bring this now proposing some give and take in ground on our good-faith effort to put debate to an end so we can get on with these particular areas. together a viable regulatory reform the amendment process, and so we can Why we have to go to a cloture vote package. pass a bill. Otherwise, it is R.I.P. It is now I do not know. My own personal The Governmental Affairs Com- so long to risk assessment. bottom line on these things has nar- mittee reported out a strong regu- The PRESIDING OFFICER. Who rowed down through all of this process latory reform bill with full bipartisan yields time? over the last 2 weeks to the no new pe- support 15 to nothing, coming out of Mr. GLENN. Mr. President, I yield tition process, to limiting the reason- committee with 8 Republicans and 7 myself 10 minutes. able alternatives to three or four, as Democrats. This bill formed the basis The PRESIDING OFFICER. The Sen- was already agreed to, and to striking for the Glenn-Chafee substitute. It is a ator from Ohio. that section on special interests. That strong, a balanced approach to regu- Mr. GLENN. Mr. President, I do not is the one that is a real killer as far as latory reform. It will relieve the regu- really recognize what has happened health and safety goes because it latory burden on businesses as well as here by the description we just heard leaves the toxics release inventory. It protect the environment, the health, on the floor. We have been negotiating takes it out. It takes out Delaney and the safety of the American people. in good faith. There has been a lot of which needs modification but not just On the other hand, the Judiciary progress made. We started out with elimination. And food safety, health, Committee, on which the Dole-John- decisional criteria. They wanted a things like that go by the board. ston bill is based, had a very divisive least-cost. We wanted cost-benefit. The So I just disagree strongly that we debate on this bill, and they ended up compromise was made that we go to have not made considerable progress on reporting out the bill without amend- greater net benefits. this bill. ment. Some of the departments still have Now let me start with some truths in Before bringing the Dole-Johnston some problems with that. We are work- this debate. We have heard lots of hor- bill to the floor, we sat down with the ing some of those things out. So we ror stories about bad regulations on supporters of S. 343 and had very seri- have made progress in that area. the floor from the proponents of S. 343. ous negotiations on two different occa- Judicial review—it went to the final I do not have to hear those on the sions. We outlined our concerns; we rule. But one of the real killers in this floor. I get enough of them when I go provided written changes to their lan- is the fact that we still have unlimited back home. Many of the stories guage. And for the most part our con- new petition processes. That is just a brought out on the floor here were just cerns were dismissed out of hand. way of saying that anybody that has an plain false. I gave the rebuttal to some Now, after a strong vote on the interest in killing any particular legis- of those things on the floor here where Glenn-Chafee substitute and two losing lation or any particular regulation will we think they went too far. Some of cloture votes, they wanted us to come have the opportunity by the possibility the ones were completely valid. We back to the table and negotiate one of not just a few but hundreds and hun- have pointed them out on the floor too. more time. And we did that yesterday dreds of potential routes in the peti- Let me respond to several of the ac- because we want regulatory reform. tion process by which they can prevent cusations that the Senator from Lou- I am as dedicated to regulatory re- legislation or prevent regulations isiana has made about the Glenn- form as anybody in this body. We need being written that might benefit all of Chafee bill. it. But we want commonsense reform. America. Yet, they can stop it with He says our lookback provisions for We do not want regulatory rollback this particular bill with those petition review of existing rules has ‘‘no teeth.’’ that is disguised in the rhetoric of reg- processes. That is a killer. We made That is wrong. We do have judicial re- ulatory reform. We cannot tie the some proposals on that. view of the agency requirements to re- agencies up in unneeded bureaucratic

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10389 steps for a variety of new lawsuits. riod of time that they did not want to does not have a supermandate. It does That is not regulatory reform. That is see go through. That is not reg reform. not override the law. what this bill does. That is regulatory favoritism for the Mr. President, my point is that we We gave Senator HATCH a list of favored few. I do not see that that does have bent over backwards to negotiate changes that were necessary before we anything for the American people. with our friends and colleagues who could consider supporting the Dole- Under the Glenn-Chafee bill—— have different views, but we have to Johnston bill. They appear to be mov- The PRESIDING OFFICER. The 10 draw this thing to a closure. We have ing on a few important issues. Today minutes has elapsed. to have it come to a conclusion. We they are proposing to: Mr. GLENN. I yield myself another 2 need to have, unfortunately, cloture. I First, change—this was yesterday— minutes. say unfortunately; I do not like clo- change the ‘‘least cost’’ language in What we do in that bill is try to hit ture. But if we are going to end this decisional criteria and replaced it with a balance. We provide redress for reg bill, we have to have cloture. We have ‘‘greater net benefits.’’ reform that has gone too far. We pro- over 250 amendments filed—250 amend- Second, modify a few parts of their vide review over a period of time for ments—many of which are very arbi- judicial review language, including get- every single law, every single rule and trary. Some are serious. ting rid of ‘‘interlocutory review,’’ reg that is out there now. At the same I wish to compliment my friend and which is encouraging. However, there time, we do not dump all of the health colleague, Senator JOHNSTON from Lou- are still some questions in this area. and safety regulations that have been isiana, because he has worked tire- Third, they would possibly adopt the built up over the last 25 years, just toss lessly to put this package together. Is sunset language in the Glenn-Chafee them out or have the possibility by the it perfect? No. But is it a giant step to- bill. processes we are providing in this law ward reining in unnecessary and overly Fourth, they said they would discuss of throwing them out. expensive regulations? Yes, it is. And it the toxics release inventory. That would be a mistake. We do not needs to pass. The cost of regulations But these are not definite changes, want to throw out the baby with the today exceeds $6,000 per family. And and, even so, this bill still has signifi- bath water. What we set up in our bill, that is growing out of control. We need cant problems. First, it has six new pe- the Glenn-Chafee bill, was an even- to rein it in. This is the bill to do it. tition processes. All, except one, are ju- handed approach to this thing. All you We cannot do it if we do not get clo- dicially reviewable and must be grant- can say when you are setting up a bill ture. I do not think we are going to ed or denied by an agency within a cer- like the Dole-Johnston bill that pro- have another cloture vote. I think this tain period. This is just a formula to vides means by which any interested is it. If we do not get cloture today, my tie up the agencies and prevent them party can prevent a rule or regulation guess is we are killing this bill for this from doing their jobs effectively. from going into effect for an indefinite Congress, and a lot of people have They do not change the effective date period of time—and that is exactly worked too hard for that to happen. of this bill. That means that as soon as what this bill does—it cannot be For all my colleagues who say they want regulatory reform, if they want this bill becomes law everything on termed anything except regulatory fa- it, they need to vote for cloture. We that date must immediately comply voritism. That is not in the best inter- will have the opportunity to make with the many rigorous requirements ests of the American people. some adjustments to improve the bill if of this bill. This captures all the rules I reserve the remainder of my time. that are out there in the pipeline right The PRESIDING OFFICER. Who that is necessary. I urge my colleagues to vote for clo- now, and will send agencies back to yields time? ture and let us pass a positive bill that square one on some regulations delay- Mr. HATCH addressed the Chair. will rein in unnecessary regulations. ing them unnecessarily. The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, I yield 6 This is a poor use of Government re- ator from Utah. minutes to the distinguished Senator Mr. HATCH. I yield 3 minutes to the sources. from Rhode Island. Third, they still have special interest distinguished Senator Oklahoma. The PRESIDING OFFICER. The Sen- fixes. They say they are willing to dis- The PRESIDING OFFICER. The Sen- ator from Rhode Island. cuss TRI, and we want to talk about ator from Oklahoma. Mr. CHAFEE. Mr. President, I am that. But making a cloture vote now Mr. NICKLES. Mr. President, first I going to vote for cloture on the next does not permit that to happen right would like to compliment my friend vote, this vote coming up. If regulatory now. We think these provisions simply and colleague, Senator HATCH, from reform means rules that are more cost do not belong in a regulatory reform Utah and also Senator ROTH, from effective and based on better science bill. The Governmental Affairs Com- Delaware, for their patience in working and information, then I am for regu- mittee and the Judiciary Committee on this bill. I will admit that they have latory reform. I continue to believe have held no hearings on these issues. shown greater patience than myself. that the Senate can produce a good In effect, we are taking jurisdiction They have, I think, done an out- regulatory reform bill. So I will vote away from the committees of normal standing job in managing this bill. It is for debate on this bill to go forward. jurisdiction in these areas. These are a very difficult bill. I also want to com- Now, I do not think this bill is per- special interest fixes, clear and simple. pliment the majority leader of the Sen- fect. There are over 200 amendments Fourth, they still have major ate, Mr. DOLE. pending to this bill. Some of these changes to the Administrative Proce- I will tell you, we are going to have amendments, if enacted, would roll dure Act, including adding new peti- this third cloture vote, and I think this back the progress that has been made tions. These are unnecessary. They will is the vote. I have heard some of my to protect health and the environment only add to litigation. colleagues say, well, we need to make over the past 25 years. Every Senator Fifth, too many rules are covered, some more adjustments. We have made will be reserving judgment on that given the Nunn amendment that I think over 100 adjustments to this final vote to see the final package sweeps in any rule that has a signifi- bill. I might go through a list, or when the day is done. In other words, cant impact on small businesses. These maybe put a list in the RECORD, of this is no commitment on my part to are just some of the major issues still some of the changes we made. vote for the final bill. We will see what outstanding. I remember 10 days ago they said we it looks like. Now, we still want to work in good need to increase the threshold from $50 If cloture succeeds, I will be working faith with Senator HATCH, Senator to $100 million. That has been done. We to improve this bill. I have spoken to DOLE, Senator JOHNSTON, and others, need to eliminate the provisions deal- Senators HATCH and ROTH about provi- but we do not want medicine that is ing with Superfund. That has been sions that continue to cause me con- worse than the disease itself. And we done. We need to clarify that it does cern, and they have agreed with some need sensible, balanced, regulatory re- not jeopardize health and safety. We of those concerns and promised to work form. The bill as it is now would per- have done that as well. We have had with me on those items. mit any interest group to tie up in leg- many people mention that it does have Let me say I am grateful to the ma- islation anything for an indefinite pe- a supermandate in it. We said, no, it jority leader and to the Senator from

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10390 CONGRESSIONAL RECORD — SENATE July 20, 1995 Utah Mr. [Hatch] and the Senator from qualify for cost-benefit analysis has I thank the Chair. Delaware, Mr. [Roth] for their willing- been raised from $50 to $100 million, a The PRESIDING OFFICER. Who ness to address the concerns that I change that will help agencies target yields time? have expressed. We have put together a resources at remedying rules that im- Mr. GLENN. I yield 7 minutes to the package of amendments that will be of- pose the greatest burden on the econ- distinguished Senator from Michigan. fered later. They have promised sup- omy. The PRESIDING OFFICER. The Sen- port for those amendments. They will Additional negotiations have taken ator from Michigan. make several changes to this bill that place during this week, since the first Mr. LEVIN. Mr. President, I think will resolve some of my major con- cloture petition failed, and some addi- most Members of this body want a cerns. tional concessions have been made to strong regulatory reform bill. I hope This package of amendments will opponents of the bill. I believe that most Members of this body also want strike the provision in the bill that re- both sides have negotiated in good to make sure that we preserve impor- quires agencies to pick the least costly faith, and I applaud Senators HATCH tant health, safety, and environmental regulatory option. That will no longer and others involved in the process for protections. The problem with the cur- be required. They will not be required accepting a number of reasonable rent version, the most recent version of to pick the least costly option. Instead, changes to the underlying bill. the bill before us, is that it fails both they are to select the option that pro- While these changes do not go far tests. The bill before us has such proce- vides the greatest net benefit. Now, enough to ameliorate the concerns I dural complications, so many grounds this is a very significant change. have previously expressed about the for litigation, so many appeals to This package that we are talking bill, there comes a time when the ma- court, that it will not cure the patient. about makes several changes to the ju- jority must be permitted to impose its And this patient is sick. It is going to dicial review provisions, including de- will. I believe that time has now come. choke this patient with litigation that letion of the item that would have re- I would prefer to see a bill that relied for the first time will be permitted on quired substantial support in the more on Congress to improve the regu- just about every request that is made record for all the facts on which the latory system than the courts, and I to an agency. Under this bill, for the rule is based. That is deleted. would like to try more incremental re- first time, if you make a request to an The package also deletes the auto- form instead of flooding our agencies agency for an interpretation of a gen- matic sunset of existing rules. It scales with such burdensome analytical re- eral statement of policy, then the let- back the large number of petitions that quirements that their effectiveness ter that you get back from the agen- could be filed under the Administrative may be hampered. cy—and there are tens of thousands of Yesterday I had occasion to discuss Procedure Act. These amendments will these letters—is subject to judicial re- this legislation with Philip Howard, definitely improve this bill. view. author of the book that has been cited It is time, in my judgment, to com- We have not had judicial review of dozens of time during the course of this plete work on this and move on to agency letters giving guidance, state- debate, ‘‘The Death of Common Sense.’’ other important business in the Sen- ments of policy, or interpretations of To summarize his views, the man who ate. We have a lot before us. If we work interpretive rules. For the first time; wrote the book about common sense hard, we can get a good regulatory re- for the first time. believes that the bill, in its current Probably 90 percent of the paper that form bill. form, does not make sense. Its over re- Mr. President, I will certainly be comes out of an agency in terms of giv- liance on litigation and Rube- striving to achieve that. ing guidance to small business people Goldbergesque petition process will Mr. COHEN. Will the Senator yield? is going to be subject to litigation. complicate the regulatory process in- Mr. CHAFEE. I would. This is not curing the patient, this is stead of streamlining it. We might well Mr. COHEN. I would like to associate killing the patient. This is choking the do better to start all over again and myself with the Senator’s remarks and patient to death instead of giving cor- try to come up with a bill that is less indicate that I wish to commend him rective surgery. Now, that is the cur- complicated, but would achieve the for the effort he has made to try to per- rent version, the current version of the goal of meaningful regulatory reform. suade our colleagues to move closer to Even though I have been unable to Dole-Johnston bill. Now, we understand there are going the position of the Senator from Rhode convince my colleagues on these issues, to be some changes that will be offered Island and the Senator from Ohio. I will not stand in the way of permit- Mr. President, I have been engaged in ting an up or down vote on the ap- in this as a result of negotiations, and the debate over regulatory reform proach that they support. But if clo- that is fine, if, in fact, those changes since February when the Government ture is obtained, I will vote against the are agreed to by the Senate, and if Affairs Committee held a series of bill. there is a chance to debate and review hearing on the issue. I was involved in Even if the bill passes the Senate, these things to see whether or not, in the negotiations over the bill that there remains a long way to go before fact, it has happened. But we have just emerged from the committee and held the bill becomes law. The legislation been informed of this in the last few a field hearing in April where Mainers that passed the House is clearly unac- minutes. In the last few minutes, we had an opportunity to express both ceptable. By voting for cloture today, I are now informed there is going to be a support for and opposition to regu- am not suggesting that I will vote for whole bunch of additional changes that latory reform. cloture on a conference report that are going to be made in the Dole-John- I have also carefully watched the de- contains the same defects as the House ston bill, and changes are needed. bate that has transpired on the Senate bill or exacerbates the weaknesses of The problem is, there are a lot of ad- floor over the past 2 weeks. Tuesday the Senate bill. ditional changes which are needed, as there was a vigorous debate on the But the time has come for the proc- well. There are amendments at the Glenn-Chafee substitute, which, to my ess to move forward. I still hold out desk which are relevant, which will be disappointment, was narrowly de- hope that the bill will continue to be precluded from being offered if cloture feated. improved and a bipartisan regulatory is invoked. That is a critical distinc- I believe that there has been suffi- reform bill will be enacted into law tion, because cloture will prevent the cient time for all views to be aired and during this session of Congress. sponsors of relevant amendments that extended debate has let to sub- Mr. CHAFEE. Mr. President, I think which are not technically germane stantive improvements in Dole-John- we share those concerns. We do not from offering those amendments. And son bill. S. 343 has changed a great deal have any idea what will emerge from may I say, that is also going to be true since its introduction. Its superman- conference, and we are not sure what is of changes in the proposals which are date has been significantly modified, going to happen to these amendments going to be offered by the Senator from its petition process has been narrowed, that are before us that will be taken Rhode Island. That language has not and the scope of judicial review has up. So my commitment is to vote for been offered yet. Amendments to that been reduced. Due to an amendment on cloture. That completes my commit- language presumably are not going to the floor, the threshold for rules to ment. be in order because that language was

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10391 not even in the bill at the time the clo- is a mistake to derail the process I thank my colleague from Utah. ture motion was filed. which we now have, which is to nego- The PRESIDING OFFICER. Who Yet, if cloture is invoked, amend- tiate a strong regulatory reform pack- yields time? ments which are relevant to the bill age, but one that does not choke the Mr. GLENN. Mr. President, I yield 7 which was on file when cloture was patient in the name of reforming regu- minutes to the distinguished Senator filed will be precluded, as well as lations. We can have clean air, clean from Massachusetts. amendments to these new changes water, a safe environment, and we also The PRESIDING OFFICER (Mr. BEN- which have been discussed in the last can get rid of the abuses of the regu- NETT). The Senator from Massachu- few minutes. latory process. We cannot have both. setts. Now, we have made too much The version that I have last seen, at Mr. KERRY. Mr. President, I would progress to legislate this way. We have least—the last version that we have— like to begin by sharing with our col- had negotiations which have been does not yet achieve those goals. leagues a statement by the Vice Presi- fruitful. We have made progress which Therefore, I hope that cloture will not dent this afternoon: I think is reflected by the fact that the be invoked, and that we will then pick This afternoon, the Senate will consider Senator from Rhode Island is now say- up that negotiating process and con- shutting off debate on the Dole regulatory ing that many of his concerns have clude it. It was moving along quite well reform bill. I urge Senators to reject the mo- been addressed. That represents tion and continue debate. The bill sells out until this cloture motion was filed. I to special interests and puts the health and progress because many of the Senator’s am afraid that this cloture motion, in- safety of all Americans at risk. It creates concerns are the same concerns that stead of advancing the goal which we more bureaucracy and more loopholes for this Senator has and many other Sen- all share of strong regulatory reform, lawyers and lobbyists to challenge and weak- ators have. will derail those negotiations. And that en health and safety standards. In essence, it But there are other concerns which would be too bad. threatens the progress we have made over we can address if we will continue a Mr. President, I yield the floor. the past 25 years to protect us from unsafe process which has made some progress. The PRESIDING OFFICER. Who drinking water, contaminated meat and dan- To suddenly terminate these negotia- yields time? gerous workplaces. The American people expect and deserve tions by voting cloture and to rule out Mr. HATCH. Mr. President, I yield to better. The President supports passage of probably dozens of relevant amend- the distinguished Senator from Mis- true regulatory reform legislation. However, ments that many of us have filed in souri 2 minutes. this bill fails to achieve it. It should be op- this bill is not the way to address regu- The PRESIDING OFFICER. The Sen- posed if it cannot be changed, and should it latory reform. ator from Missouri. come to the President’s desk, he would veto Mr. President, whether or not cloture Mr. BOND. Mr. President, I thank the it. succeeds—and I hope it fails—these ne- distinguished manager of this bill. He So the choice here, Mr. President, is gotiations should continue. I think all has done an excellent job with respect whether we go through an exercise of us that have been involved in these to the negotiations. They have been which will end up in a Presidential negotiations, as long and as time con- going on since February. We have been veto or whether we recognize what is suming as they have been, at times as working on this bill for over a month. really the choice here. The Senator frustrating as they have been, can hon- The last package that was presented to from Louisiana suggested the choice is estly say we have made substantial us by the other side actually gutted whether you want regulatory reform or progress. The last thing that we did the provisions that small business not. That is not the choice before the was to submit a package proposal, and needs in regulatory flexibility. They U.S. Senate. as far as I know, we have not yet re- took out three other main provisions The choice is whether you want to ceived a package response. that small business wants. have a bill that, in the guise of regu- But rather than get involved in the As I have said on this floor before, latory reform, tears at the capacity of debate over what the last item of nego- small business has made regulatory re- the regulatory process to work and tiation was, let me simply say that we form a top priority. The number three undoes years of progress with respect have made significant progress during item of the delegates to the White to the health and safety and environ- these negotiations and that will be sud- House Conference on Small Business ment on behalf of special interests, or denly terminated and upset if cloture was making regulatory flexibility work whether you want to continue to nego- is invoked, which prevents relevant for small business. We have just suc- tiate in an effort to come up with a bill amendments from being offered. And cessfully negotiated with the distin- that is fair and reasonable. amendments to language which has not guished chairman of the Environment Let me answer the questions of the even yet been seen, but which presum- and Public Works Committee, Senator Senator from Louisiana himself. He ably will be accepted, according to the CHAFEE, a commonsense change in reg- suggested to the Senate the question, Senator from Rhode Island, are also ulatory flexibility that harmonizes it can you review existing rules, and said, going to be precluded, because that with the provisions in cost-benefit. So under Dole-Johnston, you can, but language which is going to be presum- you have cost-benefit and regulatory under Glenn you cannot. That is not ably accepted was not part of the bill flexibility for small business. So they true. That is just not true. at the time that the cloture motion work together. Under the Glenn bill, you have the was filed. Mr. President, we have gotten down ability to get on to the schedule I do not know of anyone who has to what we call in Missouri ‘‘Show me through the agency, and even if the worked harder for regulatory reform in time.’’ We have had a lot of talk, a lot agency turns you down you have the this body than the Senator from Ohio. of nice words. But the time has come ability to have judicial review, and if As long as I have been here, he has to show me whether you are for small judicial review turns you down, you fought for regulatory reform, including business or against it. Small business have the ability to come before the cost-benefit analysis, risk assessment, and agriculture, working men and U.S. Congress and have the Congress and other changes. The bill which he women in America today want reason- put you on the list. That is review: sponsored, along with the Republican able, commonsense regulations. We Congressional review, judicial review, chairman of the Governmental Affairs have had good input from both sides in and agency review. Committee, got unanimous, bipartisan this body. We now have a bill that The Senator suggested that on support in Governmental Affairs. That ought to move forward. We are in a po- decisional criteria, there is somehow a bill represented significant progress. sition to do so. gulf between both sides. He said that in That bill got 48 votes, basically, in this So I urge my colleagues to invoke Dole-Johnston there is decisional cri- body a few days ago. cloture, to cut off the filibuster. Let us teria, but in Glenn-Chafee there is not. There is, I believe, again, almost a get about the job of reforming regula- But the truth is, we have come to a consensus that we must do things dif- tions and see that we can have the point of compromise on decisional cri- ferently in the regulatory area. The commonsense protections that regula- teria, and we have given by accepting Senator from Ohio has been a stalwart tions give us without unnecessary bur- something that is not even in the fighter for regulatory reform. I think it dens. Glenn-Chafee bill. We put into our

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10392 CONGRESSIONAL RECORD — SENATE July 20, 1995 compromise an acceptance of the con- Mr. JEFFORDS. Mr. President, I rise local, and tribal governments; and regula- cept of decisional criteria so that you to say that I am pleased we are mak- tions that are effective, consistent, sensible, will, for the first time, have risk as- ing, I think, constructive progress on and understandable. sessment and cost evaluation. That is a this bill. I have watched the bill as it The Executive order then concludes giving by both sides, which is reflective has progressed, and I have not sup- that ‘‘We do not have such a regulatory of what the compromise process ought ported cloture up to this point, because system today.’’ to be. I felt it was necessary to keep pressure In a seminal report, ‘‘Risk and the The last question the Senator asked on to make sure that constructive Environment,’’ a bipartisan, blue rib- was whether or not you can review in progress was made. bon panel of the Carnegie Commission the end. He suggested that somehow we I have seen things with respect to has emphasized: are trying to set up a process that will cost benefit, to net benefit and matters The economic burden of regulation is so preclude review of the cost evaluation of change relative to judicial review great, and the time and money available to or the risk assessment. I say to my address the many genuine environmental and substantial other improvements. and health threats so limited, that hard re- friend, that is not accurate. We are pre- There are also other amendments pend- source allocation choices are imperative. pared to accept, and have accepted, the ing which I believe can improve this Justice Stephen Breyer, who was concept of cost analysis review taken bill. Whether they will improve this nominated to the Supreme Court by into the whole record and judged for bill to the point that I could vote for President Clinton, has testified: arbitrariness and capriciousness, and it, I am not at all sure. But I will we have accepted the notion of risk as- Our regulatory system badly prioritizes watch the progress as we go along. the health and environmental risks we face. sessment being reviewed as part of the The filibuster should not be used Paul Portney, vice president of Re- whole record and taken into consider- purely to prevent passage of bills, but ation for arbitrariness and capri- sources for the Future, has observed it should be used in a meaningful way that ‘‘Much good can come from a care- ciousness. to ensure that an opportunity is made What we disagree on to this day is ful rethinking of the way we assess for constructive change and construc- risks to health and the environment whether or not the language set out in tive passage of a piece of legislation. the Dole-Johnston bill sufficiently pre- and the role we accord to economic So although I have not supported clo- costs in setting regulatory goals.’’ cludes the procedural aspects from ture in the past, it is my view that it being thrown into the mix in a way All of these quotes show quite clearly is time to allow us to continue, recog- that there is a very real and pressing that increases more regulatory process. nizing that by granting cloture does Mr. President, I have shown this be- problem with Federal regulation. This not mean the debate closes, but rather is not about rolling back environ- fore. I show it again because it is not that we will have amendments which heard. If Philip Howard’s book about mental, health, and safety standards. are already filed and are relevant to be the death of commonsense suggested This is about reforming the regulatory taken up. that the current regulatory process process so we can achieve more good So I look forward to seeing what kind with our limited resources. This is not represents that death, this bill is the of progress we have made, what the bill funeral, not just for commonsense but a one-party issue. looks like and, therefore, it is my infor the progress we have made on the Mr. President, let me point out that tention to vote for cloture this time, health and safety and the environment, today, the managers of S. 343, again, whereas I have withheld my vote in the because it creates 88 different stand- have agreed to many changes to ac- past two attempts. ards, formal standards, which will be- commodate the concerns of our col- Mr. HATCH. I thank the Senator come part of the record which will then leagues. I doubt that our distinguished from Vermont. I yield 3 minutes to the be subject to the review that the Sen- Vice President has had the opportunity distinguished Senator from Delaware. to review these changes. But I hope he ator will not assist us in guaranteeing The PRESIDING OFFICER. The Sen- will draw the distinction between pro- will, because I think if he did, he would ator from Delaware. see that this legislation that we are cedure and the overall record. Mr. ROTH. Mr. President, I rise to I respectfully say to my colleagues, proposing today means real reform to a urge my colleagues to come together to this is not a vote about whether you system that is badly out of kilter. support the ongoing effort to reform want regulatory reform or not. It is a Let me point out that we have the regulatory process. We want to vote about whether or not we are going agreed, for example, to add new lan- make regulations both more efficient to continue to put this bill in a posi- guage to make perfectly clear that S. tion to become a sensible bill that rep- and more effective. We want to protect 343 does not contain a supermandate. resents the resurrection of common- health, safety, and the environment in We have also agreed to amend the cost- sense as opposed to its death. a more effective way, and we want to benefit decisional criteria of section This bill, in its current form, has reduce the cumulative regulatory bur- 624 to replace the least-cost test with a more petition processes than any agen- den that impacts on all of us as con- greater net benefits test. Moreover, we cy could conceivably live under. If you sumers, wage earners and taxpayers. have agreed to streamline the petition are in favor of streamlining Govern- This is a call for progress, not re- provision to section 553; to delete inter- ment, if you are in favor of reducing treat. Since the beginning of this ses- locutory appeals; to replace the auto- bureaucracy, if you are in favor of tak- sion, I have stated repeatedly that reg- matic sunset in section 623 with a pro- ing the maddening chase of Washington ulatory reform should be a bipartisan vision in the Glenn-Chafee substitute out of the process, then you should not issue and virtually everyone who has providing for a rulemaking to repeal a vote for cloture, because the fact is examined the regulatory process, re- rule; and to delete the requirement that this bill has such a tier of peti- gardless of their political bent, has that a rule have substantial support in tioning processes with so many re- concluded that it needs to be reformed. the rulemaking files. quirements for evaluation, with so Let me just take a moment to share Mr. President, these changes show many time periods of a fixed certain some revealing statements. clearly that we are acting in good faith time that you are going to have this President Clinton, in the preamble to to meet the concerns of our colleagues bureaucracy tangled up on top of each Executive Order 12866 on regulatory who want regulatory reform. I now call other without the ability to serve the planning and review, stated: upon those who want to help this effort American people, which is their pur- The American people deserve a regulatory to step forward and support cloture. We pose. system that works for them, not against must reform the regulatory process in The PRESIDING OFFICER. The Sen- them: a regulatory system that protects and a meaningful way, and the Dole-John- ator’s time has expired. improves their health, safety, environment, ston compromise would provide the re- Mr. KERRY. Mr. President, I hope and well-being and improves the perform- form we need. It would be a terrible ance of the economy without imposing unac- our colleagues will allow us to try to ceptable or unreasonable costs on society; waste to destroy this unique oppor- continue and to negotiate a reasonable regulatory policies that recognize that the tunity to reform the regulatory proc- bill. private sector and private markets are the ess. Mr. HATCH. I yield 2 minutes to the best engine for economic growth; regulatory Mr. President, I yield back the re- distinguished Senator from Vermont. approaches that respect the role of State, mainder of my time.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10393 CLEAN WATER ACT PENALTIES compliance plan has been negotiated committee on Drinking Water, Fish- Mr. PRESSLER. Mr. President, it is and the locality is acting in good faith eries and Wildlife. my intent to offer an amendment to to carry out the plan. Further, my My chief concern in seeking to enact lift the unfair burden of excessive regu- amendment would act as an incentive this measure is to prevent Watertown, latory penalties from the backs of local to encourage governments to move SD, from being forced to pay penalties governments that are working in good quickly to achieve compliance with the that are accumulating while the city is faith to comply with the Clean Water Clean Water Act. devoting its limited resources to com- Act. This amendment simply is designed pliance with the law. Mr. President, the goal of the under- to address an issue of fairness. Local Mr. CHAFEE. I understand the dis- lying legislation is to bring common governments must operate with a lim- tinguished Senator’s concerns. I recog- sense to the regulatory process. That is ited pool of resources. Localities nize that his measure already has bi- the goal of my amendment. should not have to devote their tax partisan support and the backing of a Under current law, civil penalties revenue both to penalties and programs number of local government organiza- begin to accumulate the moment a designed to comply with the law. It de- tions. I also recognize the strong desire local government violates the Clean fies common sense for the EPA to be of the Senator from South Dakota to Water Act. Once this happens, the law punishing a local government at the assist the people of Watertown. For requires that the local government same time it is working in good faith those reasons, I intend to work with present a municipal compliance plan to comply with the law. My amend- my friend from South Dakota and give for approval by the Administrator of ment restores common sense and fair- his proposal full consideration in my the Environmental Protection Agency ness to local governments. By dis- committee. [EPA], or the Secretary of the Army in continuing burdensome penalties, local Mr. PRESSLER. I thank my friend cases of section 404 violations. How- governments can better concentrate from Rhode Island for his willingness ever, even after a compliance plan has their resources to meet the intent of to consider this important measure. I been approved, penalties continue to the law in protecting our water re- look forward to working with him to accumulate. In effect, existing law sources from pollution. ensure that local governments are gives the EPA the authority to con- Mr. President, I see the distinguished treated fairly under the Clean Water tinue punishing local governments chairman of the Environment and Pub- Act. while they are trying to comply with lic Works Committee on the floor. I Mr. HATCH. I yield to the distin- the law. know my colleague is aware of my guished Senator from New Mexico. When I talk with South Dakotans, amendment, and that it would affect Mr. DOMENICI. Mr. President, with- few topics raise their blood pressure the Environmental Protection Agency, in the last 48 hours, I heard a story I faster than their frustrating dealings which is within the jurisdiction of his want to share with the Senate. Two with the Federal bureaucracy. Govern- committee. businessmen, who, 15 years ago, were ment is supposed to work for us, not Mr. CHAFEE. I thank the Senator working people, got into a business. against us. Mr. President, this is clear- from South Dakota. The Senator raises They worked hard. The banks lent ly a case where the Government is some understandable concerns regard- them some money. In both cases, they working against cities and towns that ing the imposition of civil and adminis- are very wealthy today, and they have are trying to comply in good faith with trative penalties on municipalities families. They struggled through 15 to the Clean Water Act. working to comply with the Clean 18 years of hard work in businesses. In South Dakota, the city of Water- Water Act. One of the most deplorable state- town’s innovative/alternative tech- As my colleague knows, my comments I have ever heard is that these nology wastewater treatment facility mittee will soon begin consideration of two men have both said openly and was built as a joint partnership with the reauthorization of the Clean Water publicly, ‘‘I do not want my sons to go the EPA, the city, and the State of Act. I believe the Senator’s proposed into business. Business is not worth it South Dakota in 1982. The plant was amendment is worth considering as anymore.’’ That is what we are talking constructed with the understanding part of the Clean Water Act. In fact, in about here. They did not say that be- that the EPA would provide assistance August, I intend to hold a hearing to cause business was too hard for them, in the event the new technology failed. discuss changes to the Clean Water but because Government had made it The facility was modified and rebuilt Act. too hard for them, and it did not jus- in 1991 when it was unable to comply Rather than offer the amendment to tify their hard work and dedication with Clean Water Act discharge re- the pending legislation, I invite the sufficiently for them to want their sons quirements. Unfortunately, the newly Senator from South Dakota to testify to join and go into the private sector reconstructed plant still was found to at this hearing on the very issue ad- as young businessmen and struggle in violate Federal regulations. The city dressed in his amendment. Further, the the American regulatory environment now faces a possible lawsuit by the Senator from South Dakota has my as- of today. Federal Government and is incurring surance that the Environment and That is what this evening is about. fines of up to $25,000 per day. Public Works Committee will give his We are choking that kind of enthu- The city of Watertown has entered proposal full consideration during its siasm. And I can tell you—I do not into a municipal compliance plan with deliberation of the Clean Water Act. know if it is widespread, but I am the EPA. Under the agreed plan, Wa- Would that be satisfactory to the frightened to hear it. If it becomes tertown should achieve compliance by Senator? widespread in America, it will choke December 1996. However, that plan does Mr. PRESSLER. The suggestions of what America needs most—risk-takers, not address the issue of the civil and the Senator from Rhode Island indeed small business people who are thrilled administrative penalties that continue are satisfactory. I look forward to tes- enough about it, that they would love to accumulate against the city. tifying before his committee on the to have their kids join them and go Under the law, Watertown could ac- issue of allowing the waiver of civil and into business. cumulate an additional $14 million in administrative penalties for munici- So if we wonder who we are working penalties before the treatment facility palities working toward compliance for—the Vice President’s letter says is able to comply with the Clean Water with the Clean Water Act. ‘‘special interests.’’ Whenever there is Act requirements. I would like to emphasize that the nothing else to talk about, the Vice Mr. President, I do not know of any National League of Cities, the National President or somebody in the White cities in South Dakota that can afford Association of Counties, and the South House says, ‘‘special interests.’’ Our those kinds of penalties. Dakota Department of Environment special interest is the small business My amendment would offer relief to and Natural Resources have expressed men and women in America, who cre- cities like Watertown. Under my strong support for my proposed amend- ate the jobs, create the wealth. They amendment, local governments would ment. In addition, my amendment is cannot stand it anymore. How much stop accumulating civil and adminis- supported by the Democratic leader longer do we have to stay on the floor trative penalties once a municipal and by the chairman of the Sub- before we send them a little hope that

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The more they watch what is latory compliance. ernment. going on here on the floor, I am con- As the working groups noted: As important, small businesses fident that if any of them did, they are . . .waiting until a regulation has been draft- should not be seen as autonomous, even more sure that we do not know ed, and a notice of proposed rulemaking faceless, inhuman entities trying to whether we are ever going to help them [NPRM] has been published in the Federal skirt the health, safety and well-being or how we are going to help them. Register, may result in the loss of the opportunity for stakeholders to provide meaning- of their fellow citizens. These are men f ful input early enough in the process. and women—and in my State, the ma- The working groups explored various jority of new businesses are small busi- SMALL BUSINESS ADVOCACY nesses, and the majority of those are AMENDMENT ways to address the need for early input, suggesting an Electronic Regu- women-owned businesses—who are try- Mr. DOMENICI. Mr. President. I am latory Information Center [ERIC] or ing to make a living, with fairness and pleased the Senate has accepted my electronic dockets to advise the most good business practices. They may small business advocacy amendment to interested parties of forthcoming regu- hang out their shingle as a CPA firm, the regulatory reform bill. Several latory initatives. These suggestions establish a women’s magazine for the issues have been raised relative to this have considerable merit, not only for local community, set up a hardware or amendment that I believe warrant clar- small businesses but for any others supply company, or make salsa to sell ification. who are interested in the impending at the local museum—they all fit the First, a concern has been raised regulations. definition of small businesses. When about the issue of timing; that small It is absolutely true that the small there is criticism that the workers businesses will have input into the reg- business advocacy amendment has sin- may be shortchanged in a new regu- ulatory process prior to a notice of pro- gled out small businesses as important latory process, I suggest we should con- posed rulemaking is issued and that entities deserving early participation sider changing our definition of work- other affected interests do not have in the regulatory process. I believe the ers. These men and women are work- this special treatment. In response to specific requirements for input, as ar- ers, and their voices are as critical to this concern, let me quote several find- ticulated in the amendment, are whol- the process as are, for example, the ings from the July 1994 ‘‘Small Busi- ly consistent with existing statutes, voices of a 20,000-plus member labor ness Forum on Regulatory Reform— various Executive orders, and countless union. Findings and Recommendations of the studies and reports that require or rec- The second issue I want to clarify is Industry Working Group:’’ ommend small business collaboration that a post-regulation survey may be a The work groups clearly felt that early in the process. And, as evidenced by burden on an agency. I strongly sup- communication and input from small busi- the agency working groups in the small port efforts to reduce the paperwork ness owners and other stakeholders would be business forum on regulatory reform, burden on all Americans, including our key ingredients in the achievement of the federal agencies. Relative to this sur- dual objectives of participation and partner- early participation has a beneficial im- ship.... Many agencies track in-house, by pact on the relationship of the stake- vey, I cannot believe that agencies are computer, the progress of all proposed regu- holders and the Federal Government. disinterested in how their regulations lations which have reached the drafting I believe I speak for millions of small are working. We, in Congress, certainly stage. Each agency presently prepares and business men and women when I say receive enough inquiries requesting re- submits to OIRA a regulatory agenda every that a ‘‘partnership’’ with their gov- visions to various regulations to know six months which includes all regulations ernment is what they are after, not the that some regulations need changes. proposed by the agency. present ‘‘adversarial’’ relationship. Let And, we certainly know that small Much discussion and deliberation took businesses find complying with mul- place in the work groups regarding the ear- us not be afraid to change the present liest date at which input should or could be system—we know it is not working at tiple regulations imposes an incredible solicited from stakeholders affected by a its optimum. If we need to change the burden on them because a company of proposed regulation. At any given moment entire system so other affected mem- 25 employees must comply with most in time, there may be hundreds of ideas and bers of the public have a means of voic- of the same regulations as a company concepts afloat in an agency. To solicit input ing their particular concerns early in of 1000 employees: this costs time and at the very inception of the idea would im- the process, then let us do it. Let us money a small company often does not pose too much of a burden upon the agency have. and the small business community. Often not, however, be fearful that early one, two or even more years pass while a reg- input or early participation by small To better understand the impact of a ulation is in the development stage, sup- businesses is detrimental to the proc- major regulation on small entities, a porting information is being gathered and ess or gives them an unfair advantage. survey will provide vital information analyses are being made. At the same time, Early participation is already sup- as to how well it is working and wheth- waiting until a regulation has been drafted, ported as one of the best ways to ad- er there are ways to adjust the regula- and a notice of proposed rulemaking [NPRM] dress potential problems. tion to meet changing circumstances has been published in the Federal Register, It was my intent, and the intent of or needs. Why should such a survey be may result in the loss of the opportunity for a burden or incur a frightening sce- stakeholders to provide meaningful input those who cosponsored this measure, to early enough in the process. provide a much-needed mechanism for nario to an agency? The agency does not have to be involved with the survey Let me emphasize, the working two federal agencies to be able to address what they, themselves, have al- —it will hire a firm to conduct the sur- groups—which included participants vey and provide its findings. And, there from the Environmental Protection ready recognized as a deficiency in the present system: The need for early is nothing in this amendment that Agency and the Department of Labor— mandates a small business must re- met in multiple sessions over a 3 input for information and discussion purposes to make the process more ef- spond to a survey or that the agency month period of time. A total of 70 must adhere to any of its findings. In Government representatives partici- ficient and effective. I am pleased that this principle of fact, from all of the information I have pated in the work sessions. The report received from the New Mexico Small stated that although the interagency reaching out to affected citizens is one with which we seem to all agree. I sug- Business Advocacy Council—which I groups worked independently, their re- established 2 years ago—and other ports reached similar conclusions: gest, therefore, that if this mechanism works as we all believe it will, that it small business suggestions, small busi- Their similarity suggests that the prob- may just have a positive impact on the nesses would love the opportunity to lems facing both small business owners and provide an assessment of how a regula- the agencies in the regulatory process may way all regulations are developed in be universal, extending across industry and the future, for all of our citizens who tion is working, either pro or con. agency lines. The groups all agreed that a wish to make things work more effi- Mr. President, I and others have been comprehensive, multi-agency strategy, with ciently and effectively. The bottom listening to the men and women in our

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10395 States who have said there is a prob- criticisms in the way that the Environ- that some of these representations lem with the regulatory process. In ef- mental Protection Agency presently were true. Now, we do not believe that fect they have been telling us in every conducts its risk assessments during the latest Kerry-Glenn proposals are possible way they can that they need rule promulgation. right. They not only do not address our to be a participant in this process; they As a result of this activity, I sought offers made on Tuesday, which were would like to offer suggestions that and got an amendment during reau- made to meet both side’s concerns, in will make regulations work better; thorization of the Safe Drinking Water words that we thought we had agreed that they have some common sense Act last year that would have required on in the meetings; but then their suggestions that can make the regu- regulations issued under that act to be counteroffer significantly expands the latory process a participatory one. But, based on the best available peer-re- areas of disagreement by adding new there is no mechanism that provides an viewed science. Such good science was issues. That is what we have been informal way of getting their message clearly needed with regard to the oper- going through the whole time. We get out. Everything is complicated. Every- ation of the Safe Drinking Water Act. to where we think we have it, and the thing is rigid. And, nobody cares. For example, EPA has consistently next thing you know, 10 more issues We are offering a possible solution so proposed a minimum contaminant are on the table. that the voices of millions of men and standard for radon in drinking water Let us worry a little more about the women-owned small businesses can be which could cost water systems upward American people. This bill takes care heard. We are offering a mechanism for of $12 billion in capital cost alone, even of providing that the best science will a question and answer survey to be though EPA’s own Science Advisory be applied, and that the right decisions conducted that may provide some Board criticized that standard for not will be made, and that the bureaucracy meaningful insights as to how regula- focusing limited resources on more im- will have to be accountable for the first tions, including, for example, how portant risks. time in the history of this country. health and safety standards can be bet- My good science amendment was a This is one of the most important bills ter implemented. specific remedy in one law. But I be- in the history of this country because I am proud of this amendment. I do lieve that there is an urgent need for it means getting the status quo, the not believe the majority of Americans realistic and plausible exposure sce- overwhelming, unthinking bureauc- are fearful of this approach; it is an in- narios and sound science in all risk as- racy, off of our backs and makes them ventive one that we hope is responsive sessments. I am pleased, therefore, become more responsible to issue good to legitimate concerns. that the Dole bill requires that risk as- regulations, rather than bad, based I believe the revisions worked out sessments be based only on the best upon the best science available. prior to the amendment’s acceptance available science, a basic requirement It gets the American public from un- helped clarify its intent. I hope we can which has been sorely needed for far derneath the horrendous burden of un- wholeheartedly embrace this innova- too long. necessary, silly, and dumb regulations. tive approach to ‘‘hearing’’ from our I yield the floor. If there is a funeral, to use the meta- American men- and women-owned The PRESIDING OFFICER. Who phor used by one of my colleagues, it is small businesses. Their voices—their yields time? ‘‘a funeral for common sense’’ if we do counsel and advice—can help make our Mr. HATCH. How much time is left? not pass this bill. If there is a funeral regulatory process more responsive and The PRESIDING OFFICER. The Sen- on the other side of that quotation, workable. Everyone will benefit. ator from Utah controls 8 minutes. The then it is the celebration of the status SOUND SCIENCE AND RISK ASSESSMENT Senator from Ohio has 4 minutes. quo. I would have to say that most of Mr. DOMENICI. Mr. President, I Mr. JOHNSTON. Will the Senator the opponents of this bill have not even would like to register a small histor- yield me 2 minutes? read it. They could not have read it ical footnote during the debate on the Mr. HATCH. I would like to yield the and made some of the comments that regulatory reform bill. During consid- last 2 minutes to the distinguished they made. eration of the Clean Air Act Amend- Senator from Louisiana, if I can. First, We have tried and we have worked ments in 1990, Senator DOLE and I I will yield myself all but the last 2 started to ask questions about how the minutes. I would like to have notice very, very hard to bring people to- Environmental Protection Agency did when 6 minutes is used. gether. We have been criticized—Sen- risk assessments and what those risk I really have to say that I am very ator ROTH and I, in particular—we have assessments meant. upset right now with some of the argu- been criticized by people on both sides We and many of our colleagues were ments that I have heard from the other of the aisle. Our goal is to bring to- surprised, and somewhat incredulous, side, because they could not have read gether the best bill we can, that will as we learned that these risk assess- this bill, could not understand the con- stop some of the overregulatory killing ments involved unrealistic assump- cessions that we have made time after that is happening in this country tions about human exposure and overly time, day after day, meeting after today. conservative assumptions multiplied meeting, hour after hour, and make the We think we are there. That does not by other overly conservative assump- statements that were made today. mean if we invoke cloture that we will tions. I still refer with wonderment— Some on the other side are so worried not continue to work to try and satisfy and I know Senator DOLE does this as about subjecting the bureaucracy to our sincere colleagues on the other well—at the so-called mythical man too many ‘‘hoops,’’ that they forget the side, not the least of whom is Senator standing at the fenceline breathing a American public out there and how GLENN, who has worked very hard to pollutant continuously for 70 years, many hoops they have to jump try and resolve this. I know he is very never bothering to leave for work or to through. dedicated, and sincerely so, to resolve raise a family—or even move 20 feet Let me tell you, we are being regu- these problems. There are a number of away. lated to death in this country. What others who are as well, and I want to As a result of this inquiry, we estab- about the hoops that the American pay tribute to them. lished under the Clean Air Act a Com- citizens have to jump through because This is a key vote for small business. mission on Risk Assessment and Man- of a bureaucracy inside this beltway Every small businessman in the coun- agement to advise the Congress and the that does not consider their needs and try has to be watching this vote. I have administration on appropriate prin- enacts silly, stupid, dumb regulations to say even harmonized reg flex has ciples of risk before the residual risk that are wrecking our country. On this cost-benefit criteria. We have done so section of the air law takes effect. We bill, we have had it with some in the much to try and make this bill accept- also commissioned the National Acad- media, who continue to completely able to both sides. I think it should be emy of Sciences to do a report on cur- misrepresent, in the most despicable acceptable. We will continue to work, rent risk assessment practices. That way, what this bill means. but I think we need to invoke cloture. report, entitled ‘‘Science and Judg- I assure you that we would not have It seems to me the time is now. We ment in Risk Assessment,’’ was issued some of these Senators voting for clo- have waited long enough. Frankly, it is last year, and contained a number of ture today if they thought for a minute time to do this.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10396 CONGRESSIONAL RECORD — SENATE July 20, 1995 The other side is so worried about bility judicial decisional criteria, and, litigation. Glenn/Chafee contains a workable subjecting the bureaucracy to too as stated above, the limiting of the rea- review process. In the interest of com- many hoops. What about the American sonable alternative requirement to a promise, the attached amendments would public? What about the hoops that the few options. The raising of these new modify the Glenn/Chafee review process in order to provide for judicial review of the American public has to go through to issues contravenes our understanding agency schedule and for review of major free- satisfy the horrendous burden of regu- that we had just a limited universe of standing risk assessments. Your proposal to lation? four items—decisional criteria, judicial accept the Glenn/Chafee action-forcing rule- If this is a funeral for common sense review, sunset, and petitions—to nego- making provision, as opposed to an auto- and a celebration of the status quo, tiate. Obviously, we cannot continue matic sunset, is an important, positive step. most of the opponents of this bill have these negotiations forever; we have al- It does not, however, address our concerns never read it. ready in good faith made over 100 sig- about the new petitions and the review proc- We believe that the latest Kerry- nificant and technical changes to the ess. Glenn-Levin proposals not only do not Second, our July 19 offer included cost-ben- bill. efit analysis, but not a new and inflexible address our offer made Tuesday in good CHANGES WE ARE PROPOSING TO S. 343 decisional criteria. While your counteroffer faith to meet that side’s concerns, but First, judicial review. Language is proposed a revision to the decisional criteria significantly expands the areas of dis- changed in section 625 to clarify that that we are willing to consider, continuing agreement by adding new issues. there is no independent review of the concern about the effect of decisional cri- First and foremost, the proposal to procedures of the bill, but that judicial teria recommend that we discuss this issue strike the decisional criteria section further before making any final decisions. review will be of the rulemaking file as Third, with regard to judicial review and and replace it with a certification proc- a whole under an ‘‘arbitrary and capri- ess is unsatisfactory. The decisional unwarranted litigation, we propose a vari- cious’’ test. ation on standards for judicial review. The criteria section is at the heart of Dole- Second, decisional criteria. Further elimination of the interlocutory review lan- Johnston because it is the mechanism language is suggested to clarify that guage in Dole/Johnston sec. 625(e) is a good that both sets the standard for cost- there is no supermandate in the step, and we assume this includes the elimi- benefit analysis and assures that the decisional criteria section; and adopt nation of the Reg Flex interlocutory appeal analysis is done by the agencies. We be- the greater-net-benefits test. provisions. Also, the elimination of the ‘‘sub- lieved that their side had agreed to the Third, section 553(1) petition. Strike stantial support’’ language in Dole/Johnston sec. 706(a)(2)(F) is a welcome change. concept of a decisional criteria section, language providing for petition of in- but that the language of the standard Fourth, on the subject of special interest terpretive rules and guidance docu- issues, while we continue to believe that it needed to be negotiated. Their proposal ments. should not be included in the legislation, we to strike this section constitutes the Fourth, section 623 petition—agency are certainly willing to discuss the Toxic Re- most significant area of disagreement. review. Add requirement that the lease Inventory. We remain equally con- Other significant areas of disagree- court, to the extent practicable, shall cerned with the other special provisions we ment include their proposal to limit consolidate petition review in one pro- have identified, as well. the reasonable alternatives that an ceeding. Finally, important issues not addressed in agency must disclose in a rulemaking your July 19 letters include a limitation on Fifth, reg flex. Amend section 604, ‘‘reasonable alternatives,’’ a future effective to three or four. While the number of subsection (c) of title 5 to change the options for a particular rulemaking date, a limitation on extension of deadlines, standard to one of compliance burdens. the number and scope of rules covered under may be small, in certain circumstances Sixth, substantial support test. the law, and revisions to the Regulatory it may be greater, and disclosure of all Strike substantial support test in sec- Flexibility Act. The specific language and/or relevant options is necessary for effec- tion 706. filed amendments for each of these issues is tive public participation in the rule- Seventh, sunset. Adopt language of contained in the Attachment. making process and for judicial review. Glenn-Chafee substitute on sunset. While we are pleased to see progress on key We also object to the elimination of I ask unanimous consent to have regulatory reform issues, each of these issues is part of a package. We are not able to ac- the petition processes. The right of the printed in the RECORD a letter and at- American people to petition their gov- cept proceeding with any of these as indi- tachment on this subject. vidual amendments without addressing the ernment is a fundamental constitu- There being no objection, the mate- package as a whole. We hope you will look tional right. We believe that Congress rial was ordered to be printed in the closely at this letter and the attached lan- has a duty to assure the efficacy of this RECORD, as follows: guage, and respond to us. Working together right. Consequently, we object to the in this way, we are confident that we can de- U.S. SENATE, deletion of these provisions from S. 343. Washington, DC, July 20, 1995. velop a regulatory reform proposal that can be accepted by the vast majority of our col- As to eliminating the petition for re- Hon. ORRIN G. HATCH, view of a major rule, we believed that Chairman, Committee on the Judiciary, Russell leagues. We look forward to hearing from we had already reached an agreement Senate Office Building, Washington, DC. you. Sincerely, to keep this provision as part of the Hon. WILLIAM V. ROTH, Jr., Chairman, Committee on Governmental Affairs, JOHN GLENN, agency review of rules section and are CARL LEVIN, disappointed and somewhat surprised Hart Senate Office Building, Washington, DC. JOHN KERRY. at your suggestion to eliminate it. As Hon. J. BENNETT JOHNSTON, to the section 553(l) petition process for Ranking Member, Committee on Energy and SPECIFIC LANGUAGE, 7/20 RESPONSE TO 7/19 nonmajor rules, the suggestion to Natural Resources, Hart Senate Office ROTH/HATCH AND JOHNSTON LETTERS strike this subsection will render this Building, Washington, DC. 1. Decisional criteria. longstanding APA petition process vir- DEAR ORRIN, BILL AND BENNETT: We have A. Discussion needed on decisional criteria tually useless. This is because the sec- received your letters dated July 19, and are standards and relation to underlying stat- tion 553(l), for the first time, estab- pleased to see progress on several of the key utes. lishes an 18-month time limit for agen- regulatory reform issues. As you know, how- B. Limit alternatives agencies must con- ever, our July 18 list of major issues was a sider to a limited number of alternatives. cies to answer the petitions. The lack package, and several of our key issues were C. Strike regulatory flexibility decisional of a time limit has rendered the not addressed in your letters. criteria and replace Regulatory Flexibility present APA petitions moribund. Attached is a list of amendments we need Act judicial review (Glenn Amendment Other significant areas of disagree- included in our package of amendments. #1656). ment with their most recent proposal This list represents a revision of our July 19 2. Litigation opportunities. includes striking TRI, the Delaney proposed amendments. The major issues are A. Strike petition processes (Levin Amend- Clause reformation, and the section as follows: ment #1648): 707, the consent decree reform provi- First, we cannot accept a bill that provides On page 11, strike lines 5 through 19. new opportunities for litigation, or delays or On page 12, strike lines 9 through 12. sion. stops needed health, safety, or environ- On page 59, strike line 10 and all that fol- Furthermore, new issues have been mental protections. We have always opposed lows through page 60, line 23. raised for the first time which makes the new judicially reviewable petition proc- On page 44, strike line 14 and all that fol- closure even more difficult. These in- esses contained in Dole/Johnston, which will lows through page 46, line 4. clude weakening the regulatory flexi- result in bureaucratic gridlock and excessive B. Standards for Review:

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10397 Offer—revise D/J s. 625(d): he has been working on it since he has and Hamburger’’ be printed in the ‘‘(d) STANDARDS FOR REVIEW.—In any pro- been here. RECORD. ceeding involving judicial review under sec- I yield to him for a parliamentary in- There being no objection, the article tion 706 or under the statute granting the quiry. was ordered to be printed in the rulemaking authority, failure to comply with this subchapter or subchapter III may Mr. LEVIN. I make the parliamen- RECORD, as follows: not be considered by the court except for the tary inquiry, Mr. President, that if clo- OF HELMETS AND HAMBURGER purpose of determining whether the final ture were invoked, are amendments CONGRESS: DECIDING WHAT YOU EAT AND agency action is arbitrary and capricious or which are relevant, according to the BREATHE an abuse of discretion (or unsupported by unanimous consent, in order or out of Soon after Lori Maddy moved into her substantial evidence where that standard is order, if, while they are relevant, are Sedgwick County, Kans., farmhouse in 1982, otherwise provided by law).’’ not technically germane. she noticed that wind blowing from the di- Response—substitute the following: The PRESIDING OFFICER. The rel- rection of the nearby Vulcan Chemicals ‘‘(d) STANDARDS FOR REVIEW.—In any pro- plant carried a smell like ‘‘the inside of an ceeding involving judicial review under sec- evant standard is considerably broader than the germaneness standard, so inner tube.’’ So Maddy joined with neighbors tion 706 or under the statute granting the to ask Vulcan what, exactly, it was venting. rulemaking authority, the information con- they would not be in order. The PRESIDING OFFICER. The Sen- None of your business, Vulcan replied. Then tained in any cost-benefit analysis or risk came a 1986 law requiring companies to re- assessment required under subchapter II or ator from Ohio has 3 minutes and 16 port—not stop, just report—their toxic re- III may be considered by the court as part of seconds. leases. Vulcan turned out to be spewing 50 the administrative record solely for the pur- Mr. HATCH. May I make a par- percent of Sedgwick’s total emissions, in- pose of determining whether the final agency liamentary inquiry on my time? Is it cluding carcinogens. Spurred by local out- action is arbitrary, capricious, or an abuse of not true that both sides can agree post- rage, Vulcan voluntarily reduced its pollu- discretion. The adequacy of compliance or tion by 90 percent. ‘‘We felt obligated,’’ says the failure to comply with subchapter II or cloture and add language to the bill? The PRESIDING OFFICER. Only by plant manager Paul Tobias, ‘‘to win back the III shall not be grounds for remanding or in- public’s trust.’’ validating a final agency action, unless the unanimous consent. Mr. GLENN. Mr. President, we all The Toxics Release Inventory (TRI) seems agency entirely failed to perform a required to be a smart way to reduce pollution, but cost benefit analysis or risk assessment.’’ want sensible regulatory reform. I Congress has put TRI and every other federal C. Interlocutory Review: want regulatory reform as badly as health, safety and environment rule in the Offer—strike D/J s. 625(e). anybody here. We have worked on it for crosshairs. The House passed a strong regu- Response—Accept, provided that this in- latory-rollback bill in February. Last week cludes striking the Nunn/Coverdell Reg Flex years in our committee, the Govern- the Senate fought over whether it, too, interlocutory review provisions. mental Affairs Committee, but I want D. Scope of Review: balanced regulatory reform, not regu- would (pick one) ‘‘wage a full frontal assault Offer—strike D/J s. 706(a)(2)(F) re: ‘‘sub- latory reform slanted so much that on the American people and their environ- stantial support in the rulemaking file’’. anybody that objects to a particular ment,’’ as Environmental Protection Agency Response—Accept. chief Carol Browner put it, or ‘‘take the regulation coming out could tie it up heavy hand of the federal government out of 3. Agency review of rules. in courts in judicial review for almost Offer—Replace Dole/Johnston sec. 623(i) people’s lives,’’ as GOP Sen. Olympia Snowe with Glenn/Chafee sec. 625(g) language re: an unlimited period of time. of Maine said. agency initiation of rulemaking to repeal a We have negotiated in good faith on Washington is already well down the road rule. this, back and forth, and I am sorry we to deregulation. Congress is moving to free Response—Judicially reviewable petitions have to go to another cloture vote on the states to raise speed limits and eliminate for review are unacceptable. Substitute G/C this because contrary to what has been the requirement that motorcyclists wear sec. 625 for D/J sec. 623 with changes as pro- said here, we have made a lot of helmets (table). The U.S. Fish and Wildlife posed in 7/19 follow-up to the 7/18 ‘‘Proposed Service wants to exempt small-property progress. We did not have time enough owners from the Endangered Species Act so Package’’, i.e.: to go through all of it. A. Strike sec. 625(c), and insert in lieu they can build on their land even if that thereof: Mr. President, S. 343, the Dole-John- damages the habitat of a rare breed. EPA ‘‘(c) Agency decisions regarding deadlines ston bill, does not fix the problem. It and the Occupational Safety and Health Ad- for review of rules contained in a schedule was quoted a moment ago that Presi- ministration no longer fine first offenders. issued pursuant to subsection (b) shall not be dent Clinton said the American people But the House’s antireg bill, and now the subject (b) shall not be subject to judicial re- deserve a system that works for them. leading Senate version, are much broader, af- view.’’ [COE95.845—p. 18, 1. 4–10]; We do not have such a system today. I fecting anyone who eats meat, drinks water or breathes: B. Strike sec. 625(h)(2) [COE95.845—p. 21, 1. submit that S. 343 does not give that 22–25 as modified]; Meat: Bob Dole, sponsor of the Senate bill, C. Insert a new subsection at the end of balanced system either. wants to deliver regulatory relief this year. sec. 625: The President has taken initiatives But smack in the middle of the Senate de- ‘’(i) For purposes of this section, the term on this and already cut out 1,200 pages bate came news that five children in Ten- ‘‘rule’’ shall include a risk assessment, not of regulation out of 13,000 pages re- nessee had gotten E. coli poisoning, which associated with a rule, that has an effect on viewed. So they are working hard at comes from contaminated hamburger. Such the United States economy equivalent to making corrections. We do not need a outbreaks, say consumer groups, will become that of a major rule.’’ [COE95.845—p. 21]. bill that does nothing but provide regu- even more common if Dole gets his way. In its current form, they charge, the Dole bill 4. Special interest sections—Strike rel- latory favoritism. That is all we can evant sections: e.g., Lautenberg #1574 (TRI), requires federal agencies to prove by exten- Glenn/Levin #1658 (consent decrees), Ken- call this, when they insist on keeping sive analysis that any proposed rule—includ- nedy #1614 (Delaney), and Kennedy food safe- in such things as provisions gutting ing better meat inspection—is the cheapest ty. the toxics release inventory that pro- way to protect the public. Showing that the 5. Other. tects people around plants, and so on. rule’s benefits (avoiding 4,000 deaths, 5 mil- A. Provide for a reasonable future effective That is just not right that we pass lion illnesses and up to $3.7 billion in medical date of 180 days after enactment (Glenn something like that. costs a year) are greater than its cost to in- Amendment #1657). We, in good faith, submitted another dustry ($245 million a year) wouldn’t auto- B. Limit the extension of statutory and ju- proposal this afternoon. We gradually, matically be good enough. Dole disputes dicial deadlines (to allow agencies time to this, but there’s no doubt that under his plan implement new regulatory process require- one by one, as proposals have been sent industry could sue to overturn the rules on ments) to 2 years (Chafee Amendment #1591). back and forth between the two sides, much weaker grounds than current law al- C. Limit the number of rules covered by have worked out a lot of our dif- lows. Dole, says Adam Babich of the Envi- the legislation under the Nunn/Coverdell ferences, and this is one of the most ronmental Law Institute, is trying to solve amendment. complicated bills, one of the most com- ‘‘the problem of too much bureaucracy by Mr. GLENN. I yield such time to the plicated pieces of legislation that we adding bureaucracy. It would flunk its own Senator from Michigan as he may need. can have, because it refers to so many cost-benefit test.’’ The Senator from Michigan came here, aspects of law. It affects every man, Air and water pollution: If the GOP proposals had been law in the 1970s, some regu- and his No. 1 item was to see if we woman, and child in this country. lations on air and water quality might never could not get into regulatory reform. In that respect, I ask unanimous con- have made it. The cost-benefit analysis of He was president of the city council in sent that the article out of this week’s banning lead in gasoline, for example didn’t Detroit and had so many programs, and issue of Newsweek called ‘‘Of Helmets clearly show that it would spare children

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10398 CONGRESSIONAL RECORD — SENATE July 20, 1995 much neurological damage. EPA went ahead tinue this negotiation today. I hope I note that my colleagues have made anyway, and subsequent research shows that our colleagues will not let cloture be the case very well. Those who have pre- the lead phaseout cut blood lead levels far invoked and will vote against it so we ceded me in opposition to this cloture more than EPA expected. The GOP’s new can continue with these negotiations. motion, I think, have made the case plan would also affect existing regs on how much pesticide and fecal bacteria can be in Mr. HATCH. Mr. President, just to that I would simply like to summarize drinking water. Rules would automatically make one point, if we invoke cloture prior to the time we come to a vote. expire every five to 10 years unless an agency tonight, this Senator is going to work The first and most important point is reanalyzed (and, possibly, relitigated) them. with the other side. I know the Senator that this vote is unnecessary. There is Republicans respond with horror stories of from Delaware will. I know the distin- no effort to filibuster. No one is delay- regulators run amok. Some are hyped, but guished Senator from Louisiana will. ing final passage on this bill. No one is many are not. Limits on how much chloro- On all relevant amendments, we will trying to stop us from coming to a conform from paper mills may pollute drinking work on those with them, and what we clusion on this legislation. There has water, they say, cost $99 billion per year-of- life saved. Even Clinton has a bit of regula- can agree on we will put in by unani- been a sincere attempt, by virtually tion-cutting religion; he’s eliminated hun- mous consent. I just want people to un- every Senator involved in this debate, dreds of silly federal rules. But more roll- derstand that. now for several weeks, to try to im- back seems inevitable. Ironically, it’s com- This cloture vote is very, very impor- prove the legislation and accommodate ing at a time when GOP budget cutting— tant. It has a lot to do with whether we the very difficult points that have been EPA is look at a 40 percent hit—will make it will ever get regulatory reform. raised and in many cases resolved as a even tougher for agencies to meet the stiffer I yield the balance of my time to my result of those negotiations. So that is requirements for justifying rules. But maybe colleague from Louisiana. point No. 1; no filibuster. that’s the idea. The PRESIDING OFFICER. The Sen- Point No. 2, there has been, as my REGULATIONS GO ON THE BLOCK ator from Louisiana has 2 minutes and colleagues have indicated, substantial Washington appears determined to review, 20 seconds. progress since the day we began this ef- and in some cases dismantle, health and Mr. JOHNSTON. Mr. President, we fort several weeks ago; substantial safety rules. The results will affect every- have had a lot of talk here on the floor thing from beef to how fast you can drive. progress. Senator KERRY, Senator about good faith and negotiation, and CHAFEE, Senator GLENN, Senator Status quo GOP plan Democratic retort there has, in fact, been good faith and LEVIN, and Senator JOHNSTON on our good negotiation by both sides. Inspectors ‘‘poke and The Senate bill would The GOP plan would side have all indicated that progress, as sniff’’ for spoilage, require the USDA to delay reasonable re- Believe me, Mr. President, the major- a result of these negotiations, has been but 4,000 people a prove that the bene- forms that would ity leader has yielded and yielded and year die anyway. fits of its new in- save hundreds from real. And I think the latest testament USDA proposes more spection system out- dying and millions yielded, and I have given a list of those to the fact that progress is being made scientific methods. weigh the costs. from getting sick things he has yielded. There was some The United States im- The Senate voted to The government esti- is what the Senator from Rhode Island poses a cap of 65 drop all federal mates that up to progress made on the bill. has just announced. As a result of the mph on rural inter- speed limits and let 4,750 more traffic Mr. President, ultimately there are a states and 55 on states set their own deaths could occur efforts in the last 24 hours, he, too, has most others. Motor- caps. Bikers may go each year without few basic differences. Really, three in been able to get additional concessions cyclists must wear bareheaded. federal speed limits number. A lot of small ones, but three helmets. as a result of these negotiations, con- The EPA regulates pol- The EPA would have to Lawsuits could delay basic differences on this bill that concessions that would not have been lutants from lead in choose the cheapest new regulations for stitute a wide chasm and a wide gulf. gasoline to fecal way to reduce pollu- years, and even ex- made were we not at this point in this bacteria in water. tion risks. Industry isting rules would Now, the first is whether we can deliberative process, concessions that Cost is secondary or could then challenge be vulnerable to question existing rules. I have heard it not considered at all. the rules in court. court challenge we have been talking about now for Department of Trans- Federal officials would Detroit always chal- said you could. Mr. President, let me some time. So, with each stage in the portation’s design have to submit all lenges federal safety read what the Glenn substitute says. and safety stand- past and future rules; under the GOP development of this debate, additional ards, including air- safety rules to a de- bill it would prevail The Glenn substitute says, ‘‘The head progress has been made up until this bags and crushable tailed cost-benefit more often, and of the agency, in his sole discretion, front ends, save analysis. more lives could be very afternoon. lives. lost picks what is to be reviewed.’’ In his Point No. 3, from the outset we have sole discretion. When you get around laid out some principles that we say Mr. GLENN. Mr. President, it details to a review, it says, ‘‘judicial review of are essential to a good bill. They are some of the problems involved, and I the agency action taken pursuant to very simple. wish we had time to read it in the these requirements shall be limited to First and foremost, we have to have RECORD. It puts it very well, that what review of compliance or noncompliance a bill that does not roll back laws that we are doing here is not only providing with this section.’’ You review at the have provided cleaner air, purer water, regulatory reform if we pass the Dole- sole discretion of the head of the agen- and safer food. Johnston bill, we are providing the pos- cy. Second, we will not support a bill sibility of rolling back health and safe- Now, Mr. President, if that is a right loaded with special interest fixes. ty laws developed over the last 25 years to challenge an existing regulation, Third, we will not have a bill that re- that have proven invaluable, have pro- then I am not a U.S. Senator, because, sults in an avalanche of litigation from vided for better health, have provided Mr. President, it is no right at all. It is hundreds and hundreds of lawyers. for better safety for our own citizens. business as usual. That is it. Those are our principles. We do not want to take a chance of The head of the agency has that dis- We are guided by those and it is in that rolling that back. cretion right now. If you want to keep effort to maintain our allegiance to The bill that I proposed, known as things exactly as they are, then vote those principles that we continue to the Glenn-Chafee bill, was one that hit against cloture. I say vote for the negotiate in good faith. I believe those a real balance. We provided redress for Glenn amendment. We have already concerns have not yet been adequately these regulatory excesses, and we all voted for the Glenn amendment once addressed. I believe equally as strong- agree that there are regulatory ex- and it went down. It constitutes the ly, though, that we can get there. I be- cesses. They are all over the place. We bureaucrats preservation act, because lieve the Glenn-Chafee bill would have hear about these every time we go back it keeps things exactly as they are. gotten us there, and 48 Senators agreed home. Mr. President, we can make more with us on that matter. But most im- We correct them, but we correct progress in negotiation if cloture is portant in the statement, I want to them in the right way, providing a voted, but unless we have an end to emphasize right this minute: We are process that cannot be used to override this process, Mr. President, there is an willing to continue to go into that the system, cannot be used to overflow end to this bill. I believe strongly in room, continue to work, continue to the system, cannot be used to swamp this bill. I hope we will get cloture. I work out the differences, as has been the system. hope we can get an act passed. the case now for several days. That is what S. 343 has the potential Mr. DASCHLE. Mr. President, I un- Finally, let me make a point about of doing. We want regulatory reform. derstand that all time has expired, so I the issue raised by the distinguished We want regulatory reform as badly as will use part of my leader time to com- Senator from Michigan. If, indeed, we anybody. I am sorry we cannot con- ment briefly on the pending resolution. are going to come to closure on this

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10399 bill, one of the most important things proposed by some of my colleagues, we Bob Dole, Christopher S. Bond, Bill Roth, we have to do is ensure that those Sen- would not have regulatory reform. We Frank H. Murkowski, Rod Grams, John ators who have amendments that are would satisfy the bureaucracy, which is Ashcroft, Spencer Abraham, Craig Thomas, relevant but not germane can be pro- apparently what some wish to do. The Pete V. Domenici, Bill Frist, Fred Thomp- son, Mike DeWine, Thad Cochran, Larry E. tected. Regardless of whether or not we Senator from Louisiana just read a Craig, Bob Smith, Chuck Grassley. come to closure in the next couple of piece of the Glenn bill, ‘‘in sole discre- days on this bill, it is very important tion.’’ They make the determination. f that those who want to make addi- So I hope my colleagues will under- CALL OF THE ROLL stand, we have a lot of work to do this tional contributions to this legislation, The PRESIDING OFFICER. Under to try to improve the bill with or with- year. In fact, we just voted earlier today on an amendment, I think it had the previous order, the mandatory out negotiations that may or may not quorum call has been waived. come to any fruitful conclusion, they regulatory reform in it. I think the ought to be protected in their right to vote was 91 to 8—91 people voted for f offer those amendments and have them this broad bill that had regulatory re- VOTE successfully debated and ultimately form, tax reform, grazing reform, all voted on. A vote against cloture en- the reforms we could think of; 91 to 8 The PRESIDING OFFICER. The sures that they will have that right, voted for it. So there ought to be 91 question is, Is it the sense of Senate and I think it is very, very important votes for cloture. that debate on the amendment num- that everyone understand that. I just hope my colleagues—we have bered 1487 to S. 343, the regulatory re- So, I think, in essence, the message made a lot of progress. Every Repub- form bill, shall be brought to a close? is very simple. A vote against cloture lican will now vote for cloture. That is The yeas and nays are required under is a vote for progress, progress that has up from about 49; now it is 54. But we the rule. been demonstrated over and over again cannot get there alone. I tell the Amer- The clerk will call the roll. as we have resolved these differences ican people, we cannot have regulatory The legislative clerk called the roll. and as we continue to work for final reform without at least a half dozen on Mr. PELL (when his name was passage, as we continue to guarantee the other side. It is not possible to sat- called). Mr. President, on this vote, I that the principles we laid out at the isfy the concerns of some. It is never have a pair with the senior Senator very beginning can be protected. possible in any legislation. from Hawaii [Mr. INOUYE]. If he were I am optimistic that we can achieve I do not know what a filibuster is, present and voting, he would vote that. I believe we can continue to work but it seems like after a couple of ‘‘nay.’’ If I were permitted to vote, I in good faith to accomplish what re- weeks we ought to make some deci- would vote ‘‘aye.’’ I, therefore, with- mains. And I believe voting against sions. There are a lot of amendments hold my vote. cloture today is the fastest way to get filed, relevant, germane. There are still The PRESIDING OFFICER. Are there there. opportunities to improve this bill after any other Senators in the Chamber I yield the floor. cloture is invoked. Some of these who desire to vote? The PRESIDING OFFICER. The ma- things, in my view, we ought to just The yeas and nays resulted—yeas 58, jority leader. say, ‘‘If we cannot reach an agreement, nays 40, as follows: Mr. DOLE. Mr. President, I will just there ought to be an up-or-down vote.’’ [Rollcall Vote No. 315 Leg.] take a minute or two because I know We would win some, the other side YEAS—58 we have had a lot of debate here and we would win some, but at least we would Abraham Gorton McConnell have had a lot of negotiations. In fact, have some resolution. Ashcroft Gramm Murkowski we have been negotiating since April. So I urge my colleague, particularly Bennett Grams Nickles on the other side of the aisle—and I Bond Grassley Nunn This is about the 10th day now on this Breaux Gregg know you are under extreme pressure. Packwood bill. Brown Hatch Pressler I think what we have forgotten—we I know the little sweatshop is working Burns Hatfield Roth keep talking about we have to satisfy right outside the corridor here. I know Campbell Heflin Santorum Chafee Helms Shelby this Senator, that Senator—somewhere there are a lot of people coming out Coats Hutchison Simpson out there some small business man or there with arms that are hurting. Cochran Inhofe Smith Some have slings. I know the pressure Cohen Jeffords woman or farmer is saying, what are Snowe is great, all the way from the White Coverdell Johnston these people doing in the U.S. Senate? Craig Kassebaum Specter We have been on this bill 10 days. We House, the President, the Vice Presi- D’Amato Kempthorne Stevens had about 2 weeks of negotiation before dent, every bureaucrat in town is con- DeWine Kyl Thomas that. We have made over 100 changes. cerned about this bill because they do Dole Lott Thompson Domenici Lugar Thurmond When do we stop? When we satisfy not want it to happen. Faircloth Mack Warner every liberal Senator on the other side I think it is time we just, in the next Frist McCain 20 minutes, think about the American of the aisle? Then you could not find NAYS—40 the rest of us voting for it. people during the vote—people in Kan- sas, Rhode Island, Georgia, Virginia, Akaka Feingold Lieberman I note in the latest offer they made Baucus Feinstein Mikulski they say, ‘‘We are not able to accept New York—wherever. So, before we Biden Ford Moseley-Braun proceeding with any of these as indi- cast our vote—Oregon. Anybody else Bingaman Glenn Moynihan vidual amendments without addressing who is here. We are all one big country. Boxer Graham Murray Bradley Harkin Pryor the package as a whole.’’ So you take It is going to be one big vote. Bryan Hollings I thank my colleagues. Reid this package, then tomorrow you will Bumpers Kennedy Robb Byrd Kerrey have another package, oh, just four or f Rockefeller Conrad Kerry Sarbanes five more things we thought of or the CLOTURE MOTION Daschle Kohl Simon staff thought of or the administration Dodd Lautenberg The PRESIDING OFFICER. Under Wellstone thought of or the bureaucrats thought Dorgan Leahy the previous order, pursuant to rule of. Exon Levin XXII, the Chair lays before the Senate It is one thing to say we are for regu- PRESENT AND GIVING A LIVE PAIR, AS the pending cloture motion, which the latory reform. But we are not going to PREVIOUSLY RECORDED—1 have it unless we have cloture. So the clerk will state. The legislative clerk read as follows: Pell, for moment of truth is about to arrive. The moment of truth is about to ar- CLOTURE MOTION NOT VOTING—1 rive. I have heard all the speeches. I We, the undersigned Senators, in accord- Inouye ance with the provisions of rule XXII of the have listened to the speeches. I suppose Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this everybody wants some vague regu- move to bring to a close debate on the Dole- vote, the yeas are 58, the nays are 40. latory reform. But by the time we Johnston substitute amendment to S. 343, Three-fifths of the Senators duly cho- adopt every amendment we have had the regulatory reform bill: sen and sworn not having voted in the

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10400 CONGRESSIONAL RECORD — SENATE July 20, 1995 affirmative, the motion is not agreed Murkowski Robb Simpson protect the bureaucracy. We cannot Murray Rockefeller Snowe to. Pell Sarbanes Stevens have the bureaucracy overworked in Mr. REID. Mr. President, I move to Pryor Simon Wellstone Washington, DC. That is what we have reconsider the vote. heard for the last 3 days. NOT VOTING—1 Mr. LEVIN. I move to lay that mo- Not many people in Russell, Kansas, Inouye tion on the table. are worried too much about the bu- The motion to lay on the table was The motion to table the amendment reaucracy in Washington, DC. They agreed to. (No. 1808) was agreed to. have never seen it, most of them. They Mr. DOLE. Mr. President, I move to have felt it in their wallets, and they f reconsider the vote by which the mo- feel it when they open up their little LEGISLATIVE BRANCH APPRO- tion was agreed to. business, and they feel it when they go PRIATIONS FOR FISCAL YEAR Mr. GRAMM. I move to lay that mo- out of business, and they feel it on the 1996 tion on the table. farm, and they feel it on the ranch, and The motion to lay on the table was they feel it all across America. But The Senate continued with the con- agreed to. they cannot have regulatory reform be- sideration of the bill. f cause we cannot get the cooperation. The PRESIDING OFFICER. The Sen- Everything in this Senate needs 60 ator from Florida. COMPREHENSIVE REGULATORY votes. To get 60 votes, you end up with Mr. MACK. I would like for the REFORM ACT nothing. I do not believe that is what RECORD to indicate that my colleague The Senate continued with the con- the American people expect us to do. from Nevada, Senator REID, joins me in sideration of the bill. We can hold our heads high, those of the tabling motion. Mr. DOLE addressed the Chair. Mr. DOLE addressed the Chair. The PRESIDING OFFICER. The ma- us who voted for cloture. We can look The PRESIDING OFFICER. The majority leader is recognized. the small businessman in the eye, and jority leader. Mr. DOLE. Mr. President, I want to we can look the rancher in Montana in Mr. DOLE. Let me indicate to my thank my Republican colleagues and the eye, or wherever he may live, and colleagues this will not be the last vote four of our colleagues on the other side say we did our best, we tried once, this evening because we will try to fin- who voted for regulatory reform and twice, three times. We were told, oh, ish the legislative branch appropria- congratulate those who stuck together nobody is delaying this bill; we do not tions this evening and then later on in to bury it. It seems to me they have want to delay this bill, and we are all the evening, much later on in the been successful. for regulatory reform—until a vote evening, we will take up the rescissions I will just say, we thought we made a came. bill. When everything else is done, good effort. There is always more and Mr. President, I do not know—I think nothing else is left to do, we will take more and more, and maybe this is all a I know what the final outcome is. I do it up. way to keep the bill from going to the not want to cause any anxiety for my friends on the other side, but I thank VOTE ON AMENDMENT NO. 1808 White House where the President indi- Senator BREAUX and Senator HEFLIN The PRESIDING OFFICER. The cates he would veto it. and Senator NUNN for their votes, be- question is on agreeing to the motion We have had months of negotiation, cause I know the pressure was great, to table the amendment to H.R. 1854 of- hundreds of changes, 10 days of consid- intense, and steady. fered by Mr. HOLLINGS. The yeas and eration, and then we are told, ‘‘Oh, we nays have been ordered. The clerk will just need more time.’’ Either we are for I assume we could have put together call the roll. regulatory reform or we are not. We a package that would have gotten 100 The bill clerk called the roll. cannot satisfy everybody in the Cham- votes. It would not have been worth Mr. FORD. I announce that the Sen- ber, and those people made their anything, but we could have said we all voted for regulatory reform. Particu- ator from Hawaii [Mr. INOUYE] is nec- choices. essarily absent. After the vote, people said, ‘‘Oh, we larly, Senator ROTH and Senator The PRESIDING OFFICER. Are there just need to negotiate more. Let’s just HATCH, and others on this side, have any other Senators in the Chamber have some more negotiations.’’ worked so hard to try to bring it to- who desire to vote? The truth is that our bill largely gether. But I think there is a little bit The result was announced—yeas 54, tracks President Clinton’s Executive of principle left in this argument. We nays 45, as follows: order but has one important difference. would like to think that we have at least 58 votes. That is 58 percent of the [Rollcall Vote No. 316 Leg.] This bill will ensure the requirements are actually carried out. Senate that would like to have regu- YEAS—54 I particularly want to commend Sen- latory reform. Eighty-eight percent of Abraham Faircloth Mack the American people would like to Ashcroft Feingold McCain ator JOHNSTON for his work, and his Baucus Frist McConnell tireless efforts. He came to me—it have it. But we cannot get it because Bennett Gorton Moseley-Braun seems like months ago now, but I guess we are short 2 percent. Two percent of Brown Graham Nickles it was just weeks—and he said, ‘‘We are the Senate is denying about 85 or 90 Bryan Gramm Nunn percent of the American people regu- Burns Grams Packwood not going to get anywhere unless we Chafee Gregg Pressler make some changes in this bill.’’ So we latory reform. Coats Harkin Reid set about to make changes. Today, all That is a right we all have. We have Cochran Hatfield Roth all been through it. Some of us have Coverdell Helms Santorum across America—I do not have a copy— Craig Hutchison Shelby we are being flooded with statements been on the other side. I do not know of D’Amato Inhofe Smith by the Democratic National Com- any more important bill than this one. DeWine Kassebaum Specter mittee on this vote about how Senator But I think the dye has been cast. I am Dole Kempthorne Thomas Domenici Kyl Thompson DOMENICI is for dirty meat, and Sen- willing to entertain any legitimate Dorgan Lott Thurmond ator WARNER and somebody else is for concerns, but no more of these four or Exon Lugar Warner dirty meat. They mixed it up a little, five pages that say at the end, ‘‘we are NAYS—45 depending on where you live. It has a not able to accept proceeding with any Akaka Conrad Johnston little cartoon there with our pictures of these individual amendments with- Biden Daschle Kennedy in the middle. Very nicely done. out addressing the package as a Bingaman Dodd Kerrey I think that has been the purpose whole.’’ Then I assume that if this were Bond Feinstein Kerry addressed, there would be another one Boxer Ford Kohl right along—to try to get a campaign Bradley Glenn Lautenberg issue. Forget about the farmers and ready. They are endless. Breaux Grassley Leahy ranchers in Montana, or Kansas, or So I regret that we have failed the Bumpers Hatch Levin Virginia, or somewhere else. Forget American people—again. But there will Byrd Heflin Lieberman Campbell Hollings Mikulski about the small businessmen and be other opportunities. I, again, thank Cohen Jeffords Moynihan women all across America. We have to my colleagues on this side of the aisle

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10401 for being 100 percent for regulatory re- through that frustration that we must cretionary on the part of the agency form. One hundred percent. You cannot work to accomplish what I believe we head as to whether there would be any get any better than that. all truly want—a good bill, a bill that rule on the schedule. Whereas, in con- Mr. DASCHLE addressed the Chair. can bring us an ultimate resolution on trast, in the Governmental Affairs The PRESIDING OFFICER. The mi- something that we all recognize we Committee bill, every rule had to be nority leader is recognized. need. reviewed in a 10-year period or it was Mr. DASCHLE. Mr. President, I lis- I yield the floor. terminated. tened with great care to the comments Mr. DOLE. Mr. President, of the 27 So, while a lot of the language was made by the distinguished majority amendments on this side, many of the same, the fact was the thrust was leader. I hope that he will not be dis- them were offered to accommodate re- different, because in one case there couraged. I hope that, given all the quests on the other side, to make the were requirements that cost-benefit be progress we have made so far, we go bill ‘‘better.’’ done, and the other there was not. right back and make some more. I do I do not believe the vote on the Glenn Mr. GLENN. Mr. President, we will not think there is a Senator here who amendment reflected the vote that make an analysis and enter in the would deny that we need regulatory re- came out of the committee unani- RECORD tomorrow what the exact form. But I also think that virtually mously. As I recall listening to the changes were. I do not believe that is a every Senator who has examined this Senator from Delaware, that is not the fair representation of the bill. We will issue has concluded that indeed it was case. It is a different bill entirely. I ask make the entry in the RECORD tomor- one of the most far-reaching, most the Senator from Delaware, am I accu- row after we have had a chance to ana- complex issues we are going to address rate, or have I misstated the problem? lyze both bills, side by side. Mr. ROTH. I say to the distinguished this year. f We have all been around this place. majority leader that what we voted for We all know that when it comes to in Committee was entirely different LEGISLATIVE BRANCH APPRO- issues with the magnitude we are talk- from what was voted for on the floor in PRIATIONS FOR FISCAL YEAR ing about now, it is not something you the Glenn substitute. The Glenn sub- 1996 pass on a Tuesday afternoon. I can re- stitute was toothless. Take, for exam- The Senate continued with the con- call having come here several years ple, the lookback. The lookback was sideration of the bill. purely discretionary on the part of the ago and spending more than a month AMENDMENT NO. 1825 agency head. In our legislation, every on the Clean Air Act. We spent a (Purpose: To ensure equal opportunity and month. We negotiated and we said we rule had to be reviewed in 10 years, or merit selection in the award of Federal do not know that there is ever going to it expired, terminated. contracts) So it is totally false to say that it be a chance to make anymore progress. was the same legislation. Mr. GRAMM. I hate to bring this de- Lo and behold, we stuck to it because Mr. GLENN. Mr. President, what I bate to a close, but let me send an the leaders on both sides said we had just heard here just does not happen to amendment to the desk and ask for its to, and what do you know, we did it. be the truth. It does not square with immediate consideration, and I ask I remember Senators on the other the facts. that the complete amendment be read. side last year talking about how we What we brought to the floor was ba- The PRESIDING OFFICER. The really want health care, but it is just sically the Roth-Glenn bill. It is the pending amendments will be set aside. not yet exactly what we want, so let us same bill with three major changes—A The clerk will report. keep negotiating. We talked until we strict definition of a major rule, $100 The assistant legislative clerk read never got health care, unfortunately. I million a year, no automatic sunset re- as follows: remember talking about the need for view, and simplified risk assessment, The Senator from Texas [Mr. GRAMM] pro- campaign finance reform, and vote which was what the National Academy poses an amendment numbered 1825. after vote on cloture, and people on the of Science recommended. Outside of Mr. EXON. Mr. President, since I other side said we have to have cam- those three things, I think—and I can have the floor, I lost the floor at the paign finance reform, but this is not be corrected—I believe it is largely discretion of the Chair, and I do not the bill. I do not know what their moti- word for word the same thing we wish to delay this matter a great deal, vation was in voting against cloture on brought out of committee unani- but I do think that the discussion that those occasions. I know a lot on that mously. has taken place between the majority side did not want health care reform, Only those three major items were leader, the minority leader, and oth- and that is a legitimate position. A lot added to the bill that came out of com- ers—— did not want campaign finance reform, mittee. If anyone can show me dif- The PRESIDING OFFICER. Is the and that is a legitimate position. But a ferent, get up on this floor and say Senator seeking to object to the read- lot of people on this side want regu- that. To say that I misstated and that ing being dispensed with? latory reform. We are continuing to I misrepresented the Glenn-Chafee bill Mr. EXON. I believe I was recognized work on this bill because we are not in is just flat not right. It is basically by the Chair in my own right, was I agreement yet. word for word the same as the Roth- not? I believe that we can reach agree- Glenn bill that came out of committee, The PRESIDING OFFICER. The reg- ment. I believe that there is a legiti- with those three changes I just men- ular order is the reading of the amend- mate desire on the part of more and tioned. ment to proceed. more people to try to resolve these out- I want to correct that so we make The Chair recognized the Senator standing differences, to get a bill very sure all Members know that. from Nebraska on the assumption that soon. I just remind all of our col- Mr. ROTH. Mr. President, I do not he might request the reading not pro- leagues, the bill that was defeated 48 to want to extend the debate on this, but ceed. But if the Senator does not rise 52 passed unanimously; Republicans I do want to make it perfectly clear for that purpose—— and Democrats voted unanimously for that there were significant differences Mr. EXON. Would the Chair kindly the bill in the Governmental Affairs between the Glenn substitute offered explain the rules to the Senator? I be- Committee. If it was so bad then, why on this floor and what passed out of the lieve the rules say that when an did every single Republican vote for it? Governmental Affairs Committee. amendment is offered, if the Chair I also remind my colleagues, of the 41 It is a fact that, as far as cost-benefit chooses to recognize someone else, that votes cast so far, 27 of them have been analysis was concerned, the use of it is within the authority of the Chair. Is offered by Senators on the other side. was totally discretionary in the bill that not correct? Only 14 amendments have been offered proposed by Senator GLENN; whereas, The PRESIDING OFFICER. That is on our side. So I do not want to delay in the Governmental Affairs Com- correct, if the amendment has been this thing. I do not want to find any- mittee, it had to be reviewed and in- read in its entirety. The amendment more reasons to delay final passage. cluded as part of the review. was being read when the Senator from Senators on our side are as frustrated When it came to the lookback of Nebraska sought recognition. Recogni- as those on the other side. But it is rules, it was discretionary, totally dis- tion is often sought for the purposes of

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10402 CONGRESSIONAL RECORD — SENATE July 20, 1995 asking unanimous consent that the The PRESIDING OFFICER. The tremely close, if not identical, which I reading be dispensed with, and the Sen- clerk will report. would agree, to what was, I think, ator from Nebraska was recognized The assistant legislative clerk read unanimously passed out of the com- with that in mind. as follows: mittee at one time. I simply say that Mr. EXON. I certainly want to abide The Senator from Washington [Mrs. MUR- we are not nearly as far apart from re- by the rules of the Senate, and after RAY], for herself, Mr. DASCHLE, Ms. MOSELEY- solving this important issue of regu- the amendment has been read I will BRAUN and Mr. COHEN, proposes an amend- latory reform as I think the majority seek recognition again and let the ment numbered 1826 to amendment No. 1825. leader has indicated. Chair make the ruling that the Chair The amendment is as follows: I do not wish to impugn the motives thinks is proper at that particular In lieu of the text proposed to be inserted, of the majority leader at all. But I no- time. insert the following: ‘‘None of the funds ticed on several occasions he indicated The PRESIDING OFFICER. The made available in this Act may be used for 100 percent Republican support for the clerk will report. any program for the selection of Federal measure, which implied, with the three The assistant legislative clerk read Government contractors when such program or four other Democrats that he also as follows: results in the award of Federal contracts to unqualified persons, in reverse discrimina- complimented for their help, that all At the appropriate place, insert the fol- tion, or in quotas, or is inconsistent with the was lost because of minority Demo- lowing new section: decision of the Supreme Court of the United crats just would not yield. SEC. . PROHIBITION ON FUNDING OF CONTRACT States in Adarand Constructors, Inc. v. Pena Sometime or other, the minority has AWARDS BASED ON RACE, COLOR, to stand up when they think things are NATIONAL ORIGIN, OR GENDER. on June 12, 1995.’’ (a) PROHIBITION.—For fiscal year 1996, none f not going correctly. Why can we not take the Glenn amendment, that was of the funds made available by this Act may REGULATORY REFORM be used by any unit of the legislative branch defeated on a very close rollcall, 52 to of the Federal Government to award any Mr. EXON. Mr. President, I under- 48, and use that as a means to come to- Federal contract, or to require or encourage stand now we are on the affirmative ac- gether in a bipartisan fashion? But, oh, the award of any subcontract, if such award tion matter. Before we go into that, I no, we cannot do that. We have to use, is based, in whole or in part, on the race, will make a few brief remarks with re- as the basis of consideration, the prop- color, national origin, or gender of the con- gard to the exchange between the ma- osition that the majority leader has in- tractor or subcontractor. dicated it is not possible, under the cir- (b) OUTREACH AND RECRUITMENT ACTIVI- jority leader, the minority leader, and TIES.—This section does not limit the avail- others, with regard to the bill that just cumstances, to come together. ability of funds for technical assistance, ad- failed with the third cloture vote. I say to the majority leader and my vertising, counseling, or other outreach and I encourage the majority leader to colleagues on that side, whom I fre- recruitment activities that are designed to recognize the fact that there are many, quently vote with, I think we are that increase the number of contractors or sub- if not all Members on this side of the close. I do not believe there is any sin- contractors to be considered for any contract aisle, that are just as much concerned cere effort for most of us on this side of or subcontract opportunity with the Federal about regulatory reform as those on the aisle to be obstructionist, as the Government, except to the extent that the majority leader seemed to indicate in award resulting from such activities is the other side of the aisle. I was, frankly, rather amused to hear his remarks. I therefore suggest that it based, in whole or in part, on the race, color, is time that we not give up. It is a time national origin, or gender of the contractor the majority leader say it takes 60 or subcontractor. votes to get anything done around that we start working together on this (c) HISTORICALLY BLACK COLLEGES AND UNI- here. Does anyone remember last year? matter of regulatory reform, which I VERSITIES.—This section does not limit the Does anyone remember last year, when think is very, very important. But I want to compliment the Demo- availability of funds for activities that ben- we had to have 60 votes to do anything, efit an institution that is a historically cratic leader for saying this probably is with the possible exception of adjourn- Black college or university on the basis that the most far-reaching bill that we will the institution is a historically Black col- ment? even consider or pass in this session of lege or university. Now, the facts of the matter are, as the Congress. It is a very important (d) EXISTING AND FUTURE COURT ORDERS.— one Senator who has been on many This section does not prohibit or limit the matter and there are some major con- sides of many issues on this floor, I cerns on this side of the aisle, some of availability of funds to implement a— simply say that I was with the major- (1) court order or consent decree issued be- which are not necessarily shared by fore the date of enactment of this Act; or ity leader on a very close vote not too this individual Senator. But I happen (2) court order or consent decree that— long ago with regard to how we are to feel it is critically important for us (A) is issued on or after the date of enact- going to balance the Federal budget, to recognize and realize, when we pass ment of this Act; and and a constitutional amendment to do (B) provides a remedy based on a finding of major pieces of legislation, we must that. take the time to consider as best we discrimination by a person to whom the Once again, the Senate is so closely order applies. can. And I happen to feel it should be (e) EXISTING CONTRACTS AND SUB- divided on this issue, regulatory re- clear to all that, when we get ourselves CONTRACTS.—This section does not apply form, because it is a very key issue. into a situation where we are passing with respect to any contract or subcontract I say to the majority leader that at this type of legislation, major legisla- entered into before the date of the enact- least as one Senator, and I know from tion under anyone’s definition of that, ment of this Act, including any option exer- the meetings that I attended there are cised under such contract or subcontract be- that 60 votes should be in order. I think others, as so ably stated by the Demo- the 60 votes are there. I really believe fore or after such date of enactment. cratic leader, that we think we are (f) DEFINITION.—As used in this section, the we can get things done in this par- term ‘‘historically Black college or univer- very close. We get down to these situa- ticular matter if we just keep on try- sity’’ means a part B institution, as defined tions, though, and the old bulls lock ing. in section 322(2) of the Higher Education Act horns. The old bulls like to say unless Therefore, I say to the majority lead- of 1965 (20 U.S.C. 1061(2)). you do it my way, you are against reg- er, come forth once again, Mr. Majority Several Senators addressed the ulatory reform. Leader, come forth and talk to the mi- Chair. I think there is general consensus for nority leader. I feel very confident that The PRESIDING OFFICER. The regulatory reform. I was very pleased we are that close to coming up with Chair recognizes the minority manager that the Senate voted on the Glenn something I think would be generally of the bill, who has precedence over all amendment, 52 to 48. I thought we were satisfactory—not totally satisfactory, other Senators when there is a com- very close under that kind of a pro- because this is a piece of legislation bination of Senators seeking recogni- posal. that is obviously so complicated and so tion. Now, whether or not the Glenn difficult that we are probably never AMENDMENT NO. 1826 TO AMENDMENT NO. 1825 amendment is exactly the same as that going to get unanimous consent. How- Mrs. MURRAY. Thank you, Mr. which was indicated earlier as not ever, I say to the majority leader, President. I send to the desk an amend- being necessarily true or not, I think come, let us reason together. I have ment and ask for its immediate consid- that most reasonable people would talked at great length about this with eration. agree that the Glenn amendment is ex- the minority leader, and I think the

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10403 minority leader is in a position to derstand that we did not get regulatory think any of the Senators have had to speak for enough of us on this side that reform. And when 54 out of 54 Repub- spend the night here recently. Get the we could get cloture. licans voted for it to go forward, I cots. The Senator from Texas probably f think they are going to figure out who remembers all-night sessions. You wanted regulatory reform. know, it gets to be an interesting occa- LEGISLATIVE BRANCH APPRO- We just passed bills that open trade sion. It is awfully hard to keep some- PRIATIONS FOR FISCAL YEAR in the world: NAFTA, GATT, so we body on the floor. It is awfully hard to 1996 would have the opportunities to com- get any kind of rest, but we have been The Senate continued with the con- pete. But our business people cannot here all night. Recently we have not sideration of the bill. compete when they are so saddled with done that. That is the debate of this in- AMENDMENT NO. 1827 TO AMENDMENT NO. 1825 regulations that they have to add costs stitution. Mr. EXON. So, with those comments, to their product because of the regula- So when you start badmouthing each Mr. President, I send an amendment to tions and, therefore, the product will other around here, I do not think it the desk in the second degree and ask not sell in the international market- helps anyone. It just hardens the situa- for its immediate consideration. place because it is priced too high. tion. I think we ought to continue to The PRESIDING OFFICER. The That is the bottom line. That is why it talk, continue to work. We want to clerk will report. hurts the ability to create jobs in this make as good a bill as we possibly can. The assistant legislative clerk read country, when we have so many regula- I have never heard in any of the re- as follows: tions that our businesses are spending marks tonight what it does to individ- money in lawsuits and regulatory com- The Senator from Nebraska [Mr. EXON] for uals. What does it do to the general Mrs. MURRAY proposes an amendment num- pliance and they cannot put the money public? What does it do to the worker? bered 1827 to amendment No. 1825, where it needs to be, and that is trying What are these things we are trying to Strike all after the first word and insert: to make their product better, giving do here now? ‘‘None of the funds made available in this jobs to people to create the products I hear nothing about big business. Act may be used for any program for the se- and being able to sell those products Big business had a 14-percent increase lection of Federal Government contractors anywhere in the world because we can in profits the first quarter and indi- when such program results in the award of be competitive. vidual hourly wages went down. Some- Federal contracts to unqualified persons, in So, Mr. President, something died thing is going well out there, if they reverse discrimination, or in quotas, or is in- here today and I do not think the small consistent with the decision of the Supreme are making that kind of money. Some- Court of the United States in Aderand Con- business people of our country are how we have to come together and structors, Inc. v. Pena on June 12, 1995. This going to be asking who did it. But they think about the individual and working section shall be effective one day after en- are going to know that their regu- with the companies. actment.’’ latory burdens are not going to be lift- Mr. President, I had not intended to The PRESIDING OFFICER. The Sen- ed. make any remarks. I do not normally ator from Texas. Mr. President, that is a pretty sad make many speeches on the Senate Mr. GRAMM. Mr. President, I sug- message to have to send to the small floor. But I just think this knocking gest the absence of a quorum. business people of this country. We each other out here, just hardens the The PRESIDING OFFICER. The cannot let regulatory reform die like situation. It creates gridlock, to come clerk will call the roll. this, by two votes. It would be uncon- out here and get accused of things. We The assistant legislative clerk pro- scionable. So I hope the Democrats will do what we think is best. I do not al- ceeded to call the roll. get together, and I hope they will say ways win. I am having a hard time win- Mrs. HUTCHISON. Mr. President, I the rhetoric is real and say what we ning anything right now. But I under- ask unanimous consent that the order can really do to take away the 300 stand the procedure. I was here for 6 for the quorum call be rescinded. amendments that are now pending on years when the Republicans were in the The PRESIDING OFFICER. Without the bill. And if they are serious, they majority in the Senate before. I went can do something about it. objection, it is so ordered. from majority to minority. Then all of Several Senators addressed the a sudden we got it back again. We are f Chair. back someplace else. REGULATORY REFORM The PRESIDING OFFICER. The Sen- ator from Kentucky. So it is the system, and the system is Mrs. HUTCHISON. Mr. President, I Mr. FORD. Mr. President, let me just debate. The system is talking. The sys- would just like to talk, again, about say, I have been listening to all this tem is communicating. The system is regulatory reform. We have been dis- back and forth. I think it is part of the doing the best job you can, and you cussing, on this floor, who killed regu- process. It does not bother me too have to have something that you really latory reform. But the rank and file much. But I listened to my constitu- believe in. And when you vote for it, small business person out in America ents. One Senator gets up and says it you voted on the best piece of legisla- knows one thing for sure. Regulatory this way. Another Senator gets up and tion that can be proposed to this insti- reform just died in the U.S. Senate and says no, it is this way and you are tution. Sure, we have disagreements. the small business person who has been wrong. No, you are wrong. That is what it is all about. That is looking for relief so he or she would be Somebody has to be right and somewhat the committee system is all able to grow and prosper and create the body has to be wrong. I learned from about. We do basically the same thing new jobs that keep our economy vital the other side of the aisle how to file in committees that we do on the Sen- are not going to have that opportunity amendments. They bring them in here ate floor. We listen to witnesses. We because we have not done the job we 100 at a time, you know? They taught make up our mind. We offer amend- said we would do to try to get the har- us how to put the amendments on. Now ments. We vote on amendments, and assment of Federal regulations off the we get accused of having a few amend- we vote the legislation up or down to backs of our small business people. ments out. We talk about NAFTA. send it to the Senate floor. That is part We have been working on this bill for Something happened to NAFTA in the of the system. Then we do it basically 10 days. There are hundreds of amend- House because they cut off the ability again. It goes through the mill several ments still left on the bill that we to help Mexico by eliminating the times before it goes to the President failed to get cloture on once again. We funding. for signature. have had three cloture votes. What is it The Democrats did not do that, Re- This is not a stealth Congress. A going to take? We have been in rooms publicans did. There is a scenario going stealth Congress is to do it real quick meeting, talking about the issues that here, bouncing back and forth like a and get rid of it before you get some- were raised. But the bottom line is, in ping-pong ball. I think it is time everyone to jump on you or before the phone 10 days of intense negotiations, floor body understand we do not intend to starts ringing off the hook, before peo- debate, working on this bill, we have let this bill die. That is No. 1. ple start sending out letters. Stealth failed and the small business people of No. 2, we want to continue to talk. I Congress is do it quick and get it over our country especially are going to un- have been here day and night. I do not with.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10404 CONGRESSIONAL RECORD — SENATE July 20, 1995 Some things are too important to do qualified, be denied the contract to grant contracts to people who are un- them quickly and get it over with. give it to someone else based on a pref- qualified, as the Murray amendment Some things are too important to indi- erence that flows from race, color, na- says, then we are not doing anything viduals in this Chamber. And I learned tional origin, or gender. unless I can come in and say: Well, from Majority Leader Mike Mansfield That is part 1 of my amendment. look, I bid a contract to build a side- that on the Senate floor everybody is Part 2 of my amendment has to do walk here at the Capitol and I bid the equal except the majority leader and with outreach and recruitment activi- contract at $55,000. Someone who was the Democratic leader in this case. And ties. And part 2 of the amendment given preference bid the contract at the Chair recognizes them before any- makes it very clear that nothing in $155,000, and they got the contract. But body else. I understand that. That is a this amendment would prevent any ef- under the Murray amendment, the only precedent. We exercise that. But every- fort to help people bid on contracts, to way that I could get any relief, if I was body else has an individual right here. hold seminars on bidding, provide as- the contractor who bid it at $55,000, So we exercise that. I hope that we sistance to people who want to bid on would be if I could prove that the con- never lose that and that we start work- contracts, or go out and inform people tractor who got the bid for $155,000 was ing together rather than try to divide, of the existence of those contracts. unqualified. which will not get us together in the In short, we can expend money. We Now, they may be qualified; they future. can exercise tremendous effort to try may be unqualified, but the point is I yield the floor, Mr. President. to help people get on the playing field the Federal Government should not be Mr. GRAMM addressed the Chair. and to compete. But once contract of- paying $155,000 for work that it can get The PRESIDING OFFICER. The Sen- fers have been submitted, then the se- for $55,000. Nor should it be letting con- ator from Texas. lection process must be based on tracts in America where somebody is f merit—and on merit alone. given a special advantage over some- The next provision of the bill makes body else. LEGISLATIVE BRANCH APPRO- it clear that we are not seeking here to We listened yesterday as the Presi- PRIATIONS FOR FISCAL YEAR override contracting that is done with dent gave a very passionate speech, but 1996 schools designated as historically when you got down to the specific lan- The Senate continued with the con- black colleges and universities. guage of the details of the proposal, it sideration of the bill. The next provision of the bill makes was more doubletalk. And the double- Mr. GRAMM. Mr. President, I think it clear that this is all prospective. We talk basically is the implication that we are talking about unanimous-con- are not going to go back and undo any this is an issue about whether a privi- sent requests here that will allow both existing contracts. In addition, we are leged contractor is qualified. It is an of these amendments to be voted on. So not going to override any existing issue of whether they are the best let me go ahead and talk about my court orders. If a court acts in the fu- qualified. amendment, which is the amendment ture and finds that a remedy for dis- The second issue has to do with the that is trying to eliminate set-asides in crimination is the establishment of a fact that you cannot give somebody the Federal procurement process—in set-aside, we are making it very clear preference over somebody else without the context of this bill as a beginning. that would stand. discriminating against the person who And then let me explain why the Mur- Now, basically, that is what my is not receiving the preference. ray amendment is a sham amendment amendment does. And if my amend- In the final analysis, something that that does not deal with the problem ment is adopted, what it will do is end the President clearly is clever enough but that simply gives cover to those set-asides in contracting for the legis- to understand but was hoping we were who want to allow set-asides in the lative branch of Government. If this not clever enough to understand is that funding for the legislative branch. amendment is adopted and it becomes whenever you give somebody a special Let me begin with my amendment. law, what it means is that none of the advantage on the basis of race or color My amendment is the amendment that money appropriated in this bill can be or national origin or gender, that we have worked on with outside legal used for the purpose of letting a con- means someone else is discriminated groups. It has been endorsed by the tract where anybody is given a con- against because they do not get that leadership in the House, it is being of- tract based on race, color, national ori- benefit. I believe that what we have got fered by Congressman GARY FRANKS, gin or gender. to do is to end set-asides in contracting and it is basically an effort to focus in Now, let me talk a minute about the and what better place to start than in on one particular problem. Murray amendment, because what we the legislative branch of Government. This is a precise, surgical amend- have in the Murray amendment is the So we have before us two amendment, and what it says is this: The bill same convoluted language that the ments. One amendment is a serious, before us is the legislative branch ap- President used yesterday. This is more real amendment which says that none propriations and this amendment deals of the same effort to try to use words of the funds contained in this bill will with nothing except legislative branch to confuse. Let me just read it to you, be used for contracts where someone is appropriations. I plan to offer a similar and I think that if you think about it given a special privilege so that they amendment on other appropriations a minute it jumps out at you as to get a contract that on the basis of bills that come to the floor of the Sen- what this amendment is trying to do. merit they would not have gotten. The ate this year. Let me read you the language: other amendment says that none of the What this amendment says is that in None of the funds made available in this funds will be used to award a contract the letting of contracts, in spending act may be used for any program for the se- if doing so results in the award of Fed- money, none of the money will be spent lection of Federal Government contracts eral contracts to unqualified persons. in such a way that requires or encour- when such program results in the award of Mr. President, that is not the issue ages the awarding of any contract or Federal contracts to unqualified persons. here. The issue here is not whether the subcontract if such an award is based, Mr. President, no one is saying that contractor who got advantage based on in whole or in part, on the race, color, people who get contracts because of race or color or national origin or gen- national origin, or gender of the con- race or color or national origin or gender was qualified. The question is were tractor or subcontractor. der are necessarily unqualified. That is they the best qualified. So what this amendment says in its not the point. In fact, it seems as The amendment then goes on to use first part is that when we spend money though the whole purpose of this lan- many terms which are very difficult, if through the congressional branch of guage is to confuse. What we are say- not impossible, to define. For example, Government, we have to engage in ing is they are not necessarily the best ‘‘In reverse discrimination.’’ Well, by competitive bidding, and that when qualified. They very well may be quali- definition, if the most qualified con- someone submits the low bid who is fied, but the point is somebody else tractor with the lowest price did not qualified, that person will get the con- might have been better qualified or get the contract, I think any reason- tract, and that in no circumstance can have submitted a lower bid. If all we able person would call that reverse dis- the low bidder, who is at least equally are doing is saying that you cannot crimination.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10405 Now, Mr. President, here is the point, UNANIMOUS CONSENT Mrs. MURRAY. Mr. President, I sit and then I will yield the floor because AGREEMENT here tonight and I think about the I understand that an agreement may Mr. GRAMM. Mr. President, I ask words ‘‘affirmative action,’’ and I lis- have been worked out. If you are for unanimous consent that there be 120 tened to the words on the floor. I won- set-asides, I think you ought to have minutes for debate on the pending der sometimes if we have all grown up courage enough to stand up and say it. Gramm amendment, No. 1825, and the in the same country because I grew up If you believe that in America we Murray amendment, which would be in a country that said you have equal ought to legislate unfairness for some modified to reflect that it be added at opportunity, an equal chance and an reason, that we ought to reject merit, the appropriate place in the bill, and equal ability in this life to get a good and that we ought to give people con- that the time be equally divided be- education, to get a good job and make tracts based on their race, their color, tween Senator Gramm and Senator it in this country. their national origin, or their gender, Murray. And that following the conclu- Mr. President, that is what the af- it seems to me that you ought to do sion or yielding back of time, the Sen- firmative action program means to this something that President Clinton did ate proceed to vote on the Gramm Senator from the State of Washington not have courage enough to do yester- amendment, to be followed imme- who stands here tonight on the floor of day. That is, you ought to stand up and diately by a vote on the Murray the Senate as one of eight women in say it, and you ought to vote against amendment, as modified, and that no this body. Mr. President, when I hear the words my amendment. amendments be in order prior to the ‘‘quotas,’’ ‘‘reverse discrimination,’’ disposition of the two amendments, It seems quite another thing to offer ‘‘preferences for unqualified individ- and that the Exon amendment, 1827, be an amendment which basically says uals,’’ I am astounded because that is withdrawn. Mr. President, I ask unani- that you cannot give a contract to an not what I see in affirmative action mous consent that the time already unqualified person. The point is that today. And I think it is a twisting of consumed by both sides be considered many people—in fact, I would guess in the debate to try and make people subtracted from the overall time limi- almost every case the loser of competi- think this program is about something tation. tive bidding every day in America in that it is not about. This program is The PRESIDING OFFICER (Mr. public contracting is qualified. It is not about giving people an ability to make BURNS). Is there objection? the point that they are not qualified. it in a country where we care about all Mrs. MURRAY. Reserving the right The point is they are not the best individuals, no matter who they are or to object. Mr. President, I will not ob- qualified. They did not offer the best where they come from or what they ject. I would just like to know how bid. They did not offer the lowest price. look like. much time would be left then on both Therefore, they should not have gotten And I think that is a particularly im- sides? the contract. portant agenda to retain in this coun- The PRESIDING OFFICER. The Sen- try. It certainly is one I want for my So if you vote for the Murray amend- ator from Washington would have 1 children and my grandchildren who ment, in my humble opinion, what you hour and the Senator from Texas would are doing is simply seeking political will follow me. have 44 minutes. The amendment that I have put for- cover because you do not want to tell Mrs. MURRAY. Thank you, Mr. people you are for set-asides. I am op- ward says quite clearly that no Federal President. funds can go to any affirmative action posed to set-asides. There is only one The PRESIDING OFFICER. Is there fair way in America to decide who gets program that results in quotas, in re- objection? verse discrimination, or in the hiring a job; there is only one fair way to de- Mr. SPECTER. Reserving the right cide who gets promoted; there is only of unqualified persons. The amendment to object. I would like the stipulation makes it very clear to the agency that one fair way to decide who gets a con- added to give this Senator 10 minutes. tract, and that is merit. its affirmative action programs must The PRESIDING OFFICER. Would be completely consistent with the Su- And if you do it any other way than the Senator from Pennsylvania restate preme Court’s recent decision in the merit, it is inherently unfair, it is in- his request? Adarand case that affirmative action herently divisive, and it ultimately Mr. SPECTER. As I understand it, programs could be justified only if they pits people against each other based on there is 1 hour on each side. served a compelling interest and were their group. The genius of America is The PRESIDING OFFICER. The Sen- narrowly tailored. competition based on individual deci- ator from Washington has 1 hour. The The amendment recognizes that the sion making and individual qualities. Senator from Texas has 44 minutes. battle against discrimination in Amer- What makes America work is that in Mr. SPECTER. Perhaps I can inquire ica has not yet been won. And I invite America we are not part of groups; we of the Senator from Washington if I all of you to go out into our schools, to are individuals, and we have an oppor- might have 10 minutes on your side? go out into our institutes of higher tunity to be judged as individuals Mrs. MURRAY. I would be willing to education, to go out into the workplace based on our merit. yield 10 minutes from my side to the and see that it is not yet won for Senator. women and for minorities. And affirm- While some will say that trying to Mr. SPECTER. I thank the chair. I stop unfairness written into the law of ative action programs are very impor- will not object. tant to winning that battle. the land, because for 25 years we have The PRESIDING OFFICER. Is there had unfairness written into the law of Mr. President, as I listen to the objection? amendment that comes before us—and the land in set-asides and quotas, and Hearing none, so ordered. people in America know it and they re- I heard my colleague from Texas say he So, the amendment (No. 1826), as was going to offer this amendment on sent it and they want it changed, what modified, is as follows: every appropriations bill—I wonder we are doing when we eliminate set- At the appropriate place in the bill, insert how much money he is talking about asides is we are going back to the uni- the following: and who he is going after. I did not fying principle of America. And that SEC. . None of the funds made available in have time, of course, to put this into a principle is merit. this Act may be used for any program for the chart that all of you could see. Frank- What we are saying is that if any selection of Federal Government contractors when such program results in the award of ly, I thought I would save the Senate contractor in America wants to bid for Federal contracts to unqualified persons, in money because that is what we are try- a Government job, they have as good a reverse discrimination, or in quotas, or is ining to do. So I did not make a chart. chance to get that contract as anybody consistent with the decision of the Supreme But I will share with you what I have else. They have a chance to be judged Court of the United States in Adarand Con- on this. on their merit on their bid. To do it structors, Inc. v. Pena on June 12, 1995. The total awards that are given in any other way is totally and absolutely The PRESIDING OFFICER. Who Government contracting, prime con- unfair. And I believe it should be re- yields time? tracts, is $160 billion. Of that, $1.9 bil- jected. Mrs. MURRAY addressed the Chair. lion—$1.9 billion—out of $160 billion go

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10406 CONGRESSIONAL RECORD — SENATE July 20, 1995 to women-owned business awards. That Jackie Robinson, do you think he was airmen and I remember the turmoil is who we are targeting in the under- the best-qualified player at the time? they experienced fighting in World War lying amendment. That is who—$1.9 How about Satchel Paige, do you think II, feeling they had to fight two en- billion out of $160 billion. A very small he was the best-qualified pitcher at the emies: one called Hitler, the other amount, $6.1 billion to small disadvan- time? Was he granted access to the pro- called racism in this country. taged business awards. A total of about fessional leagues? Jackie Robinson, I listened and I remember very well yes, he was the first to break through $8 billion out of $160 billion—$160 bil- Congressman LOUIS STOKES, who was a lion—$8 billion going to small dis- the color-barrier, after years and years member of the Iran-Contra committee, advantaged business and women-owned of practiced racial discrimination. speaking about what it felt like for Satchel Paige played the prime of his business. That is who we are targeting him to make a contribution to his career in the Negro Leagues, only mak- in the underlying amendment. country in the service, but to be barred ing it into the big leagues after the It seems very clear to me that it is a from eating and sleeping in the same color-barrier had been broken. But he good goal in this country to assure barracks as his white counterparts. It made it to the Hall of Fame nonethe- that disadvantaged people, that people did not matter that he was prepared to who do not have the same opportuni- less. The difficulty is, of course, that none die on the battlefields; that was OK. ties, are given the ability to move You are equal out on the battlefields, ahead in the workplace. And I urge my of us believe in quotas, because quotas are arbitrary, they are capricious, they you are just not equal in the barracks, colleagues to defeat the Gramm you go to the other room, you go to the amendment and to vote for the Murray are without merit. But the Senator from Texas believes we should have not other fountain, you sleep in another amendment. That is a positive way to place. move in affirmative action in this Na- more group preferences. Well, how tion. about veterans? Is that in the amend- That has been changed, not through Mr. President, I ask the Senator from ment? I do not think so. I hope not. the marketplace, but through actual Maine how much time he would need? But make no mistake, we grant pref- affirmative action on the part of the Mr. COHEN. Ten minutes. erences to many groups. U.S. Congress. We changed that. We Mrs. MURRAY. I yield 10 minutes to We grant preferences to veterans be- helped to legislate the beginnings of the Senator from Maine. cause they have made a great sacrifice equality—not entirely, but we helped Mr. COHEN. I thank my colleague for for this country. We take that into ac- to legislate at least a part of the way. yielding. count and we grant them preferences, But it still exits day in and day out. Mr. President, I was intrigued with regardless of what their contribution I can give you example after example the Senator from Texas’ comment to- was. Some served in combat. Some of people who walk into places of em- ward the very end of his presentation served as medics. Some served as flight ployment who are turned down, not be- where he said that for 25 years we have assistants. Some served back in the cause they are not qualified or the best legislated unfairness. We have passed United States. They all were willing to qualified, but simply because of the legislation not based on quality, but make the commitment, so we treat color of their skin or even their gender. them as a group and we give them spe- rather on race and gender. So we have not arrived at a color-blind cial consideration, as we should. The 25 years stood out in my mind society. I know there are those on the How about small businesses? Are we because it tended to ignore that for 200 prepared to eliminate the small busi- floor who will say our goal must be a years we have tolerated and practiced ness set-aside, and give no more pref- color-blind society, and I agree, but we unfairness. We said that all men are erences in government contracts to are not there yet, not when you put created equal. That is our defining doc- small business? Should we let them go Martin Luther King’s photograph in ument. Not ‘‘all women are created up against the giant conglomerates, the cross-hairs on a T-shirt, not when equal.’’ Not ‘‘all blacks are created without a care of how small or how ca- you put signs up that say, ‘‘No equal.’’ They were not even treated as pable they are. Even if they cannot blacks’’—and I am qualifying it a bit human but only three-fifths human, as compete against the big guys—tough here—‘‘are allowed to cross this line.’’ slaves, as pack mules. We broke up luck, no special consideration. The Senator from Texas says this is their families, and we humiliated them I know that there is some disagree- simply a surgical strike on this par- for years and years—not 25 years—but ment about affirmative action, even ticular piece of legislation. But he has a couple of hundred years or more. And within the minority community. There already indicated there is going to be suddenly we come back and say, ‘‘Well, are some who feel that the very exist- surgery after surgery. This is only one it is all equal now. The field is com- ence of affirmative action has stamped surgical strike. We have a bombard- pletely level. We live in a colorblind so- the red letters of ‘‘AA’’ on their fore- ment coming until every aspect of any ciety.’’ Does anyone here really believe heads; that they somehow have been kind of remedial action for past, that, that we live in a colorblind soci- stamped as affirmative action babies; present and future discriminatory poli- ety? that people believe they could not cies are eradicated. There was an item in the paper re- make it on their own, notwithstanding cently about ‘‘good ol’ boys’’ getting So why have we had set-asides? We their capabilities; that they are seen ought to face the issue, why have we together for a good old time. They were only as the beneficiaries of affirmative Federal employees—ATF, maybe FBI, had set-asides? It is because blacks and action. other minorities have been frozen out maybe Secret Service, maybe IRS. I watched a program just this and women have been locked out of op- Does anyone here truly believe that we evening where one very passionate in- portunities. We have had 200 years-plus do not live in a colorblind society dividual said, ‘‘I don’t want to support of this discrimination, but only 30 today, that discrimination does not any program that infers or implies that years of trying to overcome that. We exist? I am somehow inferior.’’ That really is are not trying to put unqualified peo- The Senator from Texas says that we not the issue, because he is not infe- ple into positions, but to give those should not let someone get a contract rior. The problem is that he and others people who are qualified an oppor- based on a preference. He believes that have been victims of societal discrimi- if you give someone a special pref- nation. Others call it racism for that is tunity to break through the barriers erence, you impose a disadvantage on what it is. The truth is that they were that we have allowed to exist for a others. That is one side of the argu- not judged based on their quality, they long, long time. The point of affirma- ment. How about whenever you impose were not judged based on their merit, tive action is not to establish quotas, on someone a special disadvantage by they were not judged based on the con- it is to allow qualified people to over- virtue of their race or gender? It seems tent of their character, but they were come discrimination. to me that you give someone or an- judged based on the color of their skin. So the Senator from Texas asked the other group a special advantage. That has been the practice over the question: If you believe we ought to The Senator from Texas would like centuries in this country. legislate unfairness, then you support to have the best-qualified people re- Yes, progress has been made. But I the amendment that has been offered ceiving contracts. I agree. How about listened to the stories of the Tuskegee as a substitute. I would put it another

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10407 way: If you believe we ought to ignore just plain old water, but it was going ethically or intellectually supported? unfair practices, if you believe we to be set aside. It was different water. Why, then? Given the history, and ought to allow those who have been It was a segregated situation for those given where we are and the fact that historically and to this day are treated of us who were not white. the evidence makes it clear that dis- unfairly in the marketplace to con- We know at the base that this crimination and exclusion for women tinue to be discriminated against, then amendment seeks to roll back the and minorities still exists, not only in you vote for the amendment of the clock and turn back the gains that our community, but also in our econ- Senator from Texas. women and minorities—as limited as omy. Mr. President, I think the choice is they may be—have made in this coun- There were, in the report that the pretty clear. I hope when the vote fi- try in the last several decades. President had done, ‘‘The Affirmative nally comes that we will reject over- You know, maybe we should thank Action Review,’’ results from random whelmingly the amendment of the Sen- the Senator from Texas because, quite testing. They make the point that ator from Texas and support that of frankly, this issue was bound to come there was a series of tests conducted our colleague from the State of Wash- to the floor. He has already said he is between 1990 and 1992. It revealed that ington. going to have it on every bill. Maybe blacks were treated significantly worse The PRESIDING OFFICER. Who we should have this debate on every than equally qualified whites 24 per- yields time? bill. But I think it is of critical impor- cent of the time, and Latinos were Ms. MOSELEY-BRAUN addressed the tance that we tell the truth about what treated worse 22 percent of the time, et Chair. this amendment is and point out to the cetera, et cetera. It goes on. The PRESIDING OFFICER. The Sen- American people that colored water is So we know, everybody here knows ator from Illinois is recognized. Who not pink and green. It is not a rainbow. that discrimination still exists, even yields time? Colored water is just that—it is some- though we are all, I hope, committed to Mrs. MURRAY. Mr. President, I thing that is less than what is given to its eradication. We all know that is a thank my colleague from Maine for his everybody else. fact. But discrimination notwith- very eloquent remarks and support. I This amendment of the Senator from standing, the fact is that the numbers hope all our colleagues had the oppor- Texas is just that—it is something less. do speak for themselves. Why is it that tunity to hear what he had to say. I Yes, we are indeed clever enough to use we are still looking at a situation in yield as much time as she needs to the his words to understand exactly what which, for our procurement in this Na- Senator from Illinois. he is talking about in this amendment. tion, at this time 50 percent of the pop- The PRESIDING OFFICER. The Sen- And this world will understand exactly ulation being female, 1.21 percent of ator from Illinois. what he is talking about with this the contracts awarded in 1993 went to Ms. MOSELEY-BRAUN. Mr. Presi- amendment. women-owned businesses—1.21 percent. dent, I thank the Senator from Wash- The Senator from Maine talked The amendment of the Senator from ington for yielding. about the past and the ugly history Texas seeks to roll that back. At the outset, I want to tell you a lit- that we all know about in this room. Now, does this suggest that 98.89 per- tle story that happened in my lifetime. Let me submit that the issue of affirm- cent of the people that got the con- When I was very young, 7 or 8 years ative action is not as much about the tracts were better qualified than that old, we went south on the train from past, or even the present, as it is about 1.21 percent of women-owned busi- Chicago to the city of New Orleans. We the future—the future that these young nesses? I think everybody in this room were going through Alabama. We people will have, the future that we and everybody listening knows that stopped at a train station, and there give to the next generation of Ameri- there are other explanations for why were water fountains. This is in the cans. that figure is so low. days Senator COHEN has referenced, the If that future is going to allow for us So why, then, is it inappropriate to days when there was official segrega- to build as a nation on our diversity, as suggest that we give women-owned tion in this country. a strength of our Nation as opposed to businesses, that we give minority- We stopped at a train station. One of weakness, then we must defeat this at- owned businesses a shot; that we give the water fountains was labeled ‘‘col- tempt by the Senator from Texas and them a chance to compete, not based ored.’’ My mother, because she did not every other one he or anybody else on any lack of qualifications, but, in- want to start a ruckus in the train sta- comes up with on this floor. If we are deed, based on qualifications? Why are tion, would not let us go to the colored going to send a signal that we believe we suggesting that we close the door fountain to get a drink of water, even in opportunity for America, then we on that chance, that we shut down that though we were thirsty. must defeat this attempt to roll back opportunity and indeed cripple the di- My little brother, however, who was opportunity. versity that I believe—and I hope my about 5, laid out in the train station There is no question, as the Senator colleagues will concur—is at the heart and had a temper tantrum because he from Washington pointed out, affirma- of the future of America. wanted to have some colored water. He tive action does not guarantee any- The fact of the matter is that that thought it was going to come out of thing to anybody. It is not a carving diversity has been talked about in the fountain pink, blue, green, yellow, stone where you get it just because of many instances by businesses in this and red, a rainbow of colors, and he your belonging to a group. It is a prin- country as a business imperative. We was determined to have some colored ciple based on merit. It is not about are in a global economy with global water. quotas. markets, and not everybody in the Mr. President, I want to suggest the Frankly, when we talk about pref- world who does business is male, and amendment of the Senator from Texas erences, the Senator from Maine is ex- not everybody in the world who does is colored water. This amendment tries actly right. We have all kinds of pref- business is white, and not everybody to convince us that it is an amendment erences. We have preferences for senior who does business in the world speaks in favor of fairness and an amendment citizens; we have preferences for peo- English, for that matter. So does it not in favor of diversity, an amendment in ple, depending on where they live; we make sense for us to, if you will, stir favor of America and the kind of coun- have preferences for people based on the competitive pot a little bit, to try that we are, a diversity of people, the fact that they served in the mili- allow for an equality of opportunity for people of all colors and genders and tary, whether they ever saw a war or all Americans to participate in this coming together, and that somehow or not; we award preferences because we economy and in building this Nation another this supports that vision of think there is an objective, a value, if for this global economy and preparing America. you will, that is important to promote. our country to compete in this world But, in fact, just as we all knew that So why, then, this argument that market? Does it not make sense for all the water coming out of that fountain somehow or another, by allowing an Americans to allow every child a in that segregated train station in Ala- opportunity to compete for women and chance to participate on an equal basis, bama was not pink and green and blue, minorities, that sets up some pref- to give everybody a shot—not that we we knew in our hearts, we knew it was erence that may not be logically or guarantee a young person a chance

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10408 CONGRESSIONAL RECORD — SENATE July 20, 1995 when we allow for a college scholar- says that ‘‘none of the funds in this act again. Thank you very much. I yield ship. We do not guarantee them an ‘‘A’’ may be used for any program when the floor. in chemistry, but we guarantee them a such program results in the award to Mr. GRAMM. Mr. President, I always chance to get into the classroom so unqualified persons in reverse discrimi- love it when Abraham Lincoln is that possibly if they are an ‘‘A’’ stu- nation, or in quotas, or is inconsistent quoted. I think everyone in this body dent, our Nation will benefit from the with the decision of the Supreme Court agrees with the quote that we just contribution they can make. in Adarand.’’ heard. In fact, the Nation fought a Well, that is the whole point of af- So her amendment says we are going bloody civil war over it and ended up firmative action, Mr. President. That to do this right, do it consistent with the winner from having settled the is the whole point of the kind of initia- the law. Senator GRAMM’s amendment, issue, which had to be settled, and was tives that have been taken to provide, on the other hand, says we are just settled correctly. if you will, sheltered markets for going to knock the feet from under- That is not what Abraham Lincoln women and minorities, and it is not as neath the table of opportunity, and we said about fairness. In fact, there is an- though anybody has abused any of this. are going to tell women and minorities, other Lincoln quote that goes right to There are only 1.21 percent women- ‘‘Do not bother to come around. We the heart of this issue. That Abraham owned businesses. have nothing for you. And, indeed, if Lincoln quote is where Abraham Lin- Last year, Senator HUTCHISON and I you are going to compete, you are coln sought to say, what is the objec- worked to pass legislation calling for a going to have to do it as though you tive of government in providing fair- 5 percent procurement goal—goal, not were not female, minority, or as ness? On this issue, which applies di- quota; not a guarantee, but a goal—for though you were starting on a level rectly to this point, Abraham Lincoln women-owned business. Five percent. playing field.’’ said, ‘‘The best that a government can Half of the population in this country I think everybody knows that is col- guarantee is a fair chance and an open are female. We said, How about 5 per- ored water. way.’’ I do not believe, Mr. President, that cent? This amendment would roll that Now, I mentioned appealing to the any living Lincoln scholar would argue back and say, you have 1.21 percent higher angels of our nature. I know that if Abraham Lincoln stood here on now and last year we thought it would many other people are waiting to speak the floor of the Senate today, he would be a good idea to move the goalposts on this. I would like to yield the floor support a provision that gave one and allow you to at least compete, to so that they can. But I would like to American an advantage over another try to get to 5 percent. And now we are refer to Abraham Lincoln, who, of when the American who lost the advan- going to say, well, all bets are off, here course, was a U.S. President from my tage had merit on his side. is your colored water, drink it and be State of Illinois. I like to refer to him I do not believe that Abraham Lin- happy. I do not think that is the will of because he was one of the greatest coln would have argued that two this U.S. Senate. At least, I certainly Presidents this country has ever had. wrongs make a right, which is an argu- hope not. He said in an 1862 address to Congress: ment that we heard earlier today pre- I would go further to say that the po- Fellow-citizens, we cannot escape history. sented, as well as a bad argument can sition that is expressed in the Gramm We of this Congress and this administration be presented. But it is a bad argument, amendment has already been rejected will be remembered in spite of ourselves. No nonetheless. by seven out of nine of the Supreme personal significance or insignificance can Let me begin by trying to answer Court Justices in the recent case of spare one or another of us. The fiery trial through which we pass will light us down, in each of the points that were made. Adarand versus Pen˜ a. I would like to First of all, the Adarand decision. Sen- read what Justice O’Connor said in honor or dishonor, to the last generation....We—even we here—hold the power ator MURRAY’s amendment conforms to Adarand. I think it is something we and bear the responsibility. In giving free- Adarand because it has no choice but need to hear. This was the author of dom to the slave, we assure freedom to the to conform to it because it was based the majority opinion that said race- free—honorable alike in what we give and on the Constitution of the United based classification had to withstand what we preserve. We shall nobly save or States. strict scrutiny. She said: meanly lose the last, best hope of earth. Contrary to the distinguished Sen- The unhappy persistence of both the prac- Other means may succeed; this could not ator from Illinois, my amendment is tice and the lingering effects of racial dis- fail. The way is plain, peaceful, generous, written in total conformity with crimination against minority groups in this just—a way which, if followed, the world will forever applaud, and God must forever bless. Adarand. In fact, it has written on page country is an unfortunate reality, and Gov- 3 language consistent with the Adarand ernment is not disqualified from acting in Mr. President, Abraham Lincoln was decision. That is, if the court finds that response to it. talking about the great conflagration a contractor was subject to discrimina- Yesterday, President Clinton made a that this country went through. At the tion, the court may provide a remedy statement in which he said we are same time, I think that we are right with a set-aside to correct the impact going to comply with the law, with now at another kind of crossroads in of that particular discrimination. Adarand; we are not going to allow for this country that will determine My amendment has the core of the any quotas. We are going to make sure whether or not we will go forward, we Adarand decision written right into it. the programs, where they have not will nobly save or meanly lose the last, In no way is it inconsistent with worked appropriately, are going to best hope of Earth. Adarand, nor could it be, since the work right. We are going to do this This Nation’s future will depend on Adarand decision is now binding. right. He called upon the American whether or not we can open our arms, Now, let me go through the points. people, really, to speak to the higher and whether or not we can provide for One of the things I want to thank my angels of our nature, to what kind of equality of opportunity, a chance for colleagues for is that nobody argued future do we want to see. Do we want every American. I appeal to my col- that the Murray amendment was a real a future in which diversity becomes leagues not to close that chance down, amendment. We heard arguments that part of the energy of this country, not to shut the door on the efforts that my amendment would end set-asides, where if you, again, stir the competi- have begun by women and minorities and that set-asides should not be tive pot and allow minorities to par- to integrate themselves as full partici- ended, that people should be given pref- ticipate in the economy and allow pants in the economic and cultural and erence, and that it is perfectly accept- women to participate in the economy social life of this great Nation. able in America to give contracts to and allow Americans all to participate Our future is at stake in this vote people who are not the low bidder and in this economy and to participate in and the following votes. I encourage who might not have merit. I want to making our Nation strong? The Presi- my colleagues to take the high road thank them for doing that, because dent thought that was a sensible ap- and to support the Murray amendment that is something that Bill Clinton did proach. and to reject this attempt—reject this not have the courage to do in his I daresay, Senator MURRAY’s amend- attempt—to divide us and to send us speech the other day. ment, which I strongly support, under- back to a day which, I think, is one Nobody here tried to argue that, to scores that notion. Her amendment that none of us will be proud to visit say that you could not give a contract

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10409 to someone who was unqualified, some- nesses that are not applying for con- Americans as part of groups rather how represented a real alternative to tracts under set-asides and which get than as individuals. When the whole the amendment. Everybody that has contracts in America every day. world is torn apart with struggles spoken thus far has made it very clear The next argument is: Allow people where people feel themselves more part that this is an issue about set-asides, to have a shot. Continue set-asides so of a group than part of a nation, I and that they are for them, and that that people have an opportunity to think this is a destructive policy that they believe that preferences are right, compete. divides Americans. And I think it needs and that they are somehow justified. People have an opportunity to com- to end. Now, here is how they are justified. pete in America because our system Our goal as Americans has always Senator MURRAY says they are justified today, and we thank God that it is so, been that people would be judged as in- because under 8(A) contracting there is is based on merit and competition. Not dividuals. As a great American once only $8 billion, that they are justified that it is perfect. Not that we do not said, ‘‘that they would be judged by the because we are giving only $8 billion on need to work relentlessly to make it content of their character and not the a noncompetitive basis, and we are closer to being perfect. But the point color of their skin.’’ spending so much money, and that is is, people are allowed to compete. And Set-asides are wrong. They are unso little money, so the unfairness in- to say that people cannot compete unfair. They are un-American. And they volved here is relatively small, and, less they are given a special privilege, should end. therefore, we ought to continue to do I think, perverts the whole idea of I reserve the remainder of my time. it. equality. The idea that by ending set- Mr. SPECTER. Will the Senator from Now, it does not take into account asides we are saying to women and to Texas yield for a question? all the other contracts that have some minorities, ‘‘Do not come around,’’ as- Mr. GRAMM. The Senator has 10 set-aside written in them. Just about sumes that only with set-asides can minutes. I would be happy if he uses every highway contract in America has women and minorities compete. his time. I will preserve mine. I have a set-aside for subcontractors. Set- Finally, the argument for equal op- people coming to speak. asides create unfairness. That is what portunity is completely turned on its Mr. SPECTER. If I may ask the Sen- the Adarand decision was about. head here. What my amendment seeks ator from Texas a question on my The second argument is an argument to do is to bring fairness back to the time? that 90 percent agree there has been American system of contracting. For 35 The PRESIDING OFFICER. Who terrible unfairness in our country. I years in America, beginning with an yields time? think everyone realizes that. I think it Executive order under Lyndon John- Mrs. MURRAY. Mr. President, I yield is part of our history. I think the son, compounded by an Executive order 10 minutes to the Senator from Penn- greatness of America is that we have under Richard Nixon, and now written sylvania. worked to overcome it. I am proud of into numerous laws and regulations, The PRESIDING OFFICER. The Sen- that. I take a back seat to no one in we have written in quotas and set- ator from Pennsylvania is recognized. hating bigots and hating racism and asides. We have written in a system Mr. SPECTER. On my time, then, I hating prejudice. Hate is a strong word, that consistently, in terms of the pro- ask the Senator from Texas this ques- and I use it advisedly. grams that are targeted for this pur- tion. Two wrongs do not make a right. We pose, grants contracts not based on He makes the comment that his cannot correct inequity in America by merit but grants contracts based on amendment is consistent with making inequity the law of the land. privilege. That is fundamentally un- Adarand, and said further that it would We cannot correct things that hap- American. It is fundamentally wrong have to be. pened 200 years ago by discriminating and it needs to end. I will call the attention of the Sen- against people in America in 1995. The American people, by over- ator from Texas to the opinion of Jus- The only way to have a clean break whelming margins, are opposed to set- tice O’Connor, saying, with the unfairness of the past is to asides. We are spending the taxpayers’ The unhappy persistence of both the prac- purge unfairness from the present and money. How can we be good stewards of tice and the lingering effects of racial dis- the future. I believe we need to be abso- the taxpayers’ money when we grant a crimination against minority groups in this lutely relentless in enforcing the civil contract to someone who was not the country is an unfortunate reality and Gov- rights laws. It is fundamentally wrong high-quality or low-cost bidder? I think ernment is not disqualified from acting in to give somebody a job when someone we cannot. response to it. else is better qualified. It is fundamen- It is fundamentally unfair to give a Then, Justice O’Connor goes on to tally wrong to promote someone based contract to someone who did not win it say, on some privilege they are granted, on merit. What my amendment seeks When race-based action is necessary to fur- rather than promoting the person who to do, and does it explicitly, is this. It ther a compelling interest, such action is had the better record. preserves our ability to spend money to within constitutional constraints if it satis- It is profoundly wrong, in fact it is recruit, to educate, to help. Under my fies the ‘‘narrow tailoring’’ test set out in un-American, to give somebody a con- amendment we can go out and adver- this Court’s previous cases. tract when they were not the low bid- tise contracting all over the country. Well, the first question would be: der, when they were not the high qual- We can target the advertising to spe- Having stated that the Senator from ity bidder. I do not believe that two cific groups. We can help specific Texas agrees with Adarand, then would wrongs make a right. I think what we groups in learning how to do Govern- the Senator from Texas not agree with have to do is relentlessly pursue fair- ment contracting. We can help them what Justice O’Connor has said, that a ness. You cannot have fairness by leg- get onto the playing field. But that is race-based preference is appropriate islating unfairness. That is what this where help ends and competition be- when it is narrowly tailored to satisfy debate is about. gins. Because under my amendment, a compelling State interest? The next argument is that women unlike the amendment of Senator MUR- Mr. GRAMM addressed the Chair. get only 1.21 percent of the contracts. I RAY, once people are on the playing The PRESIDING OFFICER. The Sen- remind my colleagues, women own over field, once the contracts are submitted, ator from Texas. half the wealth in America. It is al- we are then forced to make the judg- Mr. GRAMM. Mr. President, let me most certainly true that, given the fact ment on merit and merit alone. pose a parliamentary inquiry. Is it in that women own over half of General I conclude by simply saying this. order for a Senator on his time to ask Motors and General Electric and Gen- There is no other way to make deci- me a question? eral Dynamics, trying to take the set- sions that are fair, other than on The PRESIDING OFFICER. If unani- asides in a particular program of the merit. As long as we make decisions on mous consent is given. SBA and say that those are the only any basis other than merit, they are Mr. GRAMM. Mr. President, let me contracts that women are getting is in- inherently unfair. As long as we make try to answer this one. Then I will go accurate. Women are running large decisions on any other basis besides with the regular order. I am not object- corporations, women are running busi- merit, then we are judging our fellow ing.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10410 CONGRESSIONAL RECORD — SENATE July 20, 1995 Let me say this: What I have done in ter, it is a very serious matter, and it tion by a person to whom the order ap- section B on page 3 is simply made it is one really where the Senate cannot plies. clear that if a set-aside is granted as a deal intelligently in the course of 2 So that if a contractor, which is the remedy to an act of discrimination hours of debate. relevant subject here, engages in dis- that has occurred where the party that My own view, Mr. President, is that crimination, a remedy that the Court is being subject to the set-aside com- it would be vastly preferable to deal can use under this amendment is to im- mitted discrimination, then clearly it with discrimination on an individual- pose a set-aside, and clearly in that would be allowed under section B. I be- ized basis, and that we really ought to case, different than a quota case which lieve that is consistent with the have an EEOC which did not have a would have no application here, it Adarand ruling. And I believe it is con- backlog of 100,000 cases. I am very would be permissible. sistent with what I am trying to much opposed to discrimination in any The PRESIDING OFFICER (Mr. achieve here. form, and that includes reverse dis- FRIST). The time yielded to the Sen- My objective is not to ratify the crimination, as the Supreme Court of ator from Pennsylvania has expired. Adarand ruling; my objective is to end the United States struck down reverse Mr. SPECTER. May I have 1 addi- set-asides—except in those cases where discrimination against white males in tional minute? the court might order them as a spe- the Memphis firefighters case, when Mrs. MURRAY. Yes. I yield 1 addi- cific remedy to discrimination which the layoff orders discriminatorily ap- tional minute. Mr. SPECTER. Since the Senator has been committed by the party that plied to white males. from Texas bases the distinction of set- the set-aside is being imposed on. For But there are situations where the aside as contrasted with quotas—this example, if the courts found that a con- unanimous Supreme Court has decided Senator is very much opposed to tractor had engaged in discrimination that where there has been a situation quotas—then would he agree that a where the Court has ordered a remedy, against a subcontractor, under my preference based on race would be jus- and it has been disregarded, or when amendment they would have the poten- tified in the face of a discriminatory there is State action such as the activ- tial remedy to order that the con- practice as indicated by the State of ity of the Alabama State Police, that a tractor grant a set-aside of the con- Alabama? tract to the party that has been dis- remedy is required and a remedy is en- Mr. GRAMM. I believe that, if it is criminated against. But under my tirely in order. proven that an employer is engaged in amendment, they could not order that The comments by Justice O’Connor, discrimination, a justifiable remedy is the contractor—or my amendment it should be noted, were concurred in to set a quantifiable goal whereby they would not order that the contractor by Chief Justice Rehnquist and by Jus- demonstrate as a way of undoing that have a set-aside program for people tice Anthony Kennedy. And it is a very discrimination that it no longer exists. who have never been discriminated important fact, as noted by the Court, The point is in my amendment I spe- against by him and may never have that the persistence of both the prac- cifically allow that with regard to set- been discriminated against by anyone tice and the lingering effects of race asides. else. discrimination against minority groups Mr. SPECTER. That would be a pref- Mr. SPECTER. Mr. President, that is in this country constitute an unfortu- erence. very interesting but not a response to nate reality, and Government is not The PRESIDING OFFICER. The Sen- my question. And with 10 minutes I disqualified from acting in response to ator from Washington. cannot engage in a dialog with the Sen- it. Mrs. MURRAY. Mr. President, I have ator from Texas. I must say, Mr. President, that on a number of speakers who want to I submit to the body that under the short order, the amendment offered by speak on my side. I would like to know standards articulated by the Senator the Senator from Washington cannot how much time is left on both sides. from Texas in the Adarand case, his really be considered appropriately, and The PRESIDING OFFICER. The Sen- amendment must fail because where at sufficient length either. But it is my ator from Washington has 18 minutes there is a preference based on action by hope that this body does not act sum- 45 seconds. The Senator from Texas has the Government, or where there is a marily and hastily in an effort to deal 32 minutes 39 seconds. preference based where a previous with the very important point involved Mrs. MURRAY. I would be happy to court order has not been complied here. let the Senator from Texas use his with, that is satisfied under Adarand. In the last few seconds that I have, time since I have a number of speakers. And Justice O’Connor goes on to let me ask the Senator from Texas one We do not have much time at this point out that in the Paradise Case, further question as to whether he point. United States versus Paradise, in 1987, would agree that a preference based on Mr. GRAMM. Mr. President, let me every Justice of this Court—that would race would be justified in the case of make a couple of points. And then, include Justice Scalia—agreed that the United States versus Paradise, where, since the distinguished Senator from Alabama Department of Public Safe- as noted, the Alabama Department of Washington has those here who want to ty’s ‘‘persuasive, systematic and obsti- Public Safety had a pervasive, system- speak, she can go ahead and allow nate discriminatory conduct’’ justified atic, and obstinate discriminatory con- them to do it. the narrowly tailored race-based rem- duct by consistently refusing to hire The distinguished Speaker of the edy. any African American, which a unani- House has endorsed this amendment. One of the difficulties, Mr. President, mous Court, including Justice Scalia, This amendment is expected to be of- in considering a matter of this com- said justified the narrow race-based fered to the defense appropriations bill plexity within the confines of a 2-hour remedy, whether the Senator from by Congressman GARY FRANKS, and the time limit is that it does not give near- Texas would agree that that is proper, principal cosponsor is the Speaker of ly enough opportunity to go into depth and that it is not within the confines of the House. What the Speaker of the on these very intricate issues. And I his amendment but in fact would be House is going to do, in addition to think it is worth noting that both the prohibited on the face of his amend- supporting this amendment, is to sup- Speaker of the House of Representa- ment. port other independent programs that tives and the majority leader of the Mr. GRAMM. Mr. President, if I are aimed at doing two things: No. 1, U.S. Senate decided not to take up this might respond, let me say that the case creating more opportunity; No. 2, re- complex question in this session until, that is referred to by our distinguished lentlessly pursuing the civil rights as the Speaker put it, there could be colleague from Pennsylvania has to do laws of the land. But it is clearly incor- other determinations made to help with quotas. My amendment has to do rect, and verifiably so, to say that the women and minority groups in Amer- with set-asides. So they are entirely Speaker of the House does not support ica. different subjects. this approach. In fact, he is a cosponsor The first notice I had of the amend- But let me say that I refer him to of the amendment that will be offered ment by the Senator from Texas was section B on the page where I specifi- by Congressman GARY FRANKS. Con- shortly before he presented it on the cally in my amendment provide a rem- gressman FRANKS and I have joined to- floor. It is a very, very complex mat- edy based on a finding of discrimina- gether on this effort.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10411 One of the distinctions that con- against, the courts have the power, crimination. This debate is sometimes tinues to be made, which is a distinc- under my amendment, to use a specific very difficult, and often very painful. tion that cannot sustain any rational set-aside to remedy it, but they cannot The issue of discrimination is too im- analysis, is an effort to say that some simply argue that they are part of a portant to be grist for the mill of par- people can be given preference without group that is given preference. tisan politics. We must examine the engaging in reverse discrimination What my amendment does is end set- methods of fighting discrimination, but against others. asides. What the amendment of the we should not question the goal of real- This, Mr. President, is falling back Senator from Washington does is cloud izing truly equal opportunity for all into this rhetoric barrage from the the issue by saying that contracts can- Americans. President yesterday where the Presi- not be given to people who are unquali- Affirmative action is one of our most dent gave a wonderful, passionate fied. effective means and best hopes for real- speech against discrimination in Amer- The issue is not that the bidder who izing that goal, and for rooting out bias ica. I could have given 90 percent of gets the contract is unqualified. The based on race and gender. that speech and have felt as passionate issue is when you have a set-aside, the The President said it best: ‘‘When as the President did. But when he got bidder who gets the contract is not done right, affirmative action works. It down to the heart of matter, this necessarily the best qualified. And that contributes to greater diversity in en- mumbo jumbo terminology comes into is a key distinction. That is why one vironments where none existed. It pro- effect. amendment is trying to end set-asides vides opportunity for individuals who And what the President said—and and why the other amendment is a ruse have been denied opportunity through what we have seen touched on here on to protect them, to foster and to con- hatred, exclusivity, and ignorance.’’ two occasions—is the following: I am tinue the unfairness that is imposed on Civil rights is and has always been a for giving some people preference. But the system. bipartisan issue in Congress. The Party I am not against creating—I am not for I reserve the remainder of my time. of Lincoln has produced many stalwart treating anybody else unfairly. I want The PRESIDING OFFICER. Who supporters of strong civil rights legis- yields time? to, in the process—it seems to me that lation: former Senators Everett Dirk- Mr. KENNEDY. Mr. President, civil our colleagues who oppose ending set- sen, Jacob Javits, Lowell Weicker, and rights remains the unfinished business Jack Danforth have led the way in the asides in America are saying—I want of America. We have taken very bold to give these groups preference because steps in recent decades toward racial past, and many of our Republican col- I believe that they deserve it either and gender equality, but discrimina- leagues carry on that distinguished based on past actions in the country or tion in this Nation persists, sometimes tradition today. based on the fact that in the big in very obvious forms, and sometimes, We must continue that bipartisan ef- scheme of things this is not that much in very subtle forms. fort in the ongoing battle against dis- money, but it is not my intention in The recent report of the Labor De- crimination in all its ugly forms. doing that to discriminate against any- partment’s Glass Ceiling Commission If there have been abuses of affirma- body else. highlights the many problems still en- tive action, then we need to review and That basically is what is being said. countered by victims of discrimination address those abuses. Every Federal af- That is a nonsensical statement, Mr. seeking to move up the ladder in firms firmative action program should be re- President, because if we have a con- across America. That study, which reviewed to determine whether it has tract bid and we have the five of us sulted from legislation sponsored by been effective or detrimental. who are here and we all have a bid on Senator DOLE, reported that 97 percent But we must be careful to protect the contract, and if Senator DOMENICI of the top executive positions in For- those programs that have worked and is given the contract because a pref- tune 1500 companies were held by white that continue to work well. erence is given to people from New men, who are just 43 percent of the President Clinton is right to broaden Mexico, when in fact the Senator from work force. set-asides, to oppose quotas, to reject Illinois has submitted the low bid, and According to U.S. Department of preferences for unqualified individuals let us say, to make the case as clear as Labor statistics, black and Hispanic and reverse discrimination, and to end possible, we are all qualified to do the men in 1993 were about half as likely as programs that have been unsuccessful. job, by the very act of giving Senator white men to be employed as managers And he is right to support the con- DOMENICI the contract, anyone who had or professionals and much more likely tinuation of a program that continues a lower bid than he did has been dis- to be employed as operators, fabrica- to make a difference in the lives of criminated against. tors, and laborers. Black and Hispanic those who would otherwise remain on The point is you cannot give pref- women were much more likely than the fringes of society, despite their erence to one group or to one indi- white women to be employed in gen- qualifications, their education, their vidual without discriminating against erally lower paid service occupations. hard work, and their integrity. Those another individual or group. This is the In the Nation’s largest companies, principles are the essence of the Mur- nonsensical position that the President only six-tenths of 1 percent of senior ray amendment, and I urge the Senate has sought to argue. management positions are held by Afri- to approve it. There is only one way to decide who can-Americans, four-tenths of 1 percent Long ago, our forefathers founded ought to get a contract in America, by Hispanic-Americans, three-tenths of this Nation with the fundamental and that way is merit. There is only a percent by Asian-Americans. White promise of equal justice for all. We as one way to fairly decide who gets a job, males make up 43 percent of our work a nation have not yet achieved that who gets a promotion, or who gets a force, but hold 95 percent of these jobs. promise, but we have taken bold steps contract, and that is merit. When you Only 9 percent of American Indians in toward its fulfillment. We must not re- decide it on any other basis, you are in- the work force hold college degrees. treat from that promise. herently unfair and you are inherently These are just a few statistics that Ms. MIKULSKI. Mr. President, I rise discriminating against people who indicate that a level playing field does to oppose the amendment offered by would have won the contest on merit. not exist in the American work force. Senator GRAMM to kill affirmative ac- Once you start doing this, you are Much remains to be done. We will not tion initiatives in Federal contracts, building unfairness into the system. eradicate race and gender bias in the and I support the second degree amend- We need to end set-asides. We need to work force by ignoring it—we must ment offered by my colleague, Senator be relentless in our pursuit of the continue our efforts to increase the MURRAY. equality of opportunity. You cannot participation of individuals who tradi- I oppose the Gramm amendment be- promote fairness by legislating unfair- tionally have been excluded. Only then cause we cannot walk away from the ness. We cannot correct the ills of the can we claim to be a nation of oppor- people in our society who have either country 10 years ago, 20 years ago, 200 tunity. Only then can our diversity been left out or pushed aside. We must years ago or even yesterday by writing truly become our strength. have tools to deal with persistent bias. the same unfairness into the law of the We are now in the midst of a signifi- Mr. President, the second degree land. If someone is discriminated cant debate over how best to fight dis- amendment is very clear. No Federal

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10412 CONGRESSIONAL RECORD — SENATE July 20, 1995 funds can go to any affirmative action Throughout America, growing and est African-Americans in our country. program that results in quotas, in re- pervasive economic insecurity has cre- The barriers are there for a great many verse discrimination or in hiring of un- ated immense anger and anxiety. We’ve people, and surety bonds are a good il- qualified persons. heard it all. Some say that minorities lustration. It makes very clear that affirmative and women are the problem. And so, I introduced a bill last session—I be- action programs must be completely many attack affirmative action. lieve I have introduced it again this consistent with the Supreme Court’s Everyone is afraid of losing their job, session—to say you cannot discrimi- recent Adarand decision. That decision being downsized or being left behind. nate in the issuance of surety bonds. says that affirmative action programs Blacks and whites, men and women Why, you would think a little bill like could be justified. are being pitted against each other— that would have no trouble at all. What The second degree amendment recog- most often for political gain. But, let’s a storm of opposition it got. nizes that the war against discrimina- be clear. Scapegoating takes us no- We have to make opportunity for tion is not won. It still exists today. where. people. Has anyone here ever heard of a And affirmative action is just one Look at how we all benefit from hav- country club that is all white and all tool needed to help win that fight. But, ing an inclusive society where every- male? Well, they are all over the place. other tools are needed too—education, one has the opportunity to achieve and We know it. And that is where a lot of employment, and Federal contracts. compete. Affirmative action has just business gets done. Mr. President, I support enforcing begun the process of opening up the Can affirmative action be abused? Of the law. That means no quotas because competition to everyone. course, it can be abused, like education they are illegal. That means no dis- Between 1982 and 1987, the number of and religion and a lot of other things, crimination because it is illegal—and women-owned businesses rose more but it is sound. totally unacceptable. than 58 percent. Mr. President, affirmative action is We are talking about opportunity. I And now we see more women and mi- heard my friend, Rev. Joseph Lowery, about persistent bias in our system, norities in law enforcement, fire- bias in our government agencies, and from Atlanta, on NPR yesterday. He fighting, skilled construction work, heads the Southern Christian Leader- unfortunately bias in the hearts of and as doctors, and lawyers. But, it’s many people. ship Conference. On affirmative action, not enough. he said those who resist, they push I’m talking about persistent bias Discrimination is still alive and well. against minorities, against women, and somebody outside; you have to stay out My constituents write me repeatedly in the rain all night. Then in the day- against economic empowerment. about discrimination in our Federal What do I mean when I say persistent time you invite them in, and they are Government agencies and right here in standing on the oriental rug and we bias? I mean when people are told our own U.S. Congress. throughout their lives ‘‘no’’ based on say, ‘‘Sorry, we cannot give you any Mr. President, We must provide an business because you are wet.’’ their race, gender, or ethnicity. opportunity ladder. The Gramm When they are told no you can’t go to We have to recognize that there have amendment cuts off that opportunity. been some abuses in our society. that school, no you can’t belong to You don’t have to sacrifice quality that club, no you can’t go to that col- when you pursue equality. Affirmative Let me just give you one example. lege, no you can’t have that job, no you action is not a guarantee for those who Today, the average woman who works can’t have that promotion, no you could not otherwise succeed. It’s sim- makes 72 cents as much as the average can’t have that salary. ply an opportunity to compete. I sup- male. That is not good. But it used to Persistent bias exists. The Supreme port giving everyone that opportunity. be 59 cents. That is progress. I have Court knows it. Statistics show it. And I’m going to fight for equality, fair- seen a lot of progress in our society, every day, someone in the United ness, and a merit-based society, with and if this is adopted, this is just one States feels it. step down the road to knocking out Mr. President, statistics prove that real opportunity structure so that people can make it, and the end of per- other affirmative action. persistent bias exits. The Glass Ceiling We all practice some affirmative ac- report shows the disparity against mi- sistent bias. We have to show people that we are on their side. tion. It is very interesting that in Sen- norities and women. ator GRAMM’s amendment, he accepts Black men with professional degrees Mrs. MURRAY addressed the Chair. The PRESIDING OFFICER. The Sen- that we are going to have affirmative earn 79 percent of what white men action for historically black colleges make with the same degree and in the ator from Washington. Mrs. MURRAY. Mr. President, I ask and universities. I applaud him for tak- same job. ing that step, but what is true for his- The report states that white men unanimous consent to add Senator DODD and Senator FEINSTEIN as cospon- torically black colleges and univer- make up 43 percent of the work force, sities ought to be true for women and but hold 95 percent of the senior man- sors of the amendment. The PRESIDING OFFICER. Without minorities who are in business also. agement positions. What we have to do in our society is And women and minorities who do objection, it is so ordered. make opportunity for people. The make it to the top, make less than Mrs. MURRAY. I yield 5 minutes to amendment offered by our colleague their male counterparts. Why is this the Senator from Illinois [Mr. SIMON]. from Washington moves on some of the the case? Persistent bias. Mr. SIMON. Mr. President and my abuses without saying let us stop doing It’s not just about race, it’s about colleagues, I thank my colleague from this. And make no mistake, if this is gender too. Washington for yielding. I rise in Exactly how far have women come? strong support of her amendment and adopted, there will be other amend- Only 5 percent of senior managers in in opposition to the amendment of the ments in the future. Fortune 2000 industrial and service senior Senator from Texas. When my friend from Texas says, companies are women. Let me give you a very practical ex- well, people can go to court and get Women are over 99.3 percent of dental ample. When I was in the State legisla- this resolved, let us say you are a small hygienists, but are only 10.5 percent of ture, a young African-American con- contractor and you cannot get a surety dentists. Women are 48 percent of all tractor just starting off wanted to do a bond. No. 1, you probably cannot afford journalists, but hold only 6 percent of little bit of curbing work at Scott Air to go to court. No. 2, going to court the top jobs in journalism. And it’s Force Base. He could not get a bond. I sounds like an easy remedy —and I see 1995. went to bat for him. I could not believe I am getting the look from the Pre- Mr. President, with facts and statis- the barriers that were there for this siding Officer here now—but the reality tics like these, the need for affirmative person to get a surety bond so he could is that it is just not a realistic option. action programs is crystal clear. get a construction job. The Gramm amendment should be de- I’m against discrimination. Every- We finally, after screaming and hol- feated. body else says they are too. But the lering, broke through, and he built up The PRESIDING OFFICER. The time problem is that many people don’t a business and eventually moved to At- of the Senator has expired. practice what they preach. lanta and became one of the 10 wealthi- Who yields time?

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10413 Mrs. MURRAY. Mr. President, I yield And I have 16, 20 words. We will fix it be spending under this bill can be used 5 minutes to the Senator from New all up.’’ for the purpose of granting contracts Mexico. My friend from Texas is a great that are awarded in total or in part Mr. DOMENICI. Mr. President, Sen- wordsmith and I have great respect for based on race, color, national origin or ator GRAMM knows that I hold him in him. But I submit to him this is not gender. high respect, but frankly I do not think the way to do business. I will not con- My amendment clearly allows for an this is the way we ought to handle a vince him because he is convinced that outreach program. The Government matter of this importance. Everybody this is a most important issue. And for can spend any amount of money, help- that is speaking tonight in the Cham- that, I admire him. He has always spo- ing people learn how to bid, helping ber obviously is well motivated, but ken his piece. But this is not the way people to get to the site of the bidding, from my standpoint there is an awful to address this issue in the United helping people put together their bid. lot of discussion in the Chamber that States of America on an hour’s notice But, under this amendment, once the ignores reality. on an appropriations bill about the leg- bids are offered, the contract has to go The reality is that the U.S. Supreme islature of the United States and how to the most qualified contractor. The Court, while it said we have to do these we pay for it. And we ought not do it. contract cannot be given to someone things differently, acknowledged that Both amendments ought to be de- on the basis of preference rather than there is discrimination in the United feated. And we ought to pass a legisla- on the basis of merit. The amendment States. I believe there is. I believe we tive appropriations bill tonight. is drafted so as to allow the courts to are doing better. And clearly we are I yield the floor. grant a specific remedy when a person better than we were 100 years ago and Mrs. MURRAY addressed the Chair. is discriminated against. Now let me better than 50 years ago. The PRESIDING OFFICER. The Sen- touch on several other issues that have Mr. President and fellow Senators, ator from Washington. been raised by other speakers before I there is no question that this is an im- Mrs. MURRAY. Let me thank my yield the floor. portant issue—discrimination. And to colleague from New Mexico. And I No. 1, there have been abuses in the come to the floor on an appropriations agree with him we should not be legis- past. No one disagrees with that. No bill, no public hearings that I know of, lating on this appropriations bill. As one could live in America and not unno committee hearings that I am aware the ranking member on this com- derstand that there have been abuses of, and to suggest that on each appro- mittee, I did not chose this evening and in the past. The point is, by legislating priations bill we are going to tailor this time to have this debate. It was abuses and unfairness in the present some way to get rid of affirmative ac- certainly brought before us by the Sen- and in the future, do we correct the un- tion in the United States, in my opin- ator from Texas. And under that I of- fairness of the past? Do two wrongs ion, is as apt to miss the point as it is fered my amendment to second degree make a right? If two wrongs make a to solve anything. it. I am not afraid to debate this. But right, then the adage we learned as Frankly, in the United States of I agree with you. It should not be done children must be incorrect. America, we cannot rely solely upon on a legislative appropriations bill. Second, a point was made it is dif- the discrimination laws of this land to I thank the Senator. ficult for some contractors to go to bring equity and fairness to Americans. Mr. GRAMM addressed the Chair. court. That is equally true for contrac- In fact, many of us would stand up and The PRESIDING OFFICER. The Sen- tors who are discriminated against by say society is already overburdened by ator from Texas. set-asides. antidiscriminatory legislation and that Mr. GRAMM. I could not disagree The Senator claims to be offering an there ought to be a better way to bring with my colleague more strongly. We amendment as an alternative to mine, some equity into this system. are getting ready to spend billions of which says that programs cannot be Now, I am a staunch proponent of dollars in the first appropriations bill awarded to unqualified persons. The capitalism, but I tell you, to come to of this year. The American people have issue here is not whether the person the floor and say that the capitalist debated this issue. The President of the who gets the contract is qualified, the system will break down if everything is United States spoke at great length on issue is, are they the best qualified? not based on competition and merit, is it yesterday. It has been an element in The fact that the Court said under to ignore reality. the platform of my party for over a Adarand that certain types of quotas There is plenty of rule and regulation quarter of a century. could be allowed under the Constitu- of the capitalist system that sets apart This is an issue which is well under- tion does not mean that the Court said many things that are not based upon stood and it is not complicated. The they have to be used. We are able to set either merit or competition. And the issue here is, should we have con- by law whether we want quotas or not. truth of the matter is we ought to find tracting through the Federal Govern- And I do not want them. We are able to a way to comply with the Supreme ment, in this case through the legisla- set by law whether we want set-asides Court’s decision and do something tive branch of our Government, that or not. And I do not want them. I think about discrimination from the stand- part that we control directly—should merit is the only fair way to decide point of opportunity. Not from the we be letting contracts as a Congress who gets a contract in America. And standpoint of going to court to enforce not on merit but rather on race, color, the fact that the Adarand case said one’s rights. national origin, or gender? that it is constitutional for Congress to And I submit we can find some ways. I say no. The American people say, have very narrowly focused set-asides It certainly is not what we are doing overwhelmingly, no. And if we let these does not mean that the Court said Con- today. And it is not what either of appropriations bills pass without end- gress has to have them. It simply said these amendments will accomplish in ing set-asides, then we are continuing a that it would allow them to stand my opinion. practice that the American people under the Constitution. But no one The Senator from Washington yield- clearly rejected in the 1994 election, questions that we have the right to ed time to me, and I will say to my and that, by huge a majority, the limit them. good friend, I was not for her amend- American people want fixed. Quite frankly, my amendment does ment either. It is too difficult to under- This is not an amendment that was not totally ban set-asides. In the case stand. We ought not be debating it here born out of thin air. This is the amend- where a subcontractor or a contractor at 9:20 with 10 or 15 minutes per speak- ment that has been worked on by can prove that they were discriminated er. This is an important issue, really. many, many people. It is a joint effort against in the past, on the basis of that And perceptionwise, it is a gigantic that I have undertaken with Congress- proof a set-aside could be used to rem- issue. And I do not know why we have man GARY FRANKS in the House. His edy a specific wrong which is proven. to do it this way. I do not know why we cosponsor is NEWT GINGRICH and the The idea that some have argued here have to say to the millions of Ameri- amendment is supported by the entire is that we have a pure system of cap- cans who are worried about discrimina- House leadership. And what the amend- italism that breaks down when there tion, ‘‘It is just plain and simple. There ment says is very, very simple. It says are impurities in it—I make no such is nothing to it. Just come to the floor. that none of the money we are going to argument tonight. America can survive

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10414 CONGRESSIONAL RECORD — SENATE July 20, 1995 set-asides. America has survived Mrs. MURRAY. Will the Senator and a half, with an amendment thrown quotas and set-asides for 25 years. I from Texas yield for a question on his up this evening, that we are going to never cease to be amazed that our sys- time? solve this problem once and for all, I tem overcomes not only the illness but Mr. GRAMM. How much time does think is terribly, terribly shortsighted. the absurd prescription of the doctor. the Senator have? So I urge my colleagues this evening, It survives not only the natural prob- The PRESIDING OFFICER. The Sen- whether you agree philosophically with lems we have, but the problems we im- ator from Texas has 16 minutes, 52 sec- the Senator from Texas or not, this pose on ourselves. But the point is, do onds, and the Senator from Wash- amendment ought to be rejected, and we want to continue to allocate con- ington, 8 minutes, 45 seconds. the people, through this body and the tracts in America, spending the tax- Mr. GRAMM. Mr. President, if the legislative process, can decide what payers’ money, on a discriminatory Senator uses her time up, I will, at best action we ought to take. basis or do we want to demand merit? that point, yield for a question. Mr. President, let me say for my I want to demand merit. The PRESIDING OFFICER. Who part, I happen to think that affirma- Final point. This is not a difficult yields time? tive action in this country has made us issue to understand. And I want to em- Mrs. MURRAY. Mr. President, I yield a stronger, a better, a richer nation, phasize this one more time because I 5 minutes to the Senator from Con- because we have reached out to people. am certain that there will be those necticut. Merely look in your own neighborhoods when the vote is cast who will look at The PRESIDING OFFICER. The Sen- and communities and recognize today the Murray amendment and say, well, I ator from Connecticut. what a better country this is than it voted to fix this problem. But the issue Mr. DODD. Mr. President, I may not was even 2 or 3 decades ago when major here is very simple. Under my amend- take all 5 minutes because I know oth- portions of our population were denied ment we ban set-asides based on race, ers want to be heard as well. public access to basic facilities. color, national origin, or gender, pe- If he had not said it, I think I would We are not talking 100 years ago. We riod. Under the substitute amendment have said it. I want to commend our have come a long way as a people. The which is going to be voted in sequence, colleague from New Mexico this great strength of our country is our di- what it bans is granting an award to an evening for his comments. I will sup- versity, and we need to grope and fig- unqualified person. The issue in set- port the Murray amendment, which is ure out how we can constantly be more asides is not that the person who gets the one distinction, and I do that be- inclusive. That is our strength. It is the contract is unqualified, the issue is cause I think having an alternative is not our weakness. that they are not necessarily the best necessary. Too often when people address this qualified. Is it fair to give a contract to Frankly, as the Senator from Wash- issue, they appeal to the emotions of a qualified person when another person ington and the Senator from New Mex- people. There are people who are trou- is better qualified? If you have two ico have said, we ought not to be con- bled today, worried, frustrated about qualified builders, and one submits a sidering any of these amendments. I jobs and their families and their fu- bid for $100,000 and one submits a bid say, with all due respect to my col- tures, and it is so easy to come along for $200,000, is it OK to give the con- league from Texas, that it was once and to point to some problem as the tract to the one who bids $200,000 sim- said by some sage that for every com- reason for their difficulties and then to ply because they are qualified? plex problem, there is oftentimes of- appeal to those emotions. This is not a The point is, and I am very proud of fered a simple solution, and it is usu- time for that. We need to figure out to- the fact that nobody here has claimed ally wrong. gether, in this body and elsewhere, in that in opposing my amendment, they With all due respect, I suggest to my the private sector and public sector, are doing anything other than sup- friend from Texas that people have de- how we can come together and help ad- porting set-asides, period. That is what bated and discussed and thought about dress this difficulty. the issue is. this issue for a great deal of time on This is not the way to go about this. There is going to be one real vote on how we try and deal with what the Sen- This is not the answer, no matter how one real amendment. If you are against ator from New Mexico has very appro- appealing the language may be. This is set-asides in contracts and you want a priately and properly said, regretfully, not going to help us solve our prob- merit system, then you want to vote deeply so, there is still racism in our lems. It divides us, and that is not for my amendment. If you are not country, there is still discrimination what we ought to be about in the U.S. against set-asides, you want to vote based on gender. Anyone who thinks ‘‘no.’’ If you simply believe that we Senate. We ought to be seeking the otherwise is living on a different planet ought to continue discrimination writ- common ground that the President than I am. That is a fact. talked about the other night and that ten into the law of the land, as long as No one has yet come up with a per- the person who is getting the privilege the Senator from New Mexico ad- fect solution as to how we solve these is qualified, even if they are less quali- dressed in his brief remarks. problems. The Senator from Wash- fied, even if they have a higher bid on The Senator from New Mexico is ington has offered something on which their contract, then you could find the right; this is not the time or the place. I think all of us agree. Maybe we ought Murray amendment acceptable. But There is a place, there is a time, but to this evening support that amend- this is a very clear issue. I think every- this is not the answer to it. So I urge ment, because I hear the debate all the body understands what it is about. my colleagues to reject the amend- Again, when we are spending money time about quotas and reverse dis- ment. is the time that we ought to talk about crimination. Her amendment at least The PRESIDING OFFICER. Who the conditions under which it is going puts us on record on those issues. I yields time? to be spent. If my amendment is adopt- think that is worthy of support. Mr. GRAMM addressed the Chair. ed, every contract that we let through We had the President yesterday give The PRESIDING OFFICER. The Sen- the legislative branch of Government a major speech on this issue. He has ator from Texas. will be done on merit, and the con- been under significant pressure for Mr. GRAMM. Mr. President, let me tractor with the highest quality work some months to come up with some just respond very briefly. I do not and the lowest price will get the con- ideas and solutions on how we might think there is anyone here who argues tract. That is the only fair way to do address the issue of affirmative action. that there is no racism in America or it. The American people support it. It Whether or not you agree with every- that we do not have any discrimination is the American way, and I think it is thing he said in his speech, he has laid today. I think we all know that, thank time we get back to it. out a roadmap, a plan on how we might God, there is not as much as there used I reserve the remainder of my time. deal with these issues. to be, but if there is any, and there The PRESIDING OFFICER. Who I think it is only fitting and proper clearly is, it is too much. yields time? that we in this body at least exercise a The point is, however, that we cannot Mrs. MURRAY addressed the Chair. modicum of the same degree of delib- correct unfairness in America by mak- The PRESIDING OFFICER. The Sen- eration as we look at these issues. To ing unfairness the law of the land. We ator from Washington. suggest in the space of an hour or hour cannot correct injustices of the present

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10415 or the past by legislating injustice in I did not choose this bill. This bill not pursue equality of opportunity by the present to carry us into the future. happens to be the first appropriations legislating bias, by legislating dis- The point is that any time people are bill that came up. But I think the good crimination, by legislating unfairness. judged on the basis of anything but thing about choosing it is we begin by The American way is merit. No other merit, it is unfair. That is our defini- practicing what we preach, because all way is acceptable. It is not an issue tion of discrimination. That is our defi- the other appropriations bills have to about money. It is an issue about prin- nition of prejudice. do with the executive branch of Gov- ciple because it goes to the very heart What we are doing with set-asides is ernment. of who we are as a people and what we legislating discrimination into the law So what I am saying here is that any stand for. of the land, the idea being that if contract let, whether we are doing con- I yield the floor. wrongs have existed, if wrongs exist struction work on the Capitol, or Mrs. MURRAY. I have one quick ad- today, that somehow we can correct whether we are doing work at the Li- ditional question. Would the Senator them by making another wrong the law brary of Congress, or whether we are yield? of the land. I reject that. I think that doing work at the Congressional Re- Mr. GRAMM. How much time re- is faulty logic, and making unfairness search Service, or whether we are mains? the law of the land, it seems to me, building the new dorm for pages—a The PRESIDING OFFICER. The Sen- simply holds the system up as being dorm that I did not even know existed, ator from Texas has 8 minutes 36 seconds. The Senator from Washington corrupt. which is why I always vote against this has 4 minutes. Second, I want to make it clear that bill, because there is always something Mr. GRAMM. I will yield for one last I have not used the term ‘‘affirmative in these legislative appropriations—or question. action’’ once in this debate, and I never has been until this year, and I have Mrs. MURRAY. I just wanted to use the term ‘‘affirmative action.’’ more confidence now than in the past— know if veterans preferences were ac- When Lyndon Johnson chose the term that I do not know about. So what this ceptable to the Senator. ‘‘affirmative action’’ in 1965, it is clear would say is, to give you an example, Mr. GRAMM. A veterans preference to me that he chose it for one and only in the subcontracting or the con- is a preference we have set out in law one reason: Nobody knew what it tracting on the page dorm, that con- as an inducement for people to serve in meant. And it is equally clear that no- tracts have to be let on a merit basis. the military. It is part of the reward body knows what it means today. They cannot be let on the basis of a that they get for service. Any Amer- I have sought to deal with one issue, set-aside, clear and simple. ican can join the military if they can set-asides, the granting of contracts on Mrs. MURRAY. Will the Senator fur- meet the mental and physical require- the basis of something other than ther yield for a question? ments, and in doing so, they know as merit. I make it very clear in the Mr. GRAMM. I will yield for one last part of their package that they not amendment, something that I have question. only get the pay, they not only get the worked on with Members of the House Mrs. MURRAY. I appreciate that be- retirement, but they get a veterans and the Senate and outside groups, cause I wanted to ask the Senator this. preference in terms of public employ- that there is nothing in this amend- Under the legislative branch appropria- ment. ment that prohibits outreach, that pro- tions in fiscal year 1995, the Library of It is perfectly reasonable that our hibits recruitment. Congress awarded five contracts for a Nation has set out a goal of encour- The legislative branch of Govern- total of $10 million that would be af- aging people to join the military, and ment could spend an unlimited amount fected by your amendment. Out of, I many people have taken the oppor- of money trying to get people to bid on believe it is, well over $266 million tunity to serve. In fact, the veterans contracts, trying to help them bid, try- total contracts, only five of those preference now brings diversity to the ing to outreach to them, trying to would be affected by your amendment. Federal Government. It is a preference school them, trying to be of assistance I am curious as to why you are ap- that promotes the very objectives that to them. All of that is perfectly allow- proaching that for such a minute num- our colleagues claim they want. But it able under this amendment. But where ber on this appropriations bill. is an objective that is promoted this amendment draws the line is that Mr. GRAMM. The Senator has said through service. It is an earned benefit. once the contracts are submitted, you that under SBA there are only $8 or $9 That is the distinction. cannot decide who gets the contract on billion of set-asides. But my response is The PRESIDING OFFICER. Who the basis of race, color, national origin, that this is a matter of principle, it is yields time? or gender. You have to decide it on not a matter of money. It is a matter Mrs. MURRAY. I yield 2 minutes to merit. That is the American way of of principle. The principle is, if it were the Senator from Minnesota. doing things. Any other way is inher- one nickel, if it were one penny, do we Mr. WELLSTONE. Thank you, Mr. ently unfair, is inherently discrimina- want to be on record in the greatest de- President. I guess that having 2 min- tory, and it is discrimination written liberative body in the history of the utes really proves the point that Sen- into the law of the land. world, in the greatest democracy that ator DOMENICI from New Mexico made I yield the floor. the world has ever known, saying that earlier with a considerable amount of The PRESIDING OFFICER. Who we want money we expend—in this case eloquence. This is an important, really yields time? on legislative branch activities—spent fundamental issue that goes to the core Mrs. MURRAY. Will the Senator in a discriminatory way? of who we are as a people and a society. yield for a question at this time? So you can argue that there were It really should not be debated tonight Mr. GRAMM. Yes, I will yield. only $10 million of contracts here and on an appropriations bill—the legisla- Mrs. MURRAY. I thank the Senator. $8 billion there, and there may have tive appropriations bill. I wanted to ask the Senator specifi- been some in subcontracts. But the I guess about all I can say in 2 min- cally about his amendment. Obviously, point is not the money. The point is utes is that I wish it was the case when we are dealing with the legislative the principle. This is not a complicated I visit hospitals—now being a grand- branch appropriations here. What pro- issue. This is something we should be father with two small grandchildren— grams funded under legislative appro- doing because the principle is as clear that I could look at a child and feel re- priations are there that concern the as the morning Sun. assured that that child, regardless of Senator and that brought this amend- Should contracts be let on merit? Or gender, or regardless of race, or regard- ment to us at this time? should they be let on a system of pref- less of disability, would have the same Mr. GRAMM. Mr. President, reclaim- erence? In America, do we have com- opportunity. That is called equality of ing my time to respond, we have, petition among individuals? Or do we opportunity. I am the son of a Jewish throughout our appropriations process, have competition among groups? That immigrant from Russia, and I think through Executive order and through is the issue here. It is a very funda- that is one of the most important prin- law, set up a system where routinely mental issue. It is a very simple issue. ciples to me in our country, which is contracts are granted on a nonmerit I want to be relentless in our pursuit why I love our country so much. But, basis. of equality of opportunity, and we can- Mr. President, that is not the case.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10416 CONGRESSIONAL RECORD — SENATE July 20, 1995 I think that we ought to think long tracts—that the letting of those con- Whether it is employment, or con- and hard before we pass an amendment tracts will be on a fair, competitive tracting, or any other federally con- which, I believe, is very extreme, and I basis, where merit will be the deter- ducted program, our Government in believe that its effect—I do not know mining factor. Washington should work to bring its about purpose—turns the clock back a This is not a revolutionary idea. Al- citizens together, not to divide us. Our good many decades. I think it would be though, I guess in a sense it is a revolu- focus should be protecting the rights of a profound mistake for us to support tionary idea. It is the most revolu- individuals, not the rights of certain the Gramm amendment. I think that tionary idea in history. It is the Amer- groups. the Murray/Cohen/Daschle/Moseley- ican idea. It is the American ideal. The amendment offered by my distin- Braun amendment, if we are going to Merit should be the basis of selection guished colleague from Texas is con- have this debate tonight, should and and award. That is what my amend- sistent with the approach embodied in must be the prudent middle ground for ment says. the bill I will be introducing next us. The amendment which is offered, the week. And of course, I look forward to Mr. GRAMM. Mr. President, for 30 alternative, says that you should not working with him as well with all of years we have had unfairness built into give contracts to people who are not my colleagues on both sides of the the law of the land. I am trying to turn qualified, but that begs the question of aisle. the clock forward to the future, where whether someone else was better quali- Rather than the piecemeal approach not only do we have a goal of equal op- fied. Merit is what I seek in this of amending each of the appropriations portunity and merit as a nation, but amendment. If you believe in it, I bills, I would prefer to address this that our laws reflect it. think you should support the amend- very, very important issue more thor- In terms of what we all wish when we ment. If you support set-asides, I be- oughly and as a separate matter—and see our children, I think we all hope for lieve you should vote against my that’s the point of my bill—to serve as them a society where ultimately merit amendment and you should vote for a starting point for this discussion. triumphs. We have heard a lot tonight the amendment of the Senator from This legislation may not be perfect, about problems in America’s past, and Washington [Mrs. MURRAY]. but it is my hope that it can act as the there are a lot of them. But I think, I reserve the balance of my time. basis for a serious, rational, and, yes, Mrs. MURRAY. Mr. President, how also, we have to give ourselves credit. optimistic dialog on one of the most America is the greatest, freest country much time is remaining? The PRESIDING OFFICER. The Sen- contentious issues of our time. in the history of the world. Since our ator from Washington has 2 minutes Of course, our country’s history has colleague brought up looking at his and the Senator from Texas, 3 minutes. many sad chapters—slavery, Jim Crow, grandchildren and thinking about their Mrs. MURRAY. I yield 1 minute to separate but equal. And, of course, dis- future, let me conclude on that remark the Senator from Illinois. crimination persists today. We do not by talking about America in action. Ms. MOSELEY-BRAUN. Thank you live in a color-blind society. I under- My wife’s grandfather came to this very much, Mr. President, and I thank stand this. country as an indentured laborer to the Senator from Washington. I will be But, Mr. President, fighting discrimi- work in the sugarcane fields in Hawaii. very brief. nation should not be an excuse for I do not know whether they let him The Senator from Texas keeps refer- abandoning the color-blind ideal. The vote during that period or not. But ring to two wrongs not making a right. goal of expanding opportunity should they certainly let him work, and he We all know that the first wrong which not be used to divide Americans by worked off that contract. he refers to, the history as well as the race, by gender, or by ethnic back- His son, my wife’s father, became the present experience that we had in this ground. Discrimination is wrong, and first Asian American ever to be an offi- Nation, was discrimination. preferential treatment is wrong, as cer of a sugar company in the history Let me submit to everyone who is lis- well. of Hawaii. Under President Reagan and tening, the second wrong is not affirm- So, Mr. President, our goal should be President Bush, his granddaughter, my ative action. It is not our effort to fix to provide equal opportunity—but not wife, became chairman of the Com- that tragic legacy. The second wrong through quotas, set-asides, and other modity Futures Trading Commission, lies in this amendment in shutting the group preferences that are inimical to where she oversaw the trading of all door, closing down the small efforts, the principles upon which our country commodities and commodity futures, the small steps we have taken, to rem- was founded. including the same sugarcane her edy, to provide for opportunity, to give A relevant civil rights agenda means grandfather came to this country to people a shot, to give people a chance. conscientiously enforcing the anti- harvest so long ago. I say to my colleagues, as someone discrimination laws. It means outreach That is not the story of an extraor- who is both minority and female, I am and recruitment. And it means knock- dinary family. That is the story of a not comforted at the notion that by ing down regulatory barriers to eco- very ordinary family in a very extraor- getting rid of affirmative action any- nomic opportunity, including repeal of dinary country. I want every child born body is doing me a favor. So I encour- the discriminatory Davis-Bacon Act; in this country to have the same oppor- age my colleagues to defeat the amend- enacting school choice programs for tunities that my wife’s grandfather had ment from the Senator from Texas. low income innercity families; and when he came to America. But we are f fighting the scourge of violent crime not going to grant those opportunities that is unquestionably one of the big- UNANIMOUS-CONSENT AGREEMENT by writing unfairness into the law of gest causes of poverty today. the land. We are not going to fix prob- Mr. MACK. Mr. President, I have a This is the agenda upon which lems and unfairness in the past by consent agreement that has been ap- dreams can be built—and it is an agen- writing unfairness into the law. proved on both sides of the aisle on a da that this Congress should be relent- There is only one fair way to decide matter other than this bill. lessly pursuing. who gets a job, who gets a promotion, Mr. DOLE. Mr. President, as some of and who gets a contract. That fair way my colleagues may know, I am in the f is merit, and merit alone. process of preparing legislation that is What my amendment tries to do is go designed to get the Federal Govern- UNANIMOUS-CONSENT REQUEST— back to merit. This is not a sweeping ment out of the business of granting H.R. 1944 amendment. This amendment applies group-preferences. I will be introducing Mr. MACK. Mr. President, I have a to this bill, this year. What this this legislation next week. consent agreement that has been ap- amendment says, very simply, is this, This legislation will stand for a sim- proved on both sides of the aisle on a that in letting contracts—it does not ple proposition—that the Federal Gov- matter other than this bill. apply to contracts that already are in ernment should neither discriminate I ask unanimous consent that fol- existence, but on the contracts that we against, nor grant preferences to, indi- lowing the disposition of the legisla- will enter into through the funds that viduals on the basis of race, color, gen- tive appropriations bill, the Senate we appropriate this year, new con- der, or ethnic background. turn to

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10417 the consideration of H.R. 1944 and it be does anyone believe, that any two peo- So the amendment (No. 1827) was considered under the following agree- ple are born equal. No one believes that withdrawn. ment: the playing field is level. The PRESIDING OFFICER. The vote One amendment in order to be offered If the mother of the Senator from is on amendment No. 1825. by Senators WELLSTONE and MOSELEY- Maine loved him and my mother did The Democratic leader. BRAUN regarding Education Funding/ not love me, no law can ever make us Mr. DASCHLE. Mr. President, I want Job Training and LIHEAP, on which equal. I do not know how much prop- to use just a couple of minutes of my there be a division, and each of the two erty the father of the Senator from leader time to comment on the pending divisions be limited to 1 hour, to be Maine owned when he was born as com- matter prior to the vote. I will be very equally divided in the usual form with pared to any other Member. Society brief. all time being used tonight except for cannot guarantee equality, except in Since the days of the New Deal, our 30 minutes under the control of Sen- one way, and it is what Abraham Lin- Government’s goal has been to expand ator WELLSTONE; and that at 10:20 a.m. coln called a fair chance and an open opportunity, to give more Americans a the managers be recognized to utilize way. There is no legislative remedy to fair chance to succeed, to open doors, 10 minutes for debate to be followed by an unlevel playing field other than lev- not to close them. Senator WELLSTONE to be recognize for eling it in the future so that people can Affirmative action has been a bipar- his 30 minutes of debate, to be followed compete. Because there have been tisan part of that goal for 30 years, by a vote on a motion to table the first wrongs in the past does not justify since the days of the civil rights revo- Wellstone division, and that following making those wrongs the law of the lution. that vote, the majority leader be recog- land in the future. President Johnson issued the Execu- nized to place the bill on the Calendar, I believe that merit does not hold tive order which authorizes programs and if that action is not exercised, the people down. Merit liberates people. of affirmative action. President Nixon Senate then proceed immediately to a I think we are down to a moment of greatly expanded and strengthened vote on a motion to table the second decision. I want to use my final mo- that Executive order 5 years later. For Wellstone division and that following ments in defining what I have offered, more than 30 years, Members of the that vote the majority leader be recog- a very limited amendment that says on Congress, Republicans and Democrats nized to exercise the same right with this bill, this year in the Congress in alike, all supported the policy. respect to placing the bill on the Cal- congressional spending, that we will In 1986, when President Reagan’s ad- endar, and if that action is not utilized provide under this appropriation that visors were urging him to repeal that the Senate proceed immediately to a contracts cannot be let on any basis Executive order, 69 Members of the vote on passage of H.R. 1944. other than merit. Senate, Republicans and Democrats Mr. WELLSTONE. Reserving the Nothing in my amendment limits alike, joined in a letter to the Presi- right to object. outreach, limits recruitment, nothing dent urging that he resist that advice. Ms. MOSELEY-BRAUN. Mr. Presi- in my amendment overturns an exist- In 1991, 4 years ago, the Congress en- dent, I object. ing contract, nothing in my amend- acted the Civil Rights Act of 1991, re- The PRESIDING OFFICER. The ob- ment overturns a court order or pre- versing Supreme Court rulings which jection is heard. vents the court from issuing an order undermined fundamental civil rights— Mrs. MURRAY. Mr. President, how in the future to remedy a specific prob- and part of the bill included the Glass much time is remaining? lem. Ceiling Commission, to study why The PRESIDING OFFICER. One What my amendment seeks to do is women, who are 45 percent of the work minute, 6 seconds. to bring back to America, and in this force are less than 5 percent of top Mrs. MURRAY. I want to thank all of particular bill, legislative branch management in the private sector. my colleagues who have come to the spending, the concept of merit. The al- Just 1 year ago, the full Senate, Re- floor tonight to speak so eloquently for ternative which is offered by the Sen- publicans and Democrats alike, with- equal opportunity. out a single dissenting voice, voted to I yield my remaining time to the ator from Washington simply says that contracts have to go to qualified per- establish a Government-wide goal of 5 Senator from Maine, Senator COHEN. Mr. COHEN. Mr. President, at the sons. That is not the issue, Mr. Presi- percent of contracts for women-owned heart of the amendment of the Senator dent. The issue is not that the person businesses. from Texas is that everything should who gets a discriminatory contract is If affirmative action was needed 9 be decided on merit. That makes the unqualified. The issue is that they are years ago; if a study of women’s work- assumption that we are all starting off not the best qualified candidate. The place role was needed 4 years ago; if a on a level playing field. That makes issue is they did not submit the lowest Government-wide goal for women- the assumption that we all have equal bid or the best value. owned businesses was a good idea 1 opportunity and we are born with that There is only one fair way to decide year ago—then those who now, sud- equal opportunity. who gets a job, who gets promoted, and denly oppose all affirmative action, all That completely ignores what is a re- who gets a contract. That is merit. goals, all efforts to study the makeup ality of our lives—that not everybody That is what I am trying to bring back of our work force, have a responsibility has an equal opportunity, not everyone to this individual appropriation bill. to explain to the American people what has equal access to education, not ev- If you oppose set-asides, and a huge has changed. eryone has the same opportunity to percentage of the American people do, In fact, not much as changed. Our break through various barriers. then I urge Members to vote for my goal is a colorblind society. But identi- There is the assumption that every- amendment and vote against the Mur- fying a goal and reaching it are two thing is decided on merit. If that is the ray amendment. The Murray amend- different things. case, why do we have laws against moment simply precludes giving contracts We have not yet reached that goal, nopolies? Why do we just not say the to people who are not qualified. My and until we do, the amendment of the company that gets the biggest, that amendment requires giving contracts Senate from Texas should be voted provides the most for the least should to people who are the best qualified. down. It is an effort to divide people, prevail in every case? Why do we need That is the test of merit. Not that the not to find common ground. It is a po- to break up monopolies if everything is loser of the competition has no merit; litical effort, and it deserves to fail. to be decided on merit? it is who has the most merit. That is I yield the floor. We have law to prevent that because the issue. VOTE ON AMENDMENT NO. 1825 we understand that not everyone is The PRESIDING OFFICER. Time has The PRESIDING OFFICER. The treated equally in the marketplace. expired. question is on amendment No. 1825. The PRESIDING OFFICER. The Sen- Mrs. MURRAY addressed the Chair. Mr. GRAMM. Mr. President, I ask for ator from Texas has 3 minutes and 20 AMENDMENT NO. 1827 WITHDRAWN the yeas and nays. seconds. The PRESIDING OFFICER. Under The PRESIDING OFFICER (Mr. Mr. GRAMM. Let me begin with the the previous order, amendment No. 1827 DEWINE). Is there a sufficient second? last point. No one has ever argued, nor is withdrawn. There is a sufficient second.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10418 CONGRESSIONAL RECORD — SENATE July 20, 1995 The yeas and nays were ordered. then have the Wellstone-Moseley- [Rollcall Vote No. 318 Leg.] The PRESIDING OFFICER. The Braun amendments and do it all to- YEAS—84 clerk will call the roll. night. We are not going to add any Abraham Feinstein McConnell The assistant legislative clerk called more time in the morning. We have Akaka Ford Mikulski the roll. been trying to put this together for 3 Baucus Frist Moseley-Braun Bennett Glenn Moynihan Mr. LOTT. I announce that the Sen- weeks. I have been here a long time. I Biden Gorton Murkowski ator from Missouri [Mr. ASHCROFT] and have never been so frustrated in my Bingaman Graham Murray the Senator from North Carolina [Mr. life. So if they want to stay here to- Bond Grams Nickles FAIRCLOTH] are necessarily absent. night and keep everybody else here half Boxer Grassley Nunn Bradley Gregg Packwood Mr. FORD. I announce that the Sen- the night, I am prepared to offer the re- Breaux Harkin Pell ator from Hawaii [Mr. INOUYE] is nec- scissions package as an amendment as Brown Hatch Pressler essarily absent. soon as we complete the next vote. If Bryan Hatfield Pryor The PRESIDING OFFICER. Are there Bumpers Heflin Reid they are prepared to enter the agree- Campbell Helms Robb any other Senators in the Chamber ment we thought we had, we are pre- Coats Hollings Rockefeller who desire to vote? pared to do that. So we can think it Cochran Hutchison Roth The result was announced, yeas 36, over during this vote, and I am pre- Cohen Johnston Santorum Conrad Kempthorne Sarbanes nays 61, as follows: pared to offer the amendment right Coverdell Kennedy Shelby [Rollcall Vote No. 317 Leg.] after this vote. Craig Kerrey Simon YEAS—36 Mr. STEVENS addressed the Chair. D’Amato Kerry Simpson The PRESIDING OFFICER. The Sen- Daschle Kohl Snowe Abraham Gorton Lugar DeWine Lautenberg Specter Bennett Gramm Mack ator from Alaska. Dodd Leahy Stevens Brown Grams McCain Mr. STEVENS. I informed the man- Domenici Levin Thomas Burns Grassley McConnell ager of the bill I did have an amend- Dorgan Lieberman Thurmond Byrd Gregg Murkowski Exon Lugar Warner Coats Hatch Nickles ment on OTA. Feingold Mack Wellstone Coverdell Helms Pressler I would call the attention of the Sen- Craig Hollings Shelby ate to the fact that the bill which has NAYS—13 D’Amato Inhofe Smith come to us from the House takes the Burns Inhofe McCain Dole Kempthorne Thomas Byrd Jeffords Smith Exon Kyl Thurmond money for the OTA from the Library of Chafee Kassebaum Thompson Frist Lott Warner Congress, something that I wish to Dole Kyl NAYS—61 avoid. The House voted strongly in the Gramm Lott Chamber on that matter. Akaka Feinstein Moynihan NOT VOTING—3 Baucus Ford I think we have made a mistake, not Murray Ashcroft Faircloth Inouye Biden Glenn Nunn correcting that situation to protect the Bingaman Graham Packwood Library of Congress. But perhaps we So the amendment (No. 1826), as Bond Harkin Pell Boxer Hatfield can do it in conference. modified, was agreed to. Pryor In view of the problems that the ma- Bradley Heflin Reid Mrs. MURRAY. Mr. President, I Breaux Hutchison Robb jority leader just announced, I will not move to reconsider the vote. Bryan Jeffords Rockefeller offer that amendment now, but I want Bumpers Johnston Mr. FORD. I move to lay that motion Roth Campbell Kassebaum the Senate to know I think we are on the table. Santorum Chafee Kennedy making a big mistake to leave this sit- The motion to lay on the table was Cochran Kerrey Sarbanes uation where the House has voted over- Simon agreed to. Cohen Kerry whelmingly to maintain OTA but to Conrad Kohl Simpson Mr. BINGAMAN. When it comes to Daschle Lautenberg Snowe take the money out of the Library of controlling Government spending, DeWine Leahy Specter Congress. And we have not solved that Dodd Levin Stevens nothing stands out in my mind more problem here, in my opinion. I disagree than the $1 billion that the Federal Domenici Lieberman Thompson with the manager of the bill and his so- Dorgan Mikulski Wellstone agencies toss out the window every Feingold Moseley-Braun lution. It is not a solution. The GAO year in energy waste. has informed a lot of Senators here NOT VOTING—3 The Federal Government is our Na- that they can perform the role of OTA, Ashcroft Faircloth Inouye tion’s largest energy waster. This year which in my opinion is ludicrous. But I agencies will spend almost $4 billion to So the amendment (No. 1825) was re- will not offer the amendment at this heat, cool, and power their 500,000 jected. time. buildings. Mrs. MURRAY. Mr. President, I Mrs. MURRAY. Mr. President, I ask move to reconsider the vote. for the yeas and nays. Both the Office of Technology Assess- Mr. FORD. I move to lay that motion The PRESIDING OFFICER. Is there a ment and the Alliance to Save Energy, on the table. sufficient second? a nonprofit group that I chair with The motion to lay on the table was There appears to be a sufficient sec- Senator JEFFORDS, have estimated that agreed to. ond. Federal agencies could save $1 billion Mr. DOLE. Mr. President, before the The yeas and nays were ordered. annually. next vote, as I understand, there will VOTE ON AMENDMENT NO. 1826 To achieve these savings, agencies no more amendments on this bill un- The PRESIDING OFFICER. The just need to buy the same energy sav- less I offer the rescissions package. question is on agreeing to amendment ing technologies—insulation, building Mr. MACK. It is my understanding No. 1826, as modified. The yeas and controls, and energy efficient lighting, that there are no further votes nec- nays have been ordered. The clerk will heating, and air-conditioning—that essary on the legislative appropriations call the roll. have been installed in many private bill, that if we were to—— The legislative clerk called the roll. sector offices and homes. Mrs. MURRAY. Mr. President, I do Mr. LOTT. I announce that the Sen- I know what you may be thinking, believe we will have a vote on the pend- ator from Missouri [Mr. ASHCROFT] and ‘‘Here we go again with another crazy ing question. the Senator from North Carolina [Mr. idea about how we need to give agen- Mr. DOLE. Right. I mean after this FAIRCLOTH] are necessarily absent. cies more money so they can hopefully next one. Mr. FORD. I announce that the Sen- save money sometime in the future.’’ Is there any demand for a rollcall on ator from Hawaii [Mr. INOUYE] is nec- Well you are wrong. Why? Because final passage? essarily absent. there are now businesses, known as en- Mr. MACK. No. It has been cleared on The PRESIDING OFFICER. Are there ergy service companies, that stand both sides. any other Senators in the Chamber ready to upgrade Federal facilities at Mr. DOLE. If we cannot get an agree- who desire to vote? no up-front cost to the Government— ment on the rescissions package, I in- The result was announced—yeas 84, that’s right, at no up-front cost to the tend to offer it as an amendment and nays 13, as follows: Federal Government.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10419 These companies offer what are Senate turn to the consideration of So the amendment (No. 1806) was called energy saving performance con- H.R. 1944 and it be considered under the agreed to. tracts which provide private sector ex- following agreement: So the amendments (No. 1828, 1829, pertise to assess what energy saving One amendment in order to be offered 1830, 1831 and 1832) were agreed to, as technologies are most cost effective, by Senators WELLSTONE and MOSELEY- follows: provide nongovernmental financing to BRAUN regarding education funding, AMENDMENT NO. 1828 make the improvements, install and job training, and low-income energy as- (Purpose: To retain the Capitol Guide maintain the equipment, and guar- sistance, on which there be a division, Service and Special Services Office) antee that energy savings will be and each of the two divisions be lim- On page 27 of the bill, strike all between achieved. ited to 1 hour each, to be equally di- lines 1–25, and insert the following: Agencies pay for the service over vided in the usual form and with all CAPITOL GUIDE SERVICE time using the energy costs they have time being used tonight except for 30 For salaries and expenses of the Capitol saved—if they do not see the saving minutes under the control of Senators Guide Service, $1,628,000, to be disbursed by they do not pay for the service—it’s WELLSTONE and MOSELEY-BRAUN; and the Secretary of the Senate: Provided, That that simple, that’s the guarantee. that at 10:10 a.m. the managers be rec- none of these funds shall be used to employ This type of contract is used every ognized to utilize 20 minutes for debate more than thirty-three individuals: Provided further, That the Capitol Guide Board is au- day in the private sector and State and to be followed by Senators WELLSTONE thorized, during emergencies, to employ not local government facilities. For in- and MOSELEY-BRAUN to be recognized more than two additional individuals for not stance, Honeywell Corp. has entered for their 30 minutes of debate, to be fol- more than one hundred twenty days each, into these energy-saving arrangements lowed by a vote on a motion to table and not more than ten additional individuals with over 1,000 local school districts the first Wellstone division, and that for not more than six months each, for the nationwide, allowing schools to rein- following that vote, the majority lead- Capitol Guide Service. vest $800 million in savings in critical er be recognized to place the bill on the SPECIAL SERVICES OFFICE education resources rather than con- calendar, and if that action is not exer- For salaries and expenses of the Special tinuing to pay for energy waste. cised, the Senate then proceed imme- Services Office, $363,000, to be disbursed by Unfortunately, even though Congress diately to a vote on a motion to table the Secretary of the Senate. first authorized Federal agencies to the second Wellstone division, and that AMENDMENT NO. 1829 take advantage of this innovative busi- following that vote, the majority lead- ness approach in 1986, agencies have (Purpose: To repeal the prohibitions against er be recognized to exercise the same political recommendations relating to Fed- been dragging their heels. right with respect to placing the bill on eral employment, and for other purposes) To help get things moving, the De- the calendar, and if that action is not At the appropriate place, insert the fol- partment of Energy recently prepared utilized, the Senate proceed imme- lowing new section: streamlined procedures to encourage diately to a vote on passage of H.R. SEC. . REPEAL OF PROHIBITIONS AGAINST PO- their use. 1944. LITICAL RECOMMENDATIONS RE- Now is the time for Congress to put The PRESIDING OFFICER. Is there LATING TO FEDERAL EMPLOYMENT. the agencies feet to the fire on finan- objection? (a) IN GENERAL.—(1) Section 3303 of title 5, cial reform of Government energy Without objection, it is so ordered. United States Code, is repealed. waste. Agencies must enter into these (b) TECHNICAL AND CONFORMING AMEND- f MENTS.—(1) The table of sections for chapter partnerships with the private sector. 33 of title 5, United States Code, is amended That’s why, today, I am introducing LEGISLATIVE BRANCH APPRO- by striking out the item relating to section an amendment calling for the agencies PRIATIONS FOR FISCAL YEAR 3303. to reduce Government energy costs by 1996 (2) Section 2302(b)(2) of title 5, United States Code, is amended to read as follows: 5 percent in 1996. I’m also asking that The Senate continued with the con- agencies report back to us by the end ‘‘(2) solicit or consider any recommenda- sideration of the bill. tion or statement, oral or written, with re- of 1996 to ensure that they have actu- Mr. MACK. It is my understanding ally taken action to reduce their en- spect to any individual who requests or is that there has been a request for a re- under consideration for any personnel action ergy costs. corded vote. So I ask for the yeas and unless such recommendation or statement is You know, we are often called upon nays. based on the personal knowledge or records up here to make really hard controver- Mr. FORD. Mr. President, before we of the person furnishing it and consists of— sial decisions that please some and ‘‘(A) an evaluation of the work perform- go to that, I suggest the absence of a anger others. This is a winner for ev- ance, ability, aptitude, or general qualifica- quorum. eryone. If 1,000 local school boards have tions of such individual; or The PRESIDING OFFICER. The examined it and are reaping the sav- ‘‘(B) an evaluation of the character, loy- clerk will call the roll. alty, or suitability of such individual;’’. ings, I say it’s about time we got our The legislative clerk proceeded to Nation’s biggest energy waster on call the roll. AMENDMENT NO. 1830 track too. Mr. DOLE. Mr. President, I ask unan- At the end of Sec. 308(b)(2) insert: With this one, simple reform, we will imous consent that the order for the (c) The amendments made by this section create thousands of job and business quorum call be rescinded. shall take effect only if the Administrative opportunities in every one of our Conference of the United States ceases to The PRESIDING OFFICER. Without States, improve the environment by re- exist prior to the completion and submission objection, it is so ordered. ducing air pollution, and save ourselves of the study to the Board as required by Sec- hundreds of millions of dollars every AMENDMENT NO. 1803 tion 230 of the Congressional Accountability Act of 1995 (2 U.S.C. 1371). year, at no up-front cost to taxpayers. The PRESIDING OFFICER. Without objection, the amendment, No. 1803, as f AMENDMENT NO. 1831 amended, is agreed to. UNANIMOUS CONSENT So the amendment (No. 1803), as (Purpose: To add a general provision) AGREEMENT—H.R. 1944 amended, was agreed to. At the end of the bill, add the following: SEC. . (a) The head of each agency with Mr. HATFIELD. Mr. President, I AMENDMENT NOS. 1806, 1828, 1829, 1830, 1831, AND responsibility for the maintenance and oper- would like to propound a unanimous- 1832 ation of facilities funded under this Act shall consent agreement relating to a rescis- Mr. MACK. Mr. President, I ask take all actions necessary to achieve during sion package that has been here before unanimous consent that the pending fiscal year 1996 a 5-percent reduction in fa- the Senate. I understand that it has Specter amendment and the following cilities energy costs from fiscal year 1995 lev- been agreed to by the parties involved five amendments, which I have sent to els. The head of each such agency shall transmit to the Treasury of the United and the leadership on both sides of the the desk on behalf of Senators DOLE, States the total amount of savings achieved aisle. SIMON, LIEBERMAN, BINGAMAN, and my- under this subsection, and the amount trans- Mr. President, I ask unanimous con- self be considered agreed to, en bloc, mitted shall be used to reduce the deficit. sent that following the disposition of the motions to reconsider be laid upon (b) The head of each agency described in the legislative appropriations bill, the the table, en bloc. subsection (a) shall report to the Congress

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10420 CONGRESSIONAL RECORD — SENATE July 20, 1995 not later than December 31, 1996, on the re- into the water, and if they swim away, The PRESIDING OFFICER. The sults of the actions taken under subsection there are no seals and the others jump clerk will report. (a), together with any recommendations as in. The legislative clerk read as follows: to how to further reduce energy costs and So to speak, an analogy can be drawn The Senator from Minnesota [Mr. energy consumption in the future. Each re- here tonight. We have had the seal test WELLSTONE], for himself and Ms. MOSELEY- port shall specify the agency’s total facili- BRAUN, proposes an amendment numbered ties energy costs and shall identify the re- and it has passed well. I congratulate 1833. ductions achieved and specify the actions my colleagues. that resulted in such reductions. Mr. MACK. Mr. President, I want to Mr. WELLSTONE. Mr. President, I thank the chairman. At least, I think I ask unanimous consent that further AMENDMENT NO. 1832 want to thank the chairman for his re- reading of the amendment be dis- On page 60, line 1, strike all through the marks. I appreciate that and appre- pensed. period on line 17. ciate his assistance as we have begun The PRESIDING OFFICER. Without Mr. MACK. Mr. President, I ask this process. objection, it is so ordered. unanimous consent that the bill be I also want to thank Keith Kennedy On page 38, strike lines 24 and 25 and insert read a third time and the Senate pro- and Larry Harris for the work they the following: ‘‘under this heading in Public ceed immediately to vote on the pas- have done to prepare us and the bill Law 103–333, $204,000 are rescinded: Provided, and to assist as we move forward. And That section 2007(b) (relating to the adminis- sage of the bill with no other inter- trative and travel expenses of the Depart- vening action or debate. again, to Senator MURRAY, it has been ment of Defense) is amended by striking ‘‘re- The PRESIDING OFFICER. Without a pleasure working with the Senator scinded’’ the last place the term appears and objection, it is so ordered. through conference and completing the inserting ‘‘rescinded, and an additional The bill was read a third time. bill. amount of $319,000,000 is rescinded’’: Provided The PRESIDING OFFICER. The bill Mrs. MURRAY. Mr. President, I, too, further, That of the funds made available’’. having been read the third time, the want to thank the appropriations Beginning on page 34, strike line 24 and all question is, shall the bill pass? chair, as well as the ranking member, that follows through page 35, line 10, and in- So the bill (H.R. 1854), as amended, Senator BYRD, who have been very sert the following: ‘‘Public Law 103–333, helpful in this process, and in par- $1,125,254,000 are rescinded, including was passed. $10,000,000 for necessary expenses of con- Mrs. MURRAY. Mr. President, I ticular to thank the Senator from struction, rehabilitation, and acquisition of move to reconsider the vote. Florida, Senator MACK, for a job well new Job Corps centers, $2,500,000 for the Mr. MACK. I move to lay that mo- done. School-to-Work Opportunities Act, $4,293,000 tion on the table. We have not agreed on every part, for section 401 of the Job Training Partner- The motion to lay on the table was but he has been wonderful to work with ship Act, $5,743,000 for section 402 of such agreed to. and I appreciate his willingness to step Act, $3,861,000 for service delivery areas Mr. HATFIELD. Mr. President, I will down and go through this with me. I under section 101(a)(4)(A)(iii) of such Act, take this opportunity to congratulate thank him, and Jim English, who $100,010,000 for carrying out title II, part C of worked with me. such Act, $2,223,000 for the National Commis- the managers of the first appropria- sion for Employment Policy and $500,000 for tions bill to come to the floor, Senator I appreciate the opportunity to work the National Occupational Information Co- MACK of Florida and Senator MURRAY with you on my first bill, Senator. ordinating Committee: Provided, That of of Washington State. We started them f such $1,125,254,000, not more than $43,000,000 off here on the trail to sort of get a feel may be rescinded from amounts made avail- UNANIMOUS-CONSENT able to carry out part A of title II of the Job of the body in terms of acting on these AGREEMENT—S. 1817 appropriations measures. They have Training Partnership Act, not more than not only demonstrated the skill in put- Mr. MACK. Mr. President, I ask $35,600,000 may be rescinded from amounts unanimous consent that at 9 a.m. on made available to carry out title III of the ting the bill together in the committee Job Training Partnership Act, and no por- framework, but certainly here man- Friday the Senate begin consideration of H.R. 1817, the Military Construction tion may be rescinded from funds made aging on the floor. available to carry out section 738 of the Mr. President, this is a very tough Appropriations bill. Stewart B. McKinney Homeless Assistance year for the Appropriations Com- The PRESIDING OFFICER. Without Act: Provided further, That service delivery mittee. It is a tough year for all Mem- objection, it is so ordered. areas may’’. bers, but especially the Appropriations f On page 41, strike lines 6 through 11 and in- Committee, because in effect we are sert the following: EMERGENCY SUPPLEMENTAL AP- ‘‘Public Law 103–333, $91,959,000 are rescinded playing the implementer, the morti- PROPRIATIONS FOR ADDITIONAL as follows: From the Elementary and Sec- cian, the executioner, and many other DISASTER ASSISTANCE, FOR ondary Education Act, title II–B, $29,000,000, roles in terms of the budget resolution ANTI-TERRORISM INITIATIVES, title V–C, $16,000,000, title IX–B, $3,000,000, and all the other various forces that FOR ASSISTANCE IN THE RECOV- title X–D, $1,500,000, title X–G, $1,185,000, sec- are forcing Members to face up to some ERY FROM THE TRAGEDY THAT tion 10602, $1,399,000, and title XIII–A,’’. of these fiscal problems. OCCURRED AT OKLAHOMA CITY, Beginning on page 43, strike line 25 and all that follows through page 44, line 2, and in- I hope that at an appropriate time we AND RESCISSIONS ACT, 1995 reconsider an action that would permit sert the following: ‘‘Public Law 103–333, The PRESIDING OFFICER. The $13,425,000 are rescinded as follows: From the legislation on appropriations, because clerk will report. Elementary and Secondary Education Act, this type of legislation attracts all The assistant legislative read as fol- title III–B, $5,000,000, title’’. kinds of policy issues. It should not be lows: On page 107, line 21, (relating to the admin- on this bill or on any other appropria- istrative and travel expenses of the Depart- A bill (H.R. 1944) making emergency sup- ment of Defense) strike $50,000,000’’ and in- tions bill. We must resist that effort on plemental appropriations for additional dis- sert ‘‘$382,342,000’’. the floor and on the part of the com- aster assistance, for anti- terrorism initia- mittee. Since we found the test case, tives, for assistance in the recovery from the Ms. MOSELEY-BRAUN. Mr. Presi- we will bring some more appropriations tragedy that occurred at Oklahoma City, and dent, I thank Senator WELLSTONE for bills. But I want to thank these man- making rescissions for the fiscal year ending starting this ball and getting this issue agers. September 30, 1995, and for other purposes. and debate going. I have one further point to make, and The Senate resumed consideration of Frankly, in spite of the fact that I that is when I visited Antarctica and the bill. know there are a number of people who was introduced to the culture of pen- AMENDMENT NO. 1883 are concerned about this particular guins, and one of the things about the (Purpose: To strike certain rescissions, and legislation and where it is going, I culture was that there are seals, giants to provide an offset) think it is absolutely regrettable that seals under the ice. The penguins go Mr. WELLSTONE. Mr. President, I we are just taking up as important an along the edge of the ice looking into send an amendment to the desk on be- issue as this at 10:55 p.m. on a Thurs- the water to see if there are any seals half of myself and Senator MOSELEY- day night following a major debate there, and they are not certain by their BRAUN and ask for its immediate con- around the legislative appropriations vision. So pretty soon they nudge one sideration. bill.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10421 The rescission issue has been held rifice from the most vulnerable popu- program was terminated altogether in somewhat in limbo for the last couple lations in our country than ought to be this legislation. of weeks, in large part because Senator the case in any rescission package or, Safe and Drug-Free Schools and Com- WELLSTONE and I both argued and frankly, in this budget. munities—that was cut by $15 million. agreed and suggested to our colleagues In fact, by one analysis by the Center Again, youngsters who have difficulty that the issues raised, the substantive on Budget and Policy Priorities, it was going to school for fear of being shot issues raised in the rescissions action found after analyzing the numbers and by the drug dealers, that kind of a cut was too important to be let go in what how the cuts weigh in, the center found is a major impediment to their edu- Senator WELLSTONE called in a stealth that some 62 percent of the cuts in this cation. manner. rescissions bill would come from dis- Education technology, another $17 Forgive me, Mr. President, it is late, cretionary programs to serve low- and million cut. You talk education tech- and I think we are all a little bleary- moderate-income individuals, even nology, it is clear what that is; the eyed, but the fact is we are now taking though that group of Americans rep- whole idea we are going into this infor- up, in fact, in stealth fashion, and lim- resent only 12 percent of discretionary mation age without allowing our iting debate, on what I think is a very spending overall. youngsters to get adequately prepared. vitally important issue that should That sounds kind of technical, 62 per- Eisenhower Professional Develop- have had the kind of debate around pri- cent for low- and moderate-income in- ment, to help teachers be better teach- orities and around the import and the dividuals. But the cuts that this bill ers. Again, another set of cuts. This significance of the rescissions legisla- would have us undertake come in areas one, Eisenhower Professional Develop- tion in the context of where we are that, frankly, again, I just, for one, not ment, was cut by $69 million. Again, I going with the budget. only personally cannot accept, but that think that is inappropriate. I was actually kind of delighted to I believe would be inappropriate for us Then we get to the really difficult hear Senator HATFIELD’s description of to accept as our first step on this glide- cuts. I say really difficult only because the seal test, because if anything, in path. If anything, our priorities ought it hits people who are probably more in terms of a seal test, this rescission leg- to reflect shared sacrifice. We are need than just about any other group: islation, I think, indicated the first going to have to all step up to the plate Homeless veterans jobs training. The step that we are taking as a legislative as Americans and make some sacrifice homeless veterans job training pro- body in responding to the desperate in order to get our fiscal house in gram was cut by $5 million. How we need—and I think it is a desperate order. We are all going to have to make can cut something for homeless vet- need—to get our fiscal house in order. a contribution to resolving budget defi- erans, in terms of job training, is a Last year, Mr. President, I cospon- cits and to getting us on a glidepath, if mystery to me. Yet that was a decision sored the balanced budget amendment, you will, to budget balance, at least a that was made as part of this rescis- because I believed that if we were seri- glidepath that is opposite to the trends sions compromise. ous about our future, if we were serious that we have taken, that we are taking about not handing to the next genera- right now. Displaced worker training. With all tion a legacy of debt, if we were serious I served as a member of the Presi- the base closings and all the disloca- about reducing Federal deficits and dent’s Bipartisan Commission on Enti- tions in our economy with job taking the steps necessary to achieve tlements and Tax Reform. There was downsizing and the like, again, to cut balance, to get on the glidepath to a no question, if there is one message out displaced worker training by $67 mil- balanced budget and not bankrupting of the entire hearings and the informa- lion seemed to me to be inappropriate. the country by the turn of the century, tion that we looked at in terms of the Adult job training was cut, JTPA if we were going to do that, we ought budget, it was that current trends, adult job training, cut by $58 million. to move in the direction of trying to budget trends are unsustainable and JTPA youth training cut by $272 mil- achieve budget balance. that we had to change the way that we lion. Again, in communities particu- The good news, Mr. President, is that do business. That is one of the reasons larly where there is less than—and this time the Senate, in the budget why this rescissions bill is so impor- there are communities in this country, that has been adopted, did achieve tant and that is why I believed, and Mr. President, and I am sure you are budget balance, or headed in the direc- still believe, that it was so critically aware of them—in which there is about tion of budget balance, or put us on the necessary to have the debate in the 1 percent—in fact I will be specific. In glidepath in that direction. The bad sunshine, to have the debate in the a community in the city of Chicago, in news, in my opinion, it did it in a way daytime, to allow people to know what my State of Illinois, 1 percent private that speaks very poorly of priorities it was that we were talking about, employment, 1 percent. That is eco- and speaks very poorly of the alloca- what was at stake and what were the nomic meltdown. If we do not under- tion of contribution by various sectors issues. take some steps to provide for job of our population. In the first instance, among the cuts training and job readiness for people If anything, the problem with the rein this bill that are sought to be re- who live in communities with 1 percent scissions bill, and I point out to those stored by the Wellstone/Moseley-Braun private employment in them we are night owls who are listening and who division, and it is a division because setting ourselves up for a black hole to get sometimes turned off by the more the amendment is in two parts, among develop in our social fabric from which technical language that we use, a re- the restorations are a program that I we may never recover. Again, those scissions bill is taking back. It is a have worked on, education infrastruc- cuts, it seems to me, are inappropriate. take-back. ture, to help rebuild some of the dilapi- And as the seal test, as that first step It is the first step. It takes back dated schools around this country, on the glidepath, seems to me to be the money that was appropriated last year schools that are falling apart. I do not absolute wrong place for us to go. and says OK, we are not going to do think it is a secret, at this point, given Interestingly, this amendment calls that after all. We are going to rescind, the discussion about the condition of for an offset. Because we are all talk- we are going to turn that around, and American schools, our schools are falling about, ‘‘Can we pay for these then we are going to go forward. So in ing apart. They are not equipped to things?’’ The offset which would pay that regard the take-back bill from prepare our youngsters for the 21st cen- for these restorations, which the last year’s appropriations effort in the tury. We do not have the infrastructure Wellstone/Moseley-Braun amendment context of this session is the seal test, in them even to make them computer suggests, comes from the administra- in some ways, that the Senator from ready, if you will. In many instances, tion and travel budget of the Depart- Oregon referred to. It is the first step the electricity is not there. ment of Defense. According to the Gen- that we take on the glidepath toward a So we are really, I think, missing the eral Accounting Office, the DOD has balanced budget. boat and really shortchanging our chil- that money and money to spare when Unfortunately, the seal test and the dren by refusing to even take some it comes to administration and travel. first step that is taken by this rescis- small steps toward getting our schools Certainly, the absorption of these costs sions bill, I believe, calls for more sac- in better shape. But that was cut. That would not be something that would

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10422 CONGRESSIONAL RECORD — SENATE July 20, 1995 cripple the ability of our military to ested in doing that. But at the same it done, kind of make those sausages travel around the world. time, for us to respond to those emer- faster, but in a way to allow us to real- So it would seem, starting from the gencies and at the same time trample ly have a comprehensive and coherent notion that there ought to be shared over the emergency that is faced by the debate and input from every Member of sacrifice, the amendment that Senator low-income individuals who have faced this U.S. Senate. That is what we were WELLSTONE and I put together—again I 62 percent of the cuts in this bill seems sent here to do. hope he will be able to talk about in to me to take a wrong step, in the Again, to the extent that my col- the sunshine—would have gone a long wrong direction, in the wrong way. leagues had concern that the holding way to restoring our capacity to re- So we thought it appropriate and be- up of this legislation would have un- spond to some of the most vulnerable lieve it appropriate to have a chance to told effects, I am optimistic that those populations and respond to people who talk at length about these issues. effects will not be untold and that we are least able to take the impact of the While we will get to talk about it for will be able to go forward, and hope- cuts of this rescission legislation. half an hour tomorrow morning, and fully we will pass the Wellstone/ The second part, the second division we will be able to pass the issue, there Moseley-Braun amendment. I am not of the amendment has to do with the are other parts of this legislation of unrealistic about that. But I would en- Low Income Home Energy Assistant the rescissions bill that are problem- courage my colleagues to take a look Program, LIHEAP. Mr. President, I atic. There are some environmental at the amendment, a serious look at know you probably noticed in the issues that are problematic. the amendment, recognizing that we newspapers, in the city of Chicago in But, again, we all know that part of have to have deep and painful cuts in this last couple of weeks we had a heat the legislative process is that things some regards. wave that left almost 300 people dead. that you do not like often get wrapped Mr. President, 300 people died because up in things that you do like. In fact, But the question I put to every Mem- they could not physically tolerate the one of my colleagues a few moments ber as you take up the issue of how to heat that came into the city. Chicago, ago used an expression that I have vote on this amendment to the rescis- IL, does not have a cooling assistance liked to use over the years. The expressions bill is whether or not low-income program under LIHEAP, although sion is that those who love the law and individuals should have to suffer 62 per- those things are allowed. It does not who love sausages should not watch ei- cent of that pain. I do not think they have a cooling assistance program but ther of them being made. Quite frank- do. And I hope that is not the signal it does have heating assistance. It is ly, this legislation, I think, fits into and the message that gets sent by this one thing about the city of Chicago, that category very well because it has body tomorrow when we take this issue and the State really, but as beautiful a combination of some palatable initia- up to vote. as it is, it is known for some extremes tives such as California and Oklahoma I thank the Chair. I yield the floor. of temperature. It can go from having City, and then an awful lot that would SUBSTITUTE SALVAGE PROGRAM 300 people die because there is no as- just make you, in my opinion, gag on sistance and they are too poor to move what has happened here. Mrs. MURRAY. Mr. President, I rise to the nearby hotel into an air-condi- Quite frankly, I think that the issue today to voice my serious concerns tioned room, but at the same time, that is on fire is the one that we really about H.R. 1944, the fiscal year 1995 re- come winter, when the temperatures do need to engage, an entire legislative scissions bill. I’ll get right to the point: fall to below zero, it is just as likely body with everybody participating and this is a bad bill. Its relevance to the that in the absence of LIHEAP, in the talking about—the direction that our budget process in Washington, DC, is absence of heating assistance for poor country will take as we try to achieve minimal, and its relevance to the people, we will see the same kind of budget balance and integrity in the American people is marginal. loss of life and the same kind of attend- way we handle these fiscal year issues. This bill cuts $16 billion from the ant tragedy. Quite frankly, one of the things peo- Federal budget. We recently passed a That is a preventable tragedy and it ple ask me very often is, ‘‘What do you resolution that cut over $1 trillion; has been prevented over time by the like about being in the Senate?’’ And I what’s the logic in even debating this Low Income Home Energy Assistance tell them that I cannot imagine—I am bill? We have only a few days left in Program. It is a program that provided sure the Presiding Officer will relate to the fiscal year, and yet we are pro- energy assistance for heating and cool- this—I cannot imagine a more exciting posing to go back and cut already-ap- ing to economically disadvantaged in- time to serve in the U.S. Senate or to propriated funds for virtually no good dividuals, particularly senior citizens, serve in policymaking, the policy of a policy reason. This bill cuts commit- particularly the elderly, in all 50 legislative body of our Government, ments and goes back on promises made States. The LIHEAP program was cut precisely because so many of the issues by this Senate less than 1 year ago. by $319 million in this rescissions pack- that have been around for a long time, This bill has another problem. I be- age and I daresay, given the need for as well as issues that are new to our lieve the language about timber sal- the assistance, particularly for senior time, are now facing us four square and vage included in the bill by my col- citizens, given the vulnerability of calling on us for resolution, calling on league, the senior Senator from Wash- these populations to die when the tem- us to express an opinion; issues that 5 ington, will backfire. I believe it will perature gets over 100 degrees or die years ago did not get talked about. I hurt—not help—timber communities when it gets under 32, it was inappro- mean, when they were building up huge and workers in the Northwest. priate for us to take that kind of cut, budget deficits nobody really talked inappropriate for us to head on this about it. What should be our foreign Mr. President, this timber salvage glidepath, calling on them to make a policy? You had a Soviet Union. It was authorizing language is designed to ac- sacrifice that, unfortunately, in all too pretty clear-cut. Now we have to con- complish three things: respond to a many instances, could well be the su- struct something. timber salvage problem resulting from preme sacrifice. What is going to be the direction in last year’s forest fires and recent in- So that is what this amendment is terms of diversity? We just had the sect infestations; speed the rate of tim- about. I know we have 30 minutes to- vote on affirmative action. What kind ber sales under the President’s forest morrow to debate this issue. I know, of economy are we going to have in the plan, option 9; and release a few timber also, there are other things about this future? All of these issues and a host sales remaining from legislation passed legislation that encourage my col- more that I know I could stand here by Congress 4 years ago. leagues to want to move it quickly. probably the rest of the night to talk These are goals with which I agree. As I stated from the beginning of this about, all of these issues are before us My problem is with the method. I be- debate, I was never interested, no one now. lieve the language contained in this was interested in holding up relief for So when it comes to specifically the bill will cause a blizzard of lawsuits, California or relief for Oklahoma City, issue of budget priorities, now is the cause political turmoil within the and those are parts of this rescissions time for us to take up that debate and Northwest, and take us right back to legislation. So no one has been inter- not to handle it willy-nilly. Let us get where we were 4 years ago.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10423 Our region has been at the center of take it. Instead, it recklessly goes too The president said it’s wrong to cut edu- a war over trees fought in the court- far, too fast. cation programs but to fund members of rooms and Congress for almost a dec- Attaching a major harvesting amend- Congress’ pet pork-barrel projects such as ade. We have a history of waiving envi- ment to an appropriations bill like roads. The bill cut $16.4 billion from previously approved social programs. ronmental laws to try and solve timber this—worked out at the last minute, ‘‘We must recognize that the only deficit problems; that strategy has not behind closed doors—is no way to make in this country is not the budget deficit. worked. good public policy. Instead, the timber There’s a deficit in this country in the num- In fact, that strategy has made the language should be developed through ber of drug-free children. There’s a deficit situation worse. Until 1993, the Forest the normal authorizing process. The . . . in the number of safe schools. There’s an Service was paralyzed by lawsuits, the Senator from Idaho [Mr. CRAIG], has a education deficit,’’ he said in wielding the courts were managing the forests, and bill pending in his committee that pen for his first veto. public discourse in the region was would establish a forest health pro- It took perhaps even more courage for the president to set himself up for cheap-shot dominated by acrimony. The language gram. There have been some hearings charges by Northwest Republican lawmakers in this bill will reopen those old on that bill, and I have already stated that he is anti-job because he insists that wounds. Mr. President, I strongly be- my interest in working with him on his the nation’s forests be harvested under rule lieve that would not be in the best in- bill. of law. But there are sure to be further at- terest of the region. Mr. President, there have been nu- tempts to circumvent proper practices, and During floor consideration of this bill merous editorials and articles written Clinton should stand tall against them. last spring, I offered an amendment about this provision, most of which The bill, using poorly defined criteria, that would have taken a more mod- have urged the President and the Con- would have given the timber industry three erate approach to salvage operations. penalty-free years to remove ‘‘damaged’’ gress to reject these sweeping changes. trees that pose a fire threat. The trees would My amendment was narrowly defeated In addition, recent statistics on em- have been removed without the benefit of the 46–48. I respect the will of the Senate in ployment and growth rates within the standard environmental safeguards that are that regard. However, when the rescis- timber industry indicate the picture of meant to protect salmon streams and water- sions bill reached the President’s desk, the industry is not as bleak as some sheds, and citizens would have been legally he vetoed it, citing among other things have predicted. I ask unanimous con- barred from filing suit to object to any viola- problems with the timber language. sent to insert some of these materials tion of environmentally sound harvesting no matter how gross. Mr. President, I learned before the in the RECORD at the conclusion of my July recess that a deal was being The salvage program must get under way, statement. and Congress is perfectly capable of passing worked out on this issue. Despite my The PRESIDING OFFICER. Without legislation that provides for responsible re- obvious interest in and concern about objection, it is so ordered. moval of trees that pose a fire hazard with- the salvage issue, I was not involved in (See exhibit 1.) out abandong environmental safeguards. the negotiations. I was not consulted Mrs. MURRAY. In summary, I be- But by sending the White House an irre- during the process. Had I been, I would lieve this is the wrong bill at the wrong sponsible proposal for timber salvage, Con- have been more than willing to work time. The Senate has passed its own gress has thrown away valuable time and out a compromise in good faith. Unfor- balanced budget resolution, and re- risked further fire losses in the Northwest tunately, that did not happen. I have cently passed the conference report. woods. Members of this state’s delegation should reviewed the language, and frankly, I The cuts in this rescissions bill are pal- have insisted on using their time to prepare still have very serious concerns. try by comparison. And the timber sal- an acceptable plan for this summer’s fire The language in the bill before us is vage provisions go too far without ade- season rather than in devising a political almost exactly the same as was con- quate safeguards and public participa- booby-trap for the president. tained in the conference report vetoed tion. by the President, with three minor I urge my colleagues to oppose this LOGGING BILL FLAWED changes. While these changes may add unnecessary, harmful bill. A case can be made for salvage logging of flexibility, the fundamental problems EXHIBIT 1 some federal forest lands that have a dan- in the bill remain: it rolls over current gerous accumulation of dead or diseased laws governing land management, and WESTERN STATES GAIN 14,251 IN TIMBER JOBS— trees that pose a fire hazard. it cuts the public completely out of the JANUARY 1993—SPRING 1995 But a case cannot be made for the sweeping salvage-logging proposal now under con- process. Therefore, I cannot support it. [In thousands] sideration in Congress that sets aside envi- Mr. President, there is a legitimate Timber related jobs ronmental safeguards and promises to raid salvage issue right now throughout the the treasury for the benefit of private timber States West. Last year’s fire season was one of January December April/May companies. the worst ever. There are hundreds of 1993 1994 1995 The overly broad language of the bill ren- thousands of acres with burned trees Utah ...... 3,863 5.131 ...... ders it unacceptable; more important, exist- rotting where they burned. I believe Washington ...... 51,700 ...... 54,700 ing law makes it unnecessary. Oregon ...... 61,200 ...... 61,600 The bill arbitrarily mandates a doubling of that many of these trees can and New Mexico ...... 2,100 2,100 ...... Colorado ...... 10,400 ...... 12,100 the amount of timber to be felled over the should be salvaged and put to good Arizona ...... 6,400 ...... 8,500 next two years from federal lands, whether public use. Idaho ...... 16,017 ...... 16,500 California ...... 84,400 ...... 90,600 or not that much timber needs to be I believe there is a right way and a Montana ...... 8,000 ...... 7,100 salvaged, and thus opens the door for a give- wrong way to salvage damaged timber away of public property. on Federal lands. The wrong way is to Totals ...... 244,080 7,231 251,100 That’s because it cleverly stipulates that no so-called ‘‘health management activities’’ short-cut environmental checks and These figures are based on the most cur- directed by the legislation shall be precluded balances. The wrong way is to cut peo- rent data available from state economists. simply because they cost more than the rev- ple out of the process. The wrong way The numbers represent job losses or gains in enues derived from sale of the salvaged tim- is to invite a mountain of lawsuits. the lumber, wood manufacturing, paper and ber. allied industries. The right way is to expedite compli- And the bill says that any environmental The net gain in timber jobs since the 1992 ance with the law. The right way is to review, however cursory it may be, ‘‘shall be elections for these eight western states is ensure that agencies work together and deemed to have satisfied the law.’’ 14,251 jobs. There is no need for salvage suffi- make correct decisions quickly. The Sponsors wrongly imply that the bill is ciency language. right way is to let people participate in needed to permit the Forest Service to conduct salvage logging. But Sierra Club attor- the process—so they don’t clog up the [From the Seattle Post-Intelligencer, June ney Todd True notes, ‘‘Existing law already courts later. My amendment, and my 1995] approach to the negotiations, would gives the agency authority’’ for whatever CLINTON’S VETO THE RIGHT ACTION salvage logging it deems necessary due to have focused on these points. President Clinton has done the right thing threat of fire and insect infestations. Mr. President, there is a reasonable, in vetoing a bill that made the wrong cuts in Last summer’s huge, costly fires in East- responsible approach to ensuring sal- the budget and left too much leeway for ern Washington forests provided clear evi- vage operations move forward. Unfor- cheating in salvage timber sales in the dence of the folly of the Forest Service’s past tunately, the bill before us doesn’t Northwest. policy of suppressing natural wildfires. It

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10424 CONGRESSIONAL RECORD — SENATE July 20, 1995 bears noting that the agency followed that mous amount of dead and dying timber in dying trees, without severely damaging the practice partly to protect adjoining commer- the forest that will otherwise go to waste— forests. But this measure is especially trou- cial timberlands. and the new majority in Congress agrees. bling because it tosses aside most environ- If Congress doesn’t gut the Forest Serv- But the riders don’t stop there. To make mental considerations the Forest Service ice’s budget for environmental impact stud- sure that no obstacles in the form of con- usually weighs before deciding how much ies, those important reviews can be done in servation laws, environmental groups and logging to allow. a timely manner and permit defensible sal- courts can stand in the way, they also take When the rescissions bill lands on Clinton’s vage-logging operations. the extraordinary step of suspending for the desk, the President should veto it because of purpose of this ‘‘salvage timber sale’’ the en- the timber and other environmental provi- [From the Los Angeles Times, June 22, 1995] tire array of federal forest management and sions. When Congress votes whether to over- THE LOGGER’S AX: NO WILD SWINGS—CLINTON environmental statutes that might other- ride the veto, Campbell this time should side SHOULD HOLD FIRM AGAINST AMENDMENT wise apply. Timbering undertaken under with common sense instead of letting his THAT THREATENS FORESTS terms of the riders ‘‘shall be deemed to sat- new partisan allies dictate his behavior. In the early days of his presidency, Bill isfy’’ such laws no matter what their requirements, the riders say. The House Clinton productively approached the volatile SHIFT IN U.S. TIMBER POLICY PUTS FORESTS, version also seeks to overcome any existing issue of forest management by breaking with FISH AND WILDLIFE AT RISK—CONGRESS court orders that might interfere with the the tired ‘‘jobs versus owls’’ rhetoric of past MOVES TOO FAST, WITH TOO LITTLE THOUGHT years. Through his 1993 Forest Summit he sale; it says the sale can be conducted de- The pendulum in the nation’s timber pol- showed he understood both the need to pre- spite them. The industry says the reason for all this is icy is swinging too fast and too wide. serve dwindling federal forests and the pain- not just that it wants to increase the cut and The public has become accustomed—dazed ful dislocations that new limits on logging has a receptive Congress but that an emer- may be the correct term—to the daily head- would cause. He led by talking with all sides gency exists in the forests. Because they are lines of sharply revised public policy on wel- and instituting programs to retrain dis- so overgrown, there’s a greatly increased fare, immigration, food programs and more. placed workers. But now, locked in battle danger of fire, and their health has declined with congressional Republicans, Clinton But the sudden shift in federal timber pol- in other ways that a stepped-up salvage oper- seems to be in danger of abandoning that icy is more than even the most blase citizen ation will help to cure—so say the sup- principled approach. may be able to accept. Last month he rightly vetoed a congres- porters. They add that without suspension of The U.S. Senate Appropriations Com- sional recisions bill that was loaded with the laws, environmental groups will go to mittee has followed the House’s lead in open- special-interest riders. One of them, the de- court and block the necessary actions. ing big areas of our national forests to har- Opponents of the riders, including the ad- ceptive ‘‘Emergency Two-Year Salvage Tim- vesting without the normal regulations to ministration, say the necessary salvage cut- ber Sale Program,’’ in essence would have or- protect fish, wildlife and the environment ting can go on without suspension of the dered the U.S. Forest Service to sell as much and without allowing the public to bring laws—a lot of salvage cutting occurs every as 3.2 billion board feet of ‘‘salvage’’ timber legal challenges. year already—and that suspension would from national forests. It would have allowed The committee-passed proposal directs the only be a license to log where otherwise the logging of trees killed by windstorms, fire, forest service to set aside existing environ- companies could not, in ways that would insects or disease and permitted selective mental laws. Although the original intent of leave the forests less healthy, not more. the legislation was to speed up the salvage of thinning of forests to control forest fires. The opponents make the more plausible dead and dying timber, this measure may go The legislation, pushed hard by timber com- case. This is grabby legislation. If there is a beyond that. It gives sole discretion to the panies, also would have forced the Forest genuine need to increase salvage and other Forest Service to harvest wherever it wants. Service to sell twice as many trees as it felt such operations in the forests, even to in- Only designated wilderness areas are off-lim- appropriate. Further, these sales would have crease them rapidly, surely that can be done its. been exempt from environmental review and without abandoning the entire framework of No one can be sure what forests and what public comment. Worst of all, the language supporting law. Likewise, if Congress wants areas might be subject to harvesting—or how was so vague that virtually any tree, living to change the law with regard to manage- carefully it would be done. or dead, standing or fallen, could have been ment of the forests, it ought to do so in the defined as ‘‘salvage,’’ even the dwindling normal way, not tack a decision of such im- The public will not stand by and watch the stands of old-growth redwoods in California’s portance on the back of a supplemental ap- years of protecting our forests against envi- national forests. For these reasons Clinton propriations bill. The measure is shortly to ronmental damage be wiped out in a spurt of should stick to his guns as Republicans seek go to conference; the conferees should cut action by a Congress that has so many pro- to include this nasty amendment in a com- the budget, not the trees. harvest allies in its midst. promise recisions package. The President re- Our forests can be harvested without dam- portedly is considering accepting it. [From the Denver Post, May 8, 1995] age to our environment. But doing so re- Even the staid Sunset Magazine highlights CLINTON SHOULD VETO TIMBER BILL quires more scientific and technical thought a special report entitled ‘‘The Crisis in Our than Congress appears willing to devote. The President Bill Clinton should veto a timber Forests’’ in its current issue. Sunset doubts final protection against abuse is the legal measure because the proposal is bad environ- that stepped-up salvage operations would system. If that access also is prohibited, mental policy and a shoddy way to make fed- markedly improve forest health or prevent then all of us should worry. the spread of wildfires. eral law. The timber proposal is buried in a larger Citizens should demand that Congress slow The salvage amendment has nothing to do measure that deals with trimming federal down and remember its stewardship duties to with cutting wasteful government spending spending. Clinton compromised with Senate the public land. but everything to do with wasteful cutting. Republicans to make the rescissions bill, as Narrowly focused salvage harvesting is ac- The President must hold firm—the amend- the main measure is called, less draconian ceptable. Abandoning our traditions of envi- ment must go. than the first version adopted by the U.S. ronmental protection and legal accountability is not. [From the Washington Post, May 3, 1995] House. However, the larger bill has been burdened CHOPPING BLOCK Mr. DOMENICI. Mr. President, I rise with a bunch of special-interests, anti-envi- in support of H.R. 1944, the revised It isn’t just spending that would be cut by ronmental provisions. The worst would let the bills the House and Senate passed a logging companies cut an enormous amount emergency supplemental appropria- month ago rescinding appropriations for the of extra timber from the national forests. tions and rescissions bill for fiscal year current fiscal year. A fair amount of timber Gluing such harvesting proposals onto an al- 1995. would likely be cut, too—cut down, that is. ready complex and controversial measure is It is time for Congress to complete Each version of the bill includes a rider a deceitful way to mold federal law, so they this bill and provide the emergency aimed at sharply increasing the timber har- all should be removed from the bill. disaster assistance that is needed in at vest this year and next in the federal forests. Actually, the Senate would have stripped least 40 States to respond to natural If the riders did no more than urge an in- the timbering portions from the measure crease in the harvest or order that the har- weeks ago, except Ben Nighthorse Campbell, disasters. vest be as large as possible under the law, Colorado’s junior U.S. senator, deserted his It is time to complete action on the that would be fair enough. There’s always a moderate environmental leanings and voted rescissions in the bill so that agencies great dispute about the amount of timber to keep the logging provisions in the main can close out the fiscal year, and Con- that can best be taken from the national for- bill. Coloradans who had hoped Campbell gress can address the funding issues for ests and other public lands. The total the would remain an independent voice even the new fiscal year. The Senate will be past few years has been well below the level after he changed from a Democrat into a Re- turning to the fiscal year 1996 funding to which the industry became accustomed in publican were sorely disappointed by his par- the 1970s and 1980s. The timber lobby says tisan performance on this matter. bills this week. the cut should be increased—it argues among There are ways to cut timber, including I am pleased that the President will much else that there is currently an enor- methods to salvage lumber from dead or support this bill. It provides funding

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10425 the administration requested to re- and $0.6 billion in outlays from the cur- propriations Committee’s budget allo- spond to the tragic bombing in Okla- rent fiscal year through the rescissions cation be placed in the RECORD at this homa City and to carry out a proposed in the bill. As chairman of the Senate point. counterterrorism initiative. Budget Committee, I ask unanimous There being no objection, the table Mr. President, the bill before us will consent that a table displaying the re- was ordered to be printed in the save $15.3 billion in budget authority lationship of the bill to the Senate Ap- RECORD, as follows: H.R. 1944, EMERGENCY SUPPLEMENTAL AND RESCISSIONS [Fiscal year 1995, in millions of dollars, CBO scoring]

1 2 Subcommittee Senate 602(b) Total comp to Subcommittee Current status H.R. 1994 total allocation allocation

Agriculture—RD ...... BA 58,117 ¥82 58,035 58,118 ¥83 OT 50,330 ¥30 50,300 50,330 ¥30 Commerce—Justice 3 ...... BA 26,693 ¥290 26,403 26,903 ¥500 OT 25,387 ¥99 25,288 25,429 ¥141 Defense ...... BA 241,008 ¥50 240,958 243,630 ¥2,672 OT 249,560 ¥38 249,522 250,713 ¥1,191 District of Columbia ...... BA 712 ¥ 712 720 ¥8 OT 714 ¥ 714 722 ¥8 Energy—Water ...... BA 20,293 ¥234 20,059 20,493 ¥434 OT 20,784 ¥52 20,732 20,749 ¥17 Foreign Operations ...... BA 13,537 ¥117 13,654 13,830 ¥176 OT 13,762 ¥241 14,003 14,005 ¥2 Interior ...... BA 13,577 ¥282 13,295 13,582 ¥287 OT 13,968 ¥79 13,889 13,970 ¥81 Labor—HHS 4 ...... BA 265,870 ¥2,520 263,350 266,170 ¥2,820 OT 265,718 ¥212 265,506 265,731 ¥225 Legislative Branch ...... BA 2,459 ¥17 2,443 2,460 ¥17 OT 2,472 ¥12 2,459 2,472 ¥13 Military Construction ...... BA 8,735 ¥ 8,735 8,837 ¥102 OT 8,519 ¥ 8,519 8,519 ¥0 Transportation ...... BA 14,193 ¥2,624 11,568 14,275 ¥2,707 OT 37,085 ¥22 37,063 37,072 ¥9 Treasury—Postal 5 ...... BA 23,589 ¥639 22,950 23,757 ¥807 OT 24,221 ¥40 24,181 24,225 ¥44 VA—HUD ...... BA 89,891 ¥8,354 81,537 90,257 ¥8,720 OT 92,438 ¥126 92,312 92,439 ¥127 Reserve ...... BA ...... ¥325 ¥325 2,311 ¥2,636 OT ...... ¥130 ¥130 1 ¥131

Total appropriations 6 ...... BA 778,674 ¥15,300 763,374 785,343 ¥21,969 OT 804,957 ¥600 804,358 806,377 ¥2,019 1 In accordance with the Budget Enforcement Act, these totals do not include $3,905 million in budget authority and $7,442 million in outlays in funding for emergencies that have been designated as such by the President and the Congress, and $841 million in budget authority and $917 million in outlays for emergencies that would be available only upon an official budget request from the President designating the entire amount as an emergency requirement. 2 In accordance with the Budget Enforcement Act, these totals do not include $3,455 million in budget authority and $443 million in outlays in funding for emergencies that have been designated as such by the President and/or the Congress. 3 Of the amounts remaining under the Commerce-Justice Subcommittee’s 602(b) allocation, $17.1 million in budget authority and $1.2 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund. 4 Of the amounts remaining under the Labor-HHS Subcommittee’s 602(b) allocation, $27.0 million in budget authority and $5.8 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund 5 Of the amounts remaining under the Treasury -Postal Subcommittees 602(b) allocation, $1.3 million in budget authority and $0.1 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund. 6 Of the amounts remaining under the Appropriations Committee’s 602(a) allocation, $68.8 million in budget authority and $9.9 million in outlays is available only for appropriations from the Violent Crime Reduction Trust Fund. Note.—Details may not add to totals due to rounding.

Mr. HATFIELD. Mr. President, what recognize a woman who does not pos- MESSAGES FROM THE PRESIDENT is the parliamentary situation? sess such a vita, but is nevertheless Messages from the President of the The PRESIDING OFFICER. The Sen- worthy of recognition, the late Mrs. United States were communicated to ator from Illinois has another 11 min- Dollye Hanna, who recently passed the Senate by Mr. Thomas, one of his utes 33 seconds left. away at the age of 98. secretaries. Mr. HATFIELD. I have 30 minutes. Though Mrs. Hanna, or ‘‘Momma f The PRESIDING OFFICER. That is Doll’’ as she was affectionately known correct. by her family and friends, was not in- EXECUTIVE MESSAGES REFERRED Mr. HATFIELD. The proponents? volved in either public service or the As in executive session the Presiding The PRESIDING OFFICER. They private sector, she did dedicate her life Officer laid before the Senate messages have 11 minutes 32 seconds available. to the noblest endeavor there is, her from the President of the United f family. In her almost century on this States submitting sundry nominations earth, she was a loving wife, mother, which were referred to the appropriate MORNING BUSINESS grandmother, great grandmother, and committees. Mr. HATFIELD. Mr. President, I ask great-great grandmother. She set an (The nominations received today are unanimous consent that there now be a example for kindness and caring, and printed at the end of the Senate pro- period for the transaction of routine as the matriarch of the family, she left ceedings.) morning business with Senators per- her strong mark and influence on four f mitted to speak for up to 5 minutes generations of Hannas. MESSAGES FROM THE HOUSE each. During a service held in her memory The PRESIDING OFFICER. Without last month, Mrs. Hanna was remem- At 1:55 p.m., a message from the objection, it is so ordered. bered as a woman who was: a lady; a House of Representatives, delivered by Mr. Hays, one of its reading clerks, an- f mother; a friend; someone who spanned time; and as a child of The Father. I nounced that the House has passed the TRIBUTE TO THE LATE DOLLYE cannot think of a more flattering or following bill, in which it requests the HANNA appropriate manner in which to re- concurrence of the Senate: Mr. THURMOND. Mr. President, each member this special woman who de- H.R. 2020. An act making appropriations day, members of this body rise to pay voted herself to caring for her husband, for the Treasury Department, the United States Postal Service, the Executive Office tribute to men and women who have children, and extended family. She is of the President, and certain Independent had an impact on our Nation in one someone who will certainly be missed Agencies, for the fiscal year ending Sep- manner or another. On any given day by all those who knew her, and my tember 30, 1996, and for other purposes. the RECORD will contain passages prais- sympathies go out to all those who f ing elected officials, captains of indus- knew and cared for this remarkable try, and others who have accumulated lady, especially her grandchildren: E.G. MEASURES REFERRED a list of accomplishments that are usu- Meybohm; Robert L. Meybohm; Dollye The following bill was read the first ally nothing less than impressive and W. Ward; Mildred W. Ghetti; and Hanna and second times by unanimous con- oftentimes enviable. Today, I want to W. Fowler. sent and referred as indicated:

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10426 CONGRESSIONAL RECORD — SENATE July 20, 1995 H.R. 2020. An act making appropriations SUBMISSION OF CONCURRENT AND Fortunately, the ‘‘orphan’’ percep- for the Treasury Department, the United SENATE RESOLUTIONS tion has been changing over the 12 States Postal Service, the Executive Office The following concurrent resolutions years that this research credit has been of the President, and certain Independent in effect. In fact, Mr. President, phar- Agencies, for the fiscal year ending Sep- and Senate resolutions were read, and tember 30, 1996, and for other purposes; to referred (or acted upon), as indicated: maceutical companies have made great strides in discovering treatments for the Committee on Appropriations. By Mr. PRESSLER (for himself, Mr. STEVENS, Mr. BAUCUS, Mr. BOND, Mrs. these orphan diseases. While only seven f BOXER, Mr. BROWN, Mr. BUMPERS, Mr. orphan drugs were approved by the FDA in the decade before the credit’s REPORTS OF COMMITTEES COCHRAN, Mrs. FEINSTEIN, Mr. GOR- TON, Mr. HOLLINGS, Mr. KERRY, Mr. initial passage, over 100 have been ap- The following reports of committees LAUTENBERG, Mr. LOTT, Ms. proved since and approximately 600 are were submitted: MOSELEY-BRAUN, Mr. MURKOWSKI, Mr. now in development. By Mrs. KASSEBAUM, from the Com- PACKWOOD, Mr. PELL, Mr. PRYOR, Mr. For example, the FDA recently ap- mittee on Labor and Human Resources, with ROTH, and Mr. SIMON: proved the first-ever treatment for S. Res. 155. A resolution expressing the an amendment in the nature of a substitute: Gaucher disease, a debilitating and S. 919. A bill to modify and reauthorize the sense of the Senate that the action taken by the Government of Japan against United sometimes fatal genetic disorder. This Child Abuse Prevention and Treatment Act, disease afflicts fewer than 5,000 people and for other purposes (Rept. No. 104–117). States air cargo and passenger carriers rep- By Mr. HATCH, from the Committee on resents a clear violation of the United worldwide, yet Genzyme Corp. ex- the Judiciary, without amendment and with States/Japan bilateral aviation agreement pended its time and money to search a preamble: that is having severe repercussions on for a treatment precisely because of S. Res. 103. A resolution to proclaim the United States air carriers and, in general, the orphan drug credit’s incentives. week of October 15 through October 21, 1995, customers of these United States carriers; to Mr. President, this credit’s effective- as National Character Counts Week, and for the Committee on Foreign Relations. ness has been tested for the past 12 other purposes. f years, and it has passed with flying col- f STATEMENTS ON INTRODUCED ors. Few provisions of the tax code can BILLS AND JOINT RESOLUTIONS claim to have clearly reduced human EXECUTIVE REPORTS OF suffering and to have expanded our By Mr. HATCH (for himself and Mr. COMMITTEES store of medical knowledge. This credit BAUCUS): S. 1052. A bill to amend the The following executive reports of has done both. Internal Revenue Code of 1986 to make By helping small, entrepreneurial committees were submitted: permanent the credit for clinical test- firms to take advantage of the orphan By Mr. HATCH, from the Committee on ing expenses for certain drugs for rare drug credit, we can make it even more the Judiciary: diseases or conditions and to provide effective. Currently, Mr. President, the James L. Dennis, of Louisiana, to be U.S. for carryovers and carrybacks of un- circuit judge for the Fifth Circuit. tax credit only serves as an incentive used credits; to the Committee on Fi- for companies that earn a current-year (The above nomination was reported nance. profit. Under the previous law, if the with the recommendation that he be f credit could not be used immediately, confirmed.) THE ORPHAN DRUG ACT OF 1995 it was lost forever. For large, profit- By Mr. PRESSLER, from the Committee able drug companies, this was rarely a on Commerce, Science, and Transportation: Mr. HATCH. Mr. President, today I problem. Roberta L. Gross, of the District of Colum- am introducing the Orphan Drug Act of bia, to be Inspector General, National Aero- However, for many small, start-up nautics and Space administration. 1995, legislation to modify and extend pharmaceutical companies, this cur- Vera Alexander, of Alaska, to be a member permanently the orphan drug tax cred- rent-year restriction makes the credit of the Marine Mammal Commission for a it. Identical legislation has been intro- of little or no use. These firms typi- term expiring May 13, 1997. duced in the House by Representatives cally lose money in the early years Robert Clarke Brown, of New York, to be a by NANCY JOHNSON and ROBERT MATSUI. since they put all available funding member of the Board of Directors of the Met- This credit encourages private firms to into research. They only expect to see ropolitan Washington Airports Authority for develop treatments for rare diseases. profits many years into the future. a term of 6 years. As many of my colleagues know, this While many of the Nation’s drug break- (The above nominations were re- medical research tax credit expired at throughs have come from these small ported with the recommendation that the end of 1994. I am pleased that my firms, Mr. President, the credit’s cur- they be confirmed, subject to the nomi- good friend and colleague from Mon- rent structure has left them out in the nees’ commitment to respond to re- tana, Senator BAUCUS, is joining me. cold. quests to appear and testify before any Since the 1983 enactment of the or- In order to improve the credit’s use- duly constituted committee of the Sen- phan drug tax credit, we have seen very fulness, this bill will allow firms to ate. encouraging progress in developing new carry the credit back 3 years and carry f drugs to alleviate suffering from a it forward 15 years. This will give number of so-called orphan diseases. small, growing companies an incentive INTRODUCTION OF BILLS AND The name ‘‘orphan’’ was coined to re- to find ways to treat these rare dis- JOINT RESOLUTIONS flect a perceived lack of concern about eases that cause so many to suffer. The following bills and joint resolu- diseases that affect relatively small In my home State of Utah, a healthy tions were introduced, read the first numbers of people. biomedical industry is emerging. In the and second time by unanimous con- Mr. President, the incentive provided course of research, scientists often sent, and referred as indicated: by this credit gives hope to individuals stumble upon treatments that could, if who suffer from such rare but dev- developed, improve the lives of victims By Mr. HATCH (for himself and Mr. astating conditions as Tourette’s syn- of rare diseases. However, because of BAUCUS): S. 1052. A bill to amend the Internal Rev- drome, Huntington’s disease, and the high cost of drug experiments and enue Code of 1986 to make permanent the neurofibromatosis. Many drugs des- the enormous expense involved in gain- credit for clinical testing expenses for cer- ignated as orphan drugs have a much ing FDA approval, many researchers tain drugs for rare diseases or conditions and smaller potential market than even the reluctantly set these promising drug to provide for carryovers and carrybacks of 200,000 patients referred to in the defi- innovations aside. Mr. President, this unused credits; to the Committee on Fi- nition in this bill—sometimes they are should not happen, not when so many nance. for conditions that affect as few as are suffering from these rare diseases, By Mr. LIEBERMAN (for himself and 1,000 persons in the United States. This and we have an effective credit avail- Mr. D’AMATO): S. 1053. A bill to amend the Internal Rev- means that without some incentive able that has proven its benefits. enue Code of 1986 to promote capital forma- there is simply no possibility for a firm I urge my Senate colleagues to join tion for the development of new businesses; to profit from its decision to develop me in sponsoring this legislation. Mr. to the Committee on Finance. drugs that treat these diseases. President, I ask unanimous consent

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10427 that the text of this bill be printed in (d) EFFECTIVE DATE.— creased Medicare reimbursement for the RECORD. (1) SUBSECTION (a).—The amendment made nurse practitioners and clinical nurse There being no objection, the bill was by subsection (a) shall apply to amounts paid specialists to increase the delivery of ordered to be printed in the RECORD, as or incurred after December 31, 1994. health services in health professional follows: (2) CARRYOVERS AND CARRYBACKS.—The amendments made by subsections (b) and (c) shortage areas, and for other purposes. S. 1052 shall apply to taxable years beginning after S. 955 Be it enacted by the Senate and House of Rep- December 31, 1994. resentatives of the United States of America in At the request of Mr. HATCH, the Congress assembled, f names of the Senator from Arkansas SECTION 1. CREDIT FOR CERTAIN CLINICAL ADDITIONAL COSPONSORS [Mr. BUMPERS] and the Senator from TESTING EXPENSES MADE PERMA- Arizona [Mr. KYL] were added as co- NENT; CARRYOVER AND CARRYBACK S. 187 sponsors of S. 955, a bill to clarify the OF UNUSED CREDITS. At the request of Mr. MCCAIN, the scope of coverage and amount of pay- (a) CREDIT MADE PERMANENT.—Section 28 name of the Senator from South Da- of the Internal Revenue Code of 1986 (relat- ment under the Medicare program of ing to clinical testing expenses for certain kota [Mr. PRESSLER] was added as a co- items and services associated with the drugs for rare diseases or conditions) is sponsor of S. 187, a bill to provide for use in the furnishing of inpatient hos- amended by striking subsection (e). the safety of journeymen boxers, and pital services of certain medical de- (b) CARRYOVER AND CARRYBACK OF UNUSED for other purposes. vices approved for investigational use. CREDITS.—Paragraph (2) of section 28(d) of S. 254 such Code is amended by adding at the end S. 968 the following flush sentences: At the request of Mr. LOTT, the At the request of Mr. MCCONNELL, ‘‘Rules similar to the rules of subsections names of the Senator from Utah [Mr. the names of the Senator from Idaho (a), (b), and (c) of section 39 shall apply to BENNETT], the Senator from Minnesota [Mr. KEMPTHORNE] and the Senator the credit under this section. No credit under [Mr. WELLSTONE], and the Senator from from Mississippi [Mr. COCHRAN] were this section may be carried under such rules Connecticut [Mr. LIEBERMAN] were added as cosponsors of S. 968, a bill to to a taxable year beginning before January 1, added as cosponsors of S. 254, a bill to 1995.’’ require the Secretary of the Interior to (c) TECHNICAL AMENDMENTS RELATED TO extend eligibility for veterans’ burial prohibit the import, export, sale, pur- CARRYOVER AND CARRYBACK OF CREDITS.— benefits, funeral benefits, and related chase, and possession of bear viscera or (1) CARRYOVER OF CREDIT.— benefits for veterans of certain service products that contain or claim to con- (A) Subsection (c) of section 381 of such in the United States merchant marine tain bear viscera, and for other pur- Code (relating to items of the distributor or during World War II. transferor corporation) is amended by adding poses. S. 308 at the end thereof the following new para- S. 969 graph: At the request of Mr. HATFIELD, the At the request of Mr. BRADLEY, the ‘‘(27) CREDIT UNDER SECTION 28.—The ac- name of the Senator from Mississippi name of the Senator from Washington quiring corporation shall take into account [Mr. COCHRAN] was withdrawn as a co- [Mrs. MURRAY] was added as a cospon- (to the extent proper to carry out the pur- sponsor of S. 308, a bill to increase ac- poses of this section and section 28, and sor of S. 969, a bill to require that cess to, control the costs associated under such regulations as may be prescribed health plans provide coverage for a with, and improve the quality of health by the Secretary) the items required to be minimum hospital stay for a mother care in States through health insur- taken into account for purposes of section 28 and child following the birth of the in respect to the distributor or transferor ance reform, State innovation, public child, and for other purposes. corporation.’’ health, medical research, and reduction (B) Paragraph (2) of section 383(a) of such of fraud and abuse, and for other pur- S. 974 Code (relating to special limitations on cer- poses. At the request of Mr. GRASSLEY, the tain excess credits, etc.) is amended by re- name of the Senator from Arizona [Mr. designating subparagraphs (A) and (B) as S. 356 KYL] was added as a cosponsor of S. 974, subparagraphs (B) and (C), respectively, and At the request of Mr. SHELBY, the by inserting before subparagraph (B) (as so name of the Senator from North Caro- a bill to prohibit certain acts involving the use of computers in the furtherance redesignated) the following new subpara- lina [Mr. FAIRCLOTH] was added as a co- graph: sponsor of S. 356, a bill to amend title of crimes, and for other purposes. ‘‘(A) any unused clinical testing credit S. 1009 under section 28,’’. 4, United States Code, to declare (2) CARRYBACK OF CREDIT.— English as the official language of the At the request of Mr. D’AMATO, the (A) Subparagraph (C) of section 6511(d)(4) of Government of the United States. name of the Senator from Louisiana such Code (defining credit carryback) is S. 559 [Mr. JOHNSTON] was added as a cospon- amended by inserting ‘‘any clinical testing At the request of Mr. SIMPSON, the sor of S. 1009, a bill to prohibit the credit carryback under section 28 and’’ after fraudulent production, sale, transpor- ‘‘means’’. names of the Senator from Mississippi (B) Subsection (a) of section 6411 of such [Mr. COCHRAN], the Senator from Ten- tation, or possession of fictitious items Code (relating to tentative carryback and re- nessee [Mr. THOMPSON], and the Sen- purporting to be valid financial instru- fund adjustments) is amended— ator from Rhode Island [Mr. PELL] ments of the United States, foreign (i) by inserting ‘‘by a clinical testing credit were added as cosponsors of S. 559, a governments, States, political subdivi- carryback under section 28,’’ after ‘‘172(b),’’ sions, or private organizations, to in- in the first sentence, and bill to amend the Lanham Act to re- (ii) by striking ‘‘net capital loss’’ the first quire certain disclosures relating to crease the penalties for counterfeiting place it appears in the second sentence and materially altered films. violations, and for other purposes. all that follows before ‘‘in the manner and S. 863 SENATE JOINT RESOLUTION 26 form’’ and inserting ‘‘net capital loss, unused At the request of Mr. SIMPSON, the clinical testing credit, or unused business At the request of Mr. GRASSLEY, the credit from which the carryback results and name of the Senator from Hawaii [Mr. name of the Senator from Alaska [Mr. within a period of 12 months after such tax- INOUYE] was added as a cosponsor of S. STEVENS] was added as a cosponsor of able year or, with respect to any portion of 863, a bill to amend title XVIII of the Senate Joint Resolution 26, a joint res- a clinical testing credit carryback or busi- Social Security Act to provide for in- olution designating April 9, 1995, and ness credit carryback attributable to a net creased Medicare reimbursement for April 9, 1996, as ‘‘National Former Pris- operating loss carryback or a net capital loss physician assistants, to increase the oner of War Recognition Day.’’ carryback from a subsequent taxable year, within a period of 12 months from the end of delivery of health services in health SENATE RESOLUTION 146 such subsequent taxable year or, with re- professional shortage areas, and for At the request of Mr. JOHNSTON, the spect to any portion of a business credit other purposes. name of the Senator from Louisiana carryback attributable to a clinical testing S. 864 [Mr. BREAUX] was added as a cosponsor credit carryback from a subsequent taxable At the request of Mr. GRASSLEY, the of Senate Resolution 146, a resolution year within a period of 12 months from the name of the Senator from Hawaii [Mr. designating the week beginning No- end of such subsequent taxable year,’’. (C) Paragraph (1) of section 6411(a) of such INOUYE] was added as a cosponsor of S. vember 19, 1995, and the week begin- Code is amended by inserting ‘‘unused clin- 864, a bill to amend title XVIII of the ning on November 24, 1996, as ‘‘National ical testing credit,’’ after ‘‘net capital loss,’’. Social Security Act to provide for in- Family Week,’’ and for other purposes.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10428 CONGRESSIONAL RECORD — SENATE July 20, 1995 SENATE RESOLUTION 147 taken against the Government of Japan for Mr. President, for today and the fu- At the request of Mr. THURMOND, the its egregious violation of the United States/ ture, the economic stakes of this trade name of the Senator from Louisiana Japan bilateral aviation agreement; and dispute are tremendous and therefore (3) calls upon the President of the United [Mr. JOHNSTON] was added as a cospon- States to promptly impose against the Gov- the administration must be prepared to sor of Senate Resolution 147, a resolu- ernment of Japan whatever countermeasures impose strong countermeasures. We tion designating the weeks beginning are necessary and appropriate to ensure the cannot negotiate indefinitely while our September 24, 1995, and September 22, Government of Japan abides by the terms of carriers suffer severe economic dam- 1996, as ‘‘National Historically Black the United States/Japan bilateral aviation ages. agreement. Colleges and Universities Week,’’ and I cannot emphasize enough the sig- Mr. PRESSLER. Mr. President, I rise for other purposes. nificance of the economic stakes of the today to submit a resolution express- United States/Japan aviation dispute. f ing the concern of the United States For example, in 1994 the total revenue SENATE RESOLUTION 155—REL- Senate over the Government of Japan’s violation of the bilateral aviation value of passenger and freight traffic ATIVE TO UNITED STATES/ for United States carriers between the JAPAN AVIATION DISPUTE agreement between our two countries and its continued refusal to respect United States and Japan was approxi- Mr. PRESSLER (for himself, Mr. this agreement. mately $6 billion. During that same STEVENS, Mr. BAUCUS, Mr. BOND, Mrs. I am pleased so many of my col- year, the value of cargo shipped by air BOXER, Mr. BROWN, Mr. BUMPERS, Mr. leagues from both sides of the aisle between the United States and Japan COCHRAN, Mrs. FEINSTEIN, Mr. GORTON, have joined me in submitting this reso- was roughly $47 billion. This figure in- Mr. HOLLINGS, Mr. KERRY, Mr. LAUTEN- lution. It speaks volumes about the im- creases to approximately $132 billion BERG, Mr. LOTT, Ms. MOSELEY-BRAUN, portance of the issue. In particular, I when one considers the value of cargo Mr. MURKOWSKI, Mr. PACKWOOD, Mr. thank my good friend from Alaska, shipped by air between the United PELL, Mr. PRYOR, Mr. ROTH, and Mr. Senator STEVENS, who has worked very States and all Asian countries. These SIMON) submitted the following resolu- closely with me on this matter for figures speak loudly for themselves. tion; which was referred to the Com- some time. These statistics are indeed impres- mittee on Foreign Relations: As I said last month when I addressed sive. Yet they do not tell the whole S. RES. 155 the Senate at length on the United story. While both the current size and States/Japan aviation dispute, this Whereas the Governments of the United the potential for the future of our avia- States and Japan entered into a bilateral issue is extraordinarily straight- tion market to Japan and beyond to aviation agreement in 1952 that has been forward: Should the United States other Asian countries are impressive, modified periodically to reflect changes in allow Japan to unilaterally deny the figures cited earlier do not rise to the aviation relationship between the two United States carriers rights guaran- their proper level of significance until countries; teed those carriers by the United one considers the more than $65 billion Whereas in 1994 the total revenue value of States/Japan bilateral aviation agree- trade deficit the United States cur- passenger and freight traffic for United ment? The clear and unequivocal an- rently has with Japan. States air carriers between the United swer is ‘‘no.’’ States and Japan was approximately $6 bil- If we tolerate and accept this breach, As chairman of the Senate Com- lion; it would establish a very dangerous mittee on Commerce, Science, and Whereas the United States/Japan bilateral precedent for U.S. international avia- Transportation, all too often I see pa- aviation agreement guarantees three U.S. tion relations. The Chinese among oth- rochial fighting among U.S. air car- carriers ‘‘beyond rights’’ that authorize riers undermine our country’s inter- them to fly into Japan, take on additional ers are very carefully watching how passengers and cargo, and then fly to an- the United States reacts in this dis- national aviation policy. This infight- other country; pute. The potential ramifications are ing sets off a chain reaction on Capitol Whereas the United States/Japan bilateral much broader than aviation. We would Hill. The political firestorm that re- aviation agreement requires that, within 45 send the nations of the world the mes- sults unfortunately often prevents the days of filing a notice with the Government sage it is okay to pick and choose Secretary of Transportation from mak- of Japan, the Government of Japan must au- which provisions of agreements with ing the strongest possible international thorize United States air carriers to serve the United States they want to abide aviation agreements. Instead, we ac- routes guaranteed by their ‘‘beyond rights’’; by. That is a very dangerous message. cept international agreements that Whereas United States air carriers have One we must not send. may serve the best political interest of made substantial economic investment in re- an administration, but that all too liance upon the expectation their rights I was pleased when the Department under the United States/Japan bilateral of Transportation issued a show-cause often fail to produce the greatest pos- aviation agreement would be honored by the order to the Government of Japan on sible economic gain for our country. Government of Japan; June 19 in response to its violation of Foreign nations know this is our Achil- Whereas the Government of Japan has vio- our air service agreement. The admin- les heel in international aviation nego- lated the United States/Japan bilateral avia- istration was absolutely correct in tiations. They know it and they exploit tion agreement by preventing United States doing so. If anything, the show-cause it. air carriers from serving routes clearly au- order could have been issued sooner, thorized by their ‘‘beyond rights’’; and Mr. President, this resolution puts but quite correctly, the administration the Senate on record in clear opposi- Whereas the refusal by the Government of was patient in its good faith talks to Japan to respect the terms of the United tion to the actions of the Japanese try to resolve this dispute. The Govern- States/Japan bilateral aviation agreement is Government. It is designed to place the having severe repercussions on United States ment of Japan left us with no other op- administration in a position of polit- tion. air carriers and, in general, customers of ical strength from which it can deal A month has passed since the show- these United States air carriers: Now, there- with this vitally important inter- fore, be it cause order was issued. The United national aviation matter. I had hoped Resolved, That the Senate— States continues to negotiate in good the show-cause order would serve as a (1) calls upon the Government of Japan to faith with the Government of Japan. wake-up call to the Government of honor and abide by the terms of the United Unfortunately, the Government of Japan. Apparently it has not. States/Japan bilateral aviation agreement Japan continues to refuse to honor the and immediately authorize United States air United States/Japan bilateral aviation It is my hope this resolution will fur- cargo and passenger carriers which have agreement. I am not surprised because ther drive home the message to the pending route requests relating to their ‘‘beyond rights’’ to immediately commence time is on the side of Japan. The longer Government of Japan that inter- service on the requested routes; Japan delays, the longer they prevent national agreements are to be honored, (2) calls upon the President of the United our carriers from competing against not unilaterally disregarded. I urge all States to identify strong and appropriate their inefficient carriers. Time is defi- of my colleagues to support this resolu- forms of countermeasures that could be nitely on their side. tion.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10429 AMENDMENTS SUBMITTED In lieu of the language proposed to be in- (9) the rampage of violence and suffering in serted, insert the following: Bosnia and Herzegovina continues unchecked It is the sense of the Senate that before the and the United Nations and NATO remain THE LEGISLATIVE BRANCH conclusion of the 104th Congress, comprehen- unable or unwilling to stop it; and APPROPRIATIONS ACT, 1996 sive welfare reform, food stamp reform, (10) the feeble reaction to the Bosnian Medicare reform, Medicaid reform, superfund tragedy is sending a message to the world reform, wetlands reform, reauthorization of that barbaric warfare and inhumanity is to BYRD AMENDMENT NO. 1802 the Safe Drinking Water Act, reauthoriza- be rewarded: Now, therefore, be it tion of the Endangered Species Act, immi- (b) SENSE OF THE SENATE.—It is the sense Mr. BYRD proposed an amendment gration reform, Davis-Bacon reform, State of the Senate that the Senate hereby to the bill (H.R. 1854) making appro- Department reauthorization, Defense De- (1) condemns the war crimes and crimes priations for the legislative branch for partment reauthorization, Bosnia arms em- against humanity committed by all sides to the conflict in the Balkans, particularly the the fiscal year ending September 30, bargo, foreign aid reauthorization, fiscal year 1996 and 1997 Agriculture appropria- Bosnian Serbs; and 1996, and for other purposes; as follows: (2) condemns the policies and actions of tions, Commerce, Justice, State appropria- At the appropriate place in the bill, insert Bosnian Serb President Radovan Karadzic tions, Defense appropriations, District of Co- the following: and Bosnian Serb military commander lumbia appropriations, Energy and Water SEC. . (a) It is the sense of the Senate Ratko Mladic and urges the Special Pros- Development appropriations, Foreign Oper- that the Senate should consider a resolution ecutor of the International Criminal Tri- ations appropriations, Interior appropria- in the 104th Congress, 1st Session, that re- bunal for the Former Yugoslavia to expedite tions, Labor, Health and Human Services quires an accredited member of any of the the review of evidence for their indictment and Education appropriations, Legislative Senate press galleries to file an annual pub- for such crimes. Branch appropriations, Military Construc- lic report with the Secretary of the Senate (3) It is the sense of the Senate that the tion appropriations, Transportation appro- disclosing the identity of the primary em- Special Prosecutor for the International priations, Treasury and Postal appropria- ployer of the member and of any additional Criminal Tribunal for the Former Yugo- tions, and Veterans Affairs, Housing and sources of earned outside income received by slavia should investigate the recent and on- Urban Development, and Independent Agen- the member, together with the amounts re- going violations of international humani- cies appropriations, reauthorization of the ceived from each such source. tarian law in Bosnia and Herzegovina. (b) For purposes of this section, the term Older Americans Act, reauthorization of the (4) The Senate urges the President to make ‘‘Senate press galleries’’ means— Individuals with Disabilities Education Act, all information, including intelligence infor- (1) the Senate Press Gallery; health care reform, job training reform, mation, on war crimes and war criminals (2) the Senate Radio and Television Cor- child support enforcement reform, tax re- available to the International Criminal Tri- respondents Gallery; form, and a ‘‘Farm Bill’’ should be bunal for the Former Yugoslavia. (3) the Senate Periodical Press Gallery; considered. (5) It is the sense of the Senate that the and President should not terminate economic (4) the Senate Press Photographers BROWN AMENDMENT NO. 1805 sanctions, or cooperate in the termination of Gallery. such sanctions, against the Governments of Mr. BROWN proposed an amendment Serbia and Montenegro unless and until the to the bill H.R. 1805, supra; as follows: FEINGOLD (AND OTHERS) President determines and certifies to Con- On page 3, line 26, add at the end the fol- AMENDMENT NO. 1803 gress that President Slobodan Milosovic of lowing, ‘‘The account for the Office of Ser- Serbia is cooperating fully with the Inter- Mr. FEINGOLD (for himself, Mr. geant at Arms and Doorkeeper is reduced by national Criminal Tribunal for the Former MCCAIN, Mrs. FEINSTEIN, Mr. JEFFORDS, $10,000, provided that there shall be no new Yugoslavia. Mr. WELLSTONE, Mr. BRADLEY, Mr. elevator operators hired to operate auto- SIMON, Mr. BIDEN, Mr. LEAHY, Mr. matic elevators.’’ DOLE AMENDMENT NO. 1807 AKAKA, Mr. GRAHAM, Mr. KERRY, and Mr. DOLE proposed an amendment to SPECTER AMENDMENT NO. 1806 Mr. LAUTENBERG) proposed an amend- amendment No. 1803 proposed by Mr. ment to the bill H.R. 1854, supra; as fol- Mr. SPECTER proposed an amend- FEINGOLD to the bill, H.R. 1854, supra; lows: ment to the bill H.R. 1805, supra; as fol- as follows: At the appropriate place, insert the follows: Strike all after the word ‘‘SEC.’’ and insert lowing new section: At the appropriate place insert the fol- the following: ‘‘It is the sense of the Senate SEC. . CAMPAIGN FINANCE REFORM. lowing new section: that before the conclusion of the 104th Con- (A) FINDINGS.—The Congress finds that— SEC. . gress, comprehensive welfare reform, food (1) the current system of campaign finance (a) FINDINGS.—The Congress finds that— stamp reform, Medicare reform, Medicaid re- has led to public perceptions that political (1) war and human tragedy have reigned in form, superfund reform, wetlands reform, re- contributions and their solicitation have un- the Balkans since January 1991; authorization of the Safe Drinking Water duly influenced the official conduct of elect- (2) the conflict has occasioned the most Act, reauthorization of the Endangered Spe- ed officials; horrendous war crimes since Nazi Germany cies Act, immigration reform, Davis-Bacon (2) the failure to limit campaign expendi- and the Third Reich’s death camps; reform, State Department reauthorization, tures in any way has caused individuals (3) these war crimes have been character- Defense Department reauthorization, Bosnia elected to the United States Senate to spend ized by ‘‘ethnic cleansing’’, summary execu- arms embargo, foreign aid reauthorization, an increasing portion of their time in office tions, torture, forcible displacement, mas- fiscal year 1996 and 1997 Agriculture appro- raising campaign funds, interfering with the sive and systematic rape, and attacks on priations, Commerce, Justice, State appro- ability of the Senate to carry out its con- medical and relief personnel committed priations, Defense appropriations, District of stitutional responsibilities; mostly by Bosnian Serb military, para-mili- Columbia appropriations, Energy and Water (3) the public faith and trust in Congress as tary, and police forces; Development appropriations, Foreign Oper- an institution has eroded to dangerously low (4) more than 200,000 people, mostly Bos- ations appropriations, Interior appropria- levels and public support for comprehensive nian Muslims, have been killed or are miss- tions, Labor, Health and Human Services congressional reforms is overwhelming; and ing, 2.2 million are refugees, and another 1.8 and Education appropriations, Legislative (4) reforming our election laws should be a million have been displaced in Bosnia; Branch appropriations, Military Construc- high legislative priority of the 104th Con- (5) the final report of the Commission of tion appropriations, Transportation appro- gress. Experts on War Crimes in the Former Yugo- priations, Treasury and Postal appropria- (b) SENSE OF THE SENATE.—It is the sense slavia, submitted to the United Nations Se- tions, and Veterans Affairs, Housing and of the Senate that as soon as possible before curity Council on May 31, 1995, documents Urban Development, and Independent Agen- the conclusion of the 104th Congress, the more than 3500 pages of detailed evidence of cies appropriations, reauthorization of the United States Senate should consider com- war crimes committed in Bosnia; Older Americans Act, reauthorization of the prehensive campaign finance reform legisla- (6) the decisions of the United Nations Se- Individuals with Disabilities Education Act, tion that will increase the competitiveness curity Council have been disregarded with health care reform, comprehensive campaign and fairness of elections to the United States impunity; finance reform, job training reform, child Senate. (7) Bosnian Serb forces have hindered hu- support enforcement reform, tax reform, and manitarian and relief efforts by the United the Farm bill should be considered’’. MCCONNELL AMENDMENT NO. 1804 Nations High Commissioner for Refugees, the International Committee of the Red Mr. MACK (for Mr. MCCONNELL) pro- HOLLINGS (AND OTHERS) Cross, and other relief efforts; AMENDMENT NO. 1808 posed an amendment to amendment (8) Bosnian Serb forces have incessantly No. 1803 proposed by Mr. FEINGOLD to shelled relief outposts, hospitals, and Bos- Mr. HOLLINGS (for himself, Mr. the bill H.R. 1854, supra; as follows: nian population centers; HATCH, Mr. STEVENS, Mr. ROBB, Mr.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10430 CONGRESSIONAL RECORD — SENATE July 20, 1995 LIEBERMAN and Mr. KENNEDY) proposes not be considered by the court except for the both with a requirement of section 624 and an amendment to the bill, H.R. 1854, purpose of determining whether the final any requirement of the statute authorizing supra; as follows: agency action is arbitrary and capricious or the rule, such requirements of section 624 an abuse of discretion (or unsupported by shall not apply to the rule.’’ Strike page 29, line 6, through page 30, line substantial evidence where that standard is 20, and insert in lieu thereof the following: otherwise provided by law). AMENDMENT NO. 1814 For salaries and expenses necessary to carry out the provisions of the Technology In lieu of the matter proposed to be in- Assessment Act of 1972 (Public Law 92–484), ROTH (AND HATCH) AMENDMENT serted, insert the following: including official reception and representa- NO. 1810 ‘‘Notwithstanding any provision of this tion expenses (not to exceed $5,500 from the Act to create a subsection(c) of section 604 of (Ordered to lie on the table.) Title 5 of the United States Code, the fol- Trust Fund), $15,000,000: Provided, That the Mr. ROTH (for himself and Mr. Librarian of Congress shall report to Con- lowing shall apply: gress within 120 days after the date of enact- HATCH) submitted an amendment in- (b) REGULATORY FLEXIBILITY ANALYSIS.— ment of this Act with recommendations on tended to be proposed by them to the (1) FINAL REGULATORY FLEXIBILITY ANAL- how to consolidate the duties and functions bill S. 343, supra; as follows: YSIS.—Section 604 of title 5, United States of the Office of Technology Assessment, the At the end of the amendment add the fol- Code, is amended by adding at the end there- General Accounting Office, and the Govern- lowing: of the following new subsection: ment Printing Office into an Office of Con- ‘‘Notwithstanding any other provision of ‘‘(c)(1) Except as provided in paragraph (2), gressional Services within the Library of this act, 623(i), 625(d), 625(e) and 706(a)(2)(F) no final rule for which a final regulatory Congress by the year 2002: Provided further, shall not be effective, and the following shall flexibility analysis is required under this That notwithstanding any other provision of apply: section shall be promulgated unless the agency finds that the final rule minimizes this Act, each of the following accounts is (d) COMPLETION OF REVIEW OR REPEAL OF compliance burdens on small entities to the reduced by 1.12 percent from the amounts RULE.—If an agency has not completed re- provided elsewhere in this Act: ‘‘salaries, Of- view of the rule by the deadline established maximum extent possible, consistent with fice of the Architect of the Capitol, Archi- under subsection (b), the agency shall imme- the purposes of this subchapter, the objec- tect of the Capitol’’; ‘‘Capitol Buildings, Ar- diately commence a rulemaking action pur- tives of the rule, and the requirements of ap- chitect of the Capitol’’; ‘‘Capitol grounds, suant to section 553 of this title to repeal the plicable statutes. Architect of the Capitol’’; ‘‘Senate office rule and shall complete such rulemaking ‘‘(2) If an agency determines that a statute buildings, Architect of the Capitol’’; ‘‘Cap- within 2 years of the deadline established requires a rule to be promulgated that does itol power plant, Architect of the Capitol’’; under subsection (b). not satisfy the criterion of paragraph (1), the agency shall— ‘‘library buildings and grounds, Architect of (e) STANDARDS FOR REVIEW.—In any pro- the Capitol’’; and ‘‘salaries and expenses, Of- ceeding involving judicial review under sec- ‘‘(A) include a written explanation of such fice of the Superintendent of Documents, tion 706 or under the statute granting the determination in the final regulatory flexi- Government Printing Office’’: Provided fur- rulemaking authority, failure to comply bility analysis; and ther, That notwithstanding any other provi- with this subchapter or subchapter III may ‘‘(B) transmit the final regulatory flexi- sion of this Act, the amounts provided else- not be considered by the court except for the bility analysis to Congress when the final where in this Act for ‘‘salaries and expenses, purpose of determining whether the final rule is promulgated.’’. General Accounting Office,’’ are reduced by agency action is arbitrary and capricious or 1.92 percent. an abuse of discretion (or unsupported by CRAIG (AND OTHERS) f substantial evidence where that standard is AMENDMENTS NOS. 1815–1817 otherwise provided by law). THE COMPREHENSIVE REGU- (Ordered to lie on the table.) Mr. CRAIG (for himself, Mr. HATCH, LATORY REFORM ACT OF 1995 HATCH (AND ROTH) AMENDMENTS and Mr. ROTH) submitted three amend- NOS. 1811–1814 ments intended to be proposed by them HATCH (AND ROTH) AMENDMENT (Ordered to lie on the table.) to an amendment to the bill S. 343, NO. 1809 Mr. HATCH (for himself and Mr. supra; as follows: ROTH) submitted four amendments in- AMENDMENT NO. 1815 (Ordered to lie on the table.) tended to be proposed by them to the Mr. HATCH (for himself and Mr. In the matter to be inserted strike ‘‘the bill S. 343, supra; as follows: agency head may promulgate’’ and insert in ROTH) submitted an amendment in- AMENDMENT NO. 1811 lieu thereof ‘‘the agency head may (and if tended to be proposed by them to the In lieu of the matter proposed to be in- the agency has a nondiscretionary duty to bill (S. 343) to reform the regulatory serted, insert the following: issue a rule, shall) promulgate’’. process, and for other purposes; as fol- ‘‘Notwithstanding the provision of 623(e)(3) lows: the following shall apply: AMENDMENT NO. 1816 In lieu of the matter proposed to be in- ‘‘(3) A petition for review of final agency In lieu of the matter proposed, insert the serted, insert the following: action under subsection (b) or subsection (c) following: ‘‘§ 625. Jurisdiction and judicial review shall be filed not later than 60 days after the ‘‘Notwithstanding the provisions of section agency publishes the final rule under sub- 626 of this Act, the following shall apply: ‘‘(a) REVIEW.—Compliance or noncompli- section (b). The court shall, to the extent ‘‘§ 626. Deadlines for rulemaking ance by an agency with the provisions of this practicable, consolidate such actions in one subchapter and subchapter III shall be sub- proceeding.’’ ‘‘(a) STATUTORY.—All deadlines in statutes ject to judicial review only in accordance that require agencies to propose or promul- with this section. gate any rule subject to section 622 or sub- AMENDMENT NO. 1812 ‘‘(b) JURISDICTION.—(1) Except as provided chapter III during the 2-year period begin- in subsection (e), subject to paragraph (2), In lieu of the matter proposed to be in- ning on the effective date of this section each court with jurisdiction under a statute serted, insert the following: shall be suspended until the earlier of— to review final agency action to which this ‘‘Notwithstanding section 553(l) of title 5 of ‘‘(1) the date on which the requirements of title applies, has jurisdiction to review any the United States Code, the following shall section 622 or subchapter III are satisfied; or claims of noncompliance with this sub- apply: ‘‘(2) the date occurring 6 months after the chapter and subchapter III. ‘‘(l) RULEMAKING PETITION.—(1) Each agen- date of the applicable deadline. ‘‘(2) Except as provided in subsection (e), cy shall give an interested person the right ‘‘(b) COURT-ORDERED.—All deadlines im- no claims of noncompliance with this sub- to petition for the issuance, amendment, or posed by any court of the United States that chapter or subchapter III shall be reviewed repeal of a rule.’’ would require an agency to propose or pro- separate or apart from judicial review of the mulgate a rule subject to section 622 or sub- final agency action to which they relate. AMENDMENT NO. 1813 chapter III during the 2-year period begin- ‘‘(c) RECORD.—Any analysis or review re- In lieu of the matter proposed to be in- ning on the effective date of this section quired under this subchapter or subchapter serted, insert the following: shall be suspended until the earlier of— III shall constitute part of the rulemaking ‘‘Notwithstanding the provisions of 624(a), ‘‘(1) the date on which the requirements of record of the final agency action to which it the following shall apply: CONSTRUCTION section 622 or subchapter III are satisfied; or pertains for the purposes of judicial review. WITH OTHER LAWS.—The requirements of sec- ‘‘(2) the date occurring 6 months after the ‘‘(d) STANDARDS FOR REVIEW.—In any pro- tion 624 shall supplement and not supersede, date of the applicable deadline. ceeding involving judicial review under sec- any other decisional criteria otherwise pro- ‘‘(c) OBLIGATION TO REGULATE.—In any tion 706 or under the statute granting the vided by law. If, with respect to any rule to case in which the failure to promulgate a rulemaking authority, failure to comply be promulgated by a Federal agency, the rule by a deadline occurring during the 2- with this subchapter or subchapter III may agency cannot comply as a matter of law, year period beginning on the effective date

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10431 of this section would create an obligation to health or the environment and if only under scription of the petition) through publica- regulate through individual adjudications, unrealistic exposures would such chemical tion of a notice in the newspapers of general the deadline shall be suspended until the ear- pose one or more of the hazards described in circulation in the area in which the facility lier of— subsection (d)(2)(B) or (d)(2)(C). Nothing in or facilities are located. Agencies may au- ‘‘(1) the date on which the requirements of this section shall be construed to require the thorize or require petitioners to use addi- section 622 or subchapter III are satisfied; or Administrator or a person to carry out a risk tional or alternative means of informing the ‘‘(2) the date occurring 6 months after the assessment under section 633 of title 5, public of the submission of such petitions. If date of the applicable deadline. United States Code, to carry out a site-spe- the agency proposes to grant the petition, cific analysis to establish actual ambient the agency shall provide public notice and AMENDMENT NO. 1817 concentrations, or to document adverse ef- opportunity to comment on the petition and In lieu of the matter proposed, insert the fects at any particular location.’’ on any proposed enforceable agreements. following: ‘‘(e) DEADLINE AND LIMITATION ON SUBSE- ‘‘Notwithstanding Section 553(f)(4) the fol- BOND (AND ROBB) AMENDMENT QUENT PETITIONS.—A decision to grant or lowing Shall apply; (4) A description of the NO. 1823 deny a petition under this subsection shall factual conclusions upon which the rule is be made no later than 240 days after a com- based.’’ (Ordered to lie on the table.) plete petition is submitted. Following a deci- Mr. BOND (for himself and Mr. ROBB) sion to deny a petition under this section, no submitted an amendment to amend- petition, submitted by the same person, may NUNN AMENDMENTS NOS. 1818–1819 ment No. 1797 submitted by Mr. BOND be granted unless it applies to a different fa- (Ordered to lie on the table.) to amendment No. 1487 proposed by Mr. cility, or it is based on a change in a fact, Mr. NUNN submitted two amend- DOLE to the bill S. 343, supra; as fol- circumstance, or provision of law underlying ments intended to be proposed by him lows: or otherwise related to the rules subject to the petition. to amendment No. 1700 submitted by On page 1 line 4, strike everything through him to the bill S. 343, supra; as follows: the end of the amendment and insert in lieu ‘‘(f) AGREEMENT.—Upon granting a petition under this section, the agency shall propose AMENDMENT NO. 1818 thereof the following: one or more enforceable agreements estab- On page 1, line 8 insert before the semi- ‘‘Petition for alternative means of compliance lishing alternative methods of compliance colon the following: ‘‘, except that this sub- ‘‘(a) IN GENERAL.—Any entity subject to for the facilities subject to the petition in paragraph shall not apply to more than 150 one or more human health, safety or envi- lieu of the otherwise applicable rules. Not such rules (or sets of closely related rules) ronmental rules may petition an agency to withstanding any other provision of law, proposed by the agency during any fiscal modify or waive such rules. The petitioned such enforceable agreements may modify or year’’. agency is authorized to enter into one or waive the terms of any human health safety more enforceable agreements establishing al- or environmental rule, including any stand- AMENDMENT NO. 1819 ternative means to demonstrate compliance, ard, limitation, permit condition, order, reg- On page 1, line 8 insert before the semi- not otherwise permitted by such rules, to be ulation or other requirement issued by the colon the following: ‘‘, except that this sub- complied with in lieu of such rules. The peti- agency consistent with the requirements of paragraph shall not apply to more than 100 tion shall identify with reasonable speci- subsection (b) and (c), provided that the such rules (or sets of closely related rules) ficity, the facilities for which an alternative state in which the facility is located agrees proposed by the agency during any fiscal means of compliance is sought, the rules for to any modification or waiver of applicable year’’. which a modification or waiver is sought, the rules. If accepted by the owner or operator of proposed alternative means of compliance, a facility, compliance with such agreement and the proposed form of an enforceable shall be deemed to be compliance with the NUNN AMENDMENTS NOS. 1820–1821 agreement. laws and rules identified in the agreement. (Ordered to lie on the table.) ‘‘(b) STANDARDS.—(1) The agency shall An agreement entered into under this sec- Mr. NUNN submitted two amend- grant a petition under this section if the tion shall provide for enforcement as if it agency determines that the petitioner shows ments intended to be proposed by him were a provision of the rule or rules being there is a reasonable likelihood that the al- modified or waived. to amendment No. 1698 submitted by ternative means of compliance— ‘‘(g) NEPA NONAPPLICABILITY.—Approval of him to the bill S. 343, supra; as follows: (A) would achieve an overall level of pro- an alternative means of compliance under tection of health, safety and the environ- AMENDMENT NO. 1820 this section by an agency shall not be con- ment at least substantially equivalent to or On page 1, line 8 insert before the semi- sidered a major Federal action for purposes exceeding the level of protection provided by colon the following: ‘‘, except that this sub- of the National Environmental Policy Act. the rules subject to the petition; paragraph shall not apply to more than 100 ‘‘(h) JUDICIAL REVIEW.—A decision to grant such rules (or sets of closely related rules) (B) would provide a degree of public access to information, and of accountability and en- or deny a petition, or to enter into an en- proposed by the agency during any fiscal forceable agreement, under this section shall year’’. forceability, at least substantially equivalent to the degree provided by the rules sub- not be subject to judicial review. ject to the petition; and ‘‘(i) SAVINGS CLAUSE.—A decision to grant AMENDMENT NO. 1821 (C) would not impose an undue burden on or deny a petition or enter into an enforce- On page 1, line 8 insert before the semi- the agency responsible for enforcing the able agreement shall not create any obliga- colon the following: ‘‘, except that this sub- agreement entered into pursuant to sub- tion on an agency to modify any regulation. paragraph shall not apply to more than 150 section (f). such rules (or sets of closely related rules) (2) In making the determinations under proposed by the agency during any fiscal this subsection, the agency shall take into year’’. account any relevant cross media effects of HATCH (AND LOTT) AMENDMENT the proposed alternative means of compli- NO. 1824 JOHNSTON AMENDMENT NO. 1822 ance, and whether the proposed alternative (Ordered to lie on the table.) means of compliance would transfer any sig- (Ordered to lie on the table.) nificant human health, safety or environ- Mr. HATCH (for himself and Mr. Mr. JOHNSTON submitted an amend- mental effects between populations or geo- LOTT) submitted an amendment in- ment intended to be proposed by him graphic locations. tended to be proposed by them to the to amendment No. 1574 submitted by ‘‘(c) OTHER PROCEDURES.—If the statute au- bill S. 343, supra; as follows: Mr. LAUTENBERG to amendment No. thorizing a rule subject to a petition under this section provides specific available proce- In lieu of the matter proposed insert the 1487 proposed by Mr. DOLE to the bill S. following: ‘‘No chemical may be included on 343, supra; as follows: dures or standards allowing an alternative means of compliance for such rule, which are the list described in subsection (c) of this In lieu of the matter proposed to be in- neither designed to assist the implementa- section if exposures from reasonably antici- serted, insert the following: tion of the existing method of compliance pated releases cannot reasonably be antici- ‘‘(d) TOXICS RELEASE INVENTORY STAND- nor codifications of the constitutional right pated to cause the adverse effects described ARDS.—Section 313(d) of the Emergency to petition the government,such petition in subsection (d)(2)(B) or (d)(2)(C). Planning and Community Right-to-Know shall be reviewed consistent with such proce- ‘‘Nothing in this section shall be construed Act of 1986 (42 U.S.C. 11023(d)) is amended by dures or standards. to require the Administrator or a person to adding the following to the end of paragraph ‘‘(d) PUBLIC NOTICE AND INPUT.—No later carry out a risk assessment under Section (2): than the date on which the petitioner sub- 633 of Title 5, US Code, or a site-specific ‘‘No chemical may be included on the list de- mits the petition to the agency, the peti- analysis to establish actual ambient con- scribed in subsection (c) of this section, if tioner shall inform the public of the submis- centrations or to document adverse effects the chemical has low toxicity to human sion of such petition (including a brief de- at any particular location.’’

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10432 CONGRESSIONAL RECORD — SENATE July 20, 1995 THE LEGISLATIVE BRANCH MURRAY AMENDMENT NO. 1827 At the end of SEC. 308(b)(2) insert: APPROPRIATIONS ACT, 1996 (c) The amendments made by this section Mr. EXON (for Mrs. MURRAY) pro- shall take effect only if the Administrative posed an amendment to amendment Conference of the United States ceases to No. 1825 proposed by Mr. GRAMM to the GRAMM AMENDMENT NO. 1825 exist prior to the completion and submission bill, H.R. 1825, supra; as follows: of the study to the Board as required by Sec- Mr. GRAMM proposed an amendment Strike all after the first word and insert: tion 230 of the Congressional Accountability to the bill H.R. 1854, supra; as follows: ‘‘None of the funds made available in this Act of 1995 (2 U.S.C. 1371). At the appropriate place, insert the fol- Act may be used for any program for the se- lowing new section: lection of Federal Government contractors BINGAMAN AMENDMENT NO. 1831 SEC. . PROHIBITION ON FUNDING OF CONTRACT when such program results in the award of Mr. MACK (for Mr. BINGAMAN) pro- AWARDS BASED ON RACE, COLOR, Federal contracts to unqualified persons, in NATIONAL ORIGIN, OR GENDER. reverse discrimination, or in quotas, or is in- posed an amendment to the bill, H.R. (a) PROHIBITION.—For fiscal year 1996, none consistent with the decision of the Supreme 1854; supra; as follows: of the funds made available by this Act may Court of the United States in Adarand Con- At the end of the bill, add the following: be used by any unit of the legislative branch structors, Inc. v. Pena on June 12, 1995.’’ This SEC. . (a) The head of each agency with of the Federal Government to award any section shall be effective one day after en- responsibility for the maintenance and oper- Federal contract, or to require or encourage actment.’’ ation of facilities funded under this Act shall the award of any subcontract, if such award take all actions necessary to achieve during is based, in whole or in part, on the race, DOLE AMENDMENT NO. 1828 fiscal year 1996 a 5-percent reduction in fa- color, national origin, or gender of the con- Mr. MACK (for Mr. DOLE) proposed an cilities energy costs from fiscal year 1995 lev- tractor or subcontractor. amendment to the bill, H.R. 1854; els. The head of each such agency shall (b) OUTREACH AND RECRUITMENT ACTIVI- transmit to the Treasury of the United TIES.—This section does not limit the avail- supra; as follows: States the total amount of savings achieved ability of funds for technical assistance, ad- On page 27 of the bill, strike all between under this subsection, and the amount trans- vertising, counseling, or other outreach and lines 1–25, and insert the following: mitted shall be used to reduce the deficit. recruitment activities that are designed to CAPITOL GUIDE SERVICE (b) The head of each agency described in increase the number of contractors or sub- For salaries and expenses of the Capitol subsection (a) shall report to the Congress contractors to be considered for any contract Guide Service, $1,628,000, to be disbursed by not later than December 31, 1996, on the re- or subcontract opportunity with the Federal the Secretary of the Senate: Provided, That sults of the actions taken under subsection Government, except to the extent that the none of these funds shall be used to employ (a), together with any recommendations as award resulting from such activities is more than thirty-three individuals: Provided to how to further reduce energy costs and based, in whole or in part, on the race, color, further, That the Capitol Guide Board is au- energy consumption in the future. Each re- national origin, or gender of the contractor thorized, during emergencies, to employ not port shall specify the agency’s total facili- or subcontractor. more than two additional individuals for not ties energy costs and shall identify the re- (c) HISTORICALLY BLACK COLLEGES AND UNI- more than one hundred twenty days each, ductions achieved and specify the actions VERSITIES.—This section does not limit the and not more than ten additional individuals that resulted in such reductions. availability of funds for activities that ben- for not more than six months each, for the efit an institution that is a historically Capitol Guide Service. MACK AMENDMENT NO. 1832 Black college or university on the basis that SPECIAL SERVICES OFFICE the institution is a historically Black col- Mr. MACK proposed an amendment lege or university. For salaries and expenses of the Special to the bill, H.R. 1854; supra; as follows: Services Office, $363,000, to be disbursed by (d) EXISTING AND FUTURE COURT ORDERS.— the Secretary of the Senate. On page 60, line 1, strike all through the This section does not prohibit or limit the period on line 17. availability of funds to implement a— (1) court order or consent decree issued be- SIMON (AND OTHERS) f fore the date of enactment of this Act; or AMENDMENT NO. 1829 EMERGENCY SUPPLEMENTAL AP- (2) court order or consent decree that— Mr. MACK (for Mr. SIMON for himself, PROPRIATIONS AND RESCIS- (A) is issued on or after the date of enactment of this Act; and Mr. Reid, Mr. SIMPSON, Mr. LOTT and SIONS ACT OF 1995 (B) provides a remedy based on a finding of Ms. MOSELEY-BRAUN) proposed an discrimination by a person to whom the amendment to the bill, H.R. 1854; order applies. supra, as follows: WELLSTONE (AND MOSELEY- (e) EXISTING CONTRACTS AND SUB- At the appropriate place, insert the fol- BRAUN) AMENDMENT NO. 1833 CONTRACTS.—This section does not apply lowing new section: Mr. WELLSTONE (for himself and with respect to any contract or subcontract SEC. . REPEAL OF PROHIBITIONS AGAINST PO- Ms. MOSELEY-BRAUN) proposed an entered into before the date of the enact- LITICAL RECOMMENDATIONS RE- ment of this Act, including any option exer- LATING TO FEDERAL EMPLOYMENT. amendment to the bill (H.R. 1944) mak- cised under such contract or subcontract be- (a) IN GENERAL.—(1) Section 3303 of title 5, ing emergency supplemental appropria- fore or after such date of enactment. United States Code, is repealed. tions for additional disaster assistance, (f) DEFINITION.—As used in this section, the (b) TECHNICAL AND CONFORMING AMEND- for anti-terrorism initiatives, for as- term ‘‘historically Black college or univer- MENTS.—(1) The table of sections for chapter sistance in the recovery from the trag- sity’’ means a part B institution, as defined 33 of title 5, United States Code, is amended edy that occured at Oklahoma City, in section 322(2) of the Higher Education Act by striking out the item relating to section and making rescissions for the fiscal of 1965 (20 U.S.C. 1061(2)). 3303. (2) Section 2302(b)(2) of title 5, United year ending September 30, 1995, and for other purposes; as follows: MURRAY (AND OTHERS) States Code, is amended to read as follows: ‘‘(2) solicit or consider any recommenda- On page 38, strike lines 24 and 25 and insert AMENDMENT NO. 1826 tion or statement, oral or written, with re- the following: ‘‘under this heading in Public Mrs. MURRAY (for herself, Mr. spect to any individual who requests or is Law 103–333, $204,000 are rescinded: Provided, DASCHLE, Ms. MOSELEY-BRAUN, Mr. under consideration for any personnel action That section 2007(b) (relating to the adminis- unless such recommendation or statement is DODD, Mrs. FEINSTEIN and Mr. COHEN) trative and travel expenses of the Depart- based on the personal knowledge or records proposed an amendment to amendment ment of Defense) is amended by striking ‘‘re- of the person furnishing it and consists of— scinded’’ the last place the term appears and No. 1825 proposed by Mr. GRAMM to the ‘‘(A) an evaluation of the work perform- inserting ‘‘rescinded, and an additional bill, H.R. 1825, supra; as follows: ance, ability, aptitude, or general qualifica- amount of $319,000,000 is rescinded’’: Provided In lieu of the text proposed to be inserted, tions of such individual; or further, That of the funds made available’’. insert the following: ‘‘None of the funds ‘‘(B) an evaluation of the character, loy- Beginning on page 34, strike line 24 and all made available in this Act may be used for alty, or suitability of such individual;’’. that follows through page 35, line 10, and in- any program for the selection of Federal sert the following: ‘‘Public Law 103–333, Government contractors when such program LIEBERMAN (AND GRASSLEY) $1,125,254,000 are rescinded, including results in the award of Federal contracts to AMENDMENT NO. 1830 $10,000,000 for necessary expenses of con- unqualified persons, in reverse discrimina- struction, rehabilitation, and acquisition of tion, or in quotas, or is inconsistent with the Mr. MACK (for Mr. LIEBERMAN, for new Job Corps centers, $2,500,000 for the decision of the Supreme Court of the United himself, and Mr. GRASSLEY) proposed School-to-Work Opportunities Act, $4,293,000 States in Adarand Constructors, Inc. v. Pena an amendment to the bill, H.R. 1854; for section 401 of the Job Training Partner- on June 12, 1995.’’ supra; as follows: ship Act, $5,743,000 for section 402 of such

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10433 Act, $3,861,000 for service delivery areas mittee on Labor and Human Resources trust instrument from receiving information under section 101(a)(4)(A)(iii) of such Act, be authorized to meet for a hearing on on the total cash value of any interest in a $100,010,000 for carrying out title II, part C of Organ Transplant Act Reauthorization, qualified blind trust on the date of enact- such Act, $2,223,000 for the National Commis- during the session of the Senate on ment of this section, the amendment made sion for Employment Policy and $500,000 for by this section shall apply with respect to the National Occupational Information Co- Thursday, July 20, 1995, at 9:30 a.m. reports filed under title I of the Ethics in ordinating Committee: Provided, That of The PRESIDING OFFICER. Without Government Act of 1978 for calendar year such $1,125,254,000, not more than $43,000,000 objection, it is so ordered. 2001 and thereafter. may be rescinded from amounts made avail- SUBCOMMITTEE ON AFRICAN AFFAIRS able to carry out part A of title II of the Job Mr. MACK. Mr. President, I ask f Training Partnership Act, not more than unanimous consent that the Sub- $35,600,000 may be rescinded from amounts committee on African Affairs of the made available to carry out title III of the ADDITIONAL STATEMENTS Job Training Partnership Act, and no por- Committee on Foreign Relations be au- tion may be rescinded from funds made thorized to meet during the session of available to carry out section 738 of the the Senate on Thursday, July 20, 1995, Stewart B. McKinney Homeless Assistance at 2 p.m. THE NASA AUTHORIZATION BILL Act: Provided further, That service delivery The PRESIDING OFFICER. Without FOR FISCAL YEAR 1996 areas may’’. objection, it is so ordered. On page 41, strike lines 6 through 11 and in- ∑ Mr. BURNS. Mr. President, yester- sert the following: ‘‘Public Law 103–333, SUBCOMMITTEE ON DRINKING WATER, $91,959,000 are rescinded as follows: From the FISHERIES, AND WILDLIFE day, Senator PRESSLER and I intro- Elementary and Secondary Education Act, Mr. MACK. Mr. President, I ask duced the NASA authorization bill for title II–B, $29,000,000 title V–C, $16,000,000, unanimous consent that the Sub- fiscal year 1996 which I have enthu- title IX–B, $3,000,000, title X–D, $1,500,000, committee on Drinking Water, Fish- siastically cosponsored. The bill au- title X–G, $1,185,000, section 10602, $1,399,000, eries, and Wildlife be granted permis- thorizes a total of $13.8 billion for the and title XIII–A,’’. sion to conduct a hearing Thursday, agency, a 3-percent decrease from the Beginning on page 43, strike line 25 and all requested level of $14.26 billion. That that follows through page 44, line 2, and in- July 20, at 9 a.m., on reauthorization of sert the following: ‘‘Public Law 103–333, the Endangered Species Act. funding should allow NASA to continue $13,425,000 are rescinded as follows: From the The PRESIDING OFFICER. Without the important missions that already Elementary and Secondary Education Act, objection, it is so ordered. are underway such as space station, title III–B, $5,000,000, title’’. SUBCOMMITTEE ON SOCIAL SECURITY AND Mission to Planet Earth, and the aero- On page 107, line 21, (relating to the admin- FAMILY POLICY nautics and space science programs. It istrative and travel expenses of the Depart- Mr. MACK. Mr. President, I ask should also prepare NASA for the fu- ment of Defense) strike ‘‘$50,000,000’’ and insert ‘‘$382,342,000’’. unanimous consent that the Sub- ture by authorizing several new mis- committee on Social Security and sions, such as an effort to develop a f Family Policy of the Committee on Fi- shuttle replacement and a new radar AUTHORITY FOR COMMITTEES TO nance be permitted to meet on Thurs- satellite program. MEET day, July 20, 1995, beginning at 9:30 Mr. President, as you know, we are in COMMITTEE ON COMMERCE, SCIENCE AND a.m. in room SR–418, to conduct a hear- a budget crisis of sorts and NASA de- TRANSPORTATION ing on international population assist- serves a great deal of credit as one of Mr. MACK. Mr. President, I ask ance programs and S. 1029, the Inter- few Federal agencies to respond to it unanimous consent that the Com- national Population Stabilization and early and responsibly. In 3 years, NASA mittee on Commerce, Science, and Reproductive Health Act. cut the space shuttle budget from $4 Transportation be allowed to meet dur- The PRESIDING OFFICER. Without billion to $3.1 billion. It developed a re- ing the Thursday, July 20, 1995, session objection, it is so ordered. design of space station that was $5 bil- of the Senate for the purpose of con- f lion less expensive than the earlier ducting an executive session and mark- NOTICE OF INTENTION TO AMEND space station Freedom concept. Mission up. to Planet Earth has been reduced from The PRESIDING OFFICER. Without THE STANDING RULES OF THE SENATE a $17 billion armada of satellites to a $7 objection, it is so ordered. billion focused satellite system. Earlier Mr. BROWN. Mr. President, I submit COMMITTEE ON FINANCE this year, faced with the prospect of the following notice in writing: ‘‘In ac- Mr. MACK. Mr. President, I ask deep congressional budget cuts across cordance with rule V of the Standing unanimous consent that the Finance all of the Government, NASA took the Rules of the Senate, I hereby give no- Committee be permitted to meet on initiative and developed a plan to cut tice in writing that it is my intention Thursday, July 20, 1995, beginning at $5 billion in 5 years, without reducing to move to amend Senate Rule 34.’’ 9:30 a.m. in room SD–215, to conduct a program content. hearing on Medicare. At the appropriate place insert the fol- The PRESIDING OFFICER. Without lowing: But NASA did not stop there. This objection, it is so ordered. SEC. . FINANCIAL DISCLOSURE OF INTEREST IN year, it conducted a comprehensive QUALIFIED BLIND TRUST. COMMITTEE ON FOREIGN RELATIONS zero-based review of all of its activities Mr. MACK. Mr. President, I ask (a) IN GENERAL.—Rule XXXIV of the and programs to achieve even greater Standing Rules of the Senate is amended by unanimous consent that the Com- savings. That review looked at a broad adding at the end the following new para- range of money-saving measures such mittee on Foreign Relations be author- graph: ized to meet during the session of the ‘‘3. In addition to the requirements of para- as work force reductions, elimination Senate on Thursday, July 20, 1995, at 4 graph 1, Members, officers, and employees of of redundant activities, consolidation p.m. the Senate shall include in each report filed of functions, and operating more effi- The PRESIDING OFFICER. Without under paragraph 2 an additional statement ciently. I understand that, within the objection, it is so ordered. under section 102(a) of the Ethics in Govern- administration, NASA’s efforts are ment Act of 1978 listing the category of the COMMITTEE ON THE JUDICIARY often cited as the model for rein- total cash value of any interest of the re- venting government. Mr. MACK. Mr. President, I ask porting individual in a qualified blind trust unanimous consent that the Com- as provided in section 102(d)(1) of the Ethics After 3 consecutive years of brutal mittee on the Judiciary be authorized in Government Act of 1978.’’. budget cuts, NASA is now down to the to hold a business meeting during the (b) EFFECTIVE DATE.— bone. To require additional reductions session of the Senate on Thursday, (1) IN GENERAL.—Except as provided in would force NASA to cancel important July 20, 1995, at 8:30 a.m. in SD226. paragraph (2), the amendment made by this space programs, close vital facilities, The PRESIDING OFFICER. Without section shall apply with respect to reports or layoff essential skilled personnel. objection, it is so ordered. filed under title I of the Ethics in Govern- ment Act of 1978 for calendar year 1996 and That would decimate the Nation’s COMMITTEE ON LABOR AND HUMAN RESOURCES thereafter. science and technology base. Equally Mr. MACK. Mr. President, I ask (2) EXCEPTION.—With respect to an indi- important, it would decimate the mo- unanimous consent that the Com- vidual who is precluded by the terms of the rale of the good men and women who

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10434 CONGRESSIONAL RECORD — SENATE July 20, 1995 have made our space program the sub- port of supersonic aircraft. It is esti- health care coverage for pregnant ject of movies like ‘‘Apollo 13’’ and in- mated that the first country to market women and children six and under. spired thousands of scientists, engi- such an aircraft stands to gain $200 bil- I am pleased that Senator CHAFEE of neers, and schoolchildren across our lion in sales and 140,000 new jobs. Simi- Rhode Island has expressed an interest country. larly, the advanced subsonic tech- in the legislation. It is time for the bloodletting to stop nology program funds research in sup- I hope we can emerge with a bipar- and to give NASA the support it needs port of subsonic airplanes—a market tisan consensus to at least cover preg- to face the challenges of the future. that generates one million jobs and nant women and children six and This NASA authorization bill is de- contributes over $25 billion annually to under. That would take care of the signed to do just that. the U.S. trade balance. These programs needs of this one family, at least for a The bill provides the full $2.1 billion are money-makers and it is in the na- short time, and protect a great many requested level for space station. This tional interest to give them whatever others. program is NASA’s most costly, com- support they need. Accordingly, our It is not a substitute for universal plex, and controversial activity and we NASA bill authorizes aeronautics re- coverage, but it is a step in the right are all aware of the many criticisms search at the requested level of $891 direction. leveled against it. However, space sta- million for fiscal year 1996. I ask that Mrs. Davis’ letter be print- tion is precisely the kind of bold vision As a final point, Mr. President, I note ed in the RECORD. that NASA was created to pursue. that the bill also authorizes a collec- Space station will enable the United tion of activities and initiatives de- The letter follows: JUNE 19, 1995. States and the international science signed to extend NASA’s vision to in- Hon. PAUL SIMON, community to conduct unique micro- clude our rural States. Our rural U.S. Senator, United States Congress, Wash- gravity research and expand our States can make an enormous con- ington, DC. knowledge about humans’ ability to tribution to the civilian space program DEAR SENATOR SIMON: I am writing to you live and work in space. If past missions if only given the chance. For example, with a very distressing problem. are any indication, the space station in May, Prof. Steve Running of the Our granddaughter was born May 2, 1994 16 will undoubtedly yield breakthroughs University of Montana testified before weeks premature. At the time of her birth, in biomedicine and advanced materials. the Science Subcommittee about his her mother had been unemployed because of We can probably also expect exciting efforts to use remote sensing satellite medical problems; her father was laid off in data in forest and crop management. April of that year from his job. They applied spinoffs just as past space missions for assistance and received care for mother have spawned microelectronics, pace- To embrace our rural States in our space program, the bill contains a $2 and baby. Bethany was in the hospital for 4 makers, advance water filtration sys- months, and although doing well, she has tems, communications, and many million increase for the EPSCoR pro- lost her eye sight. She is in therapy for work other products and services we now gram, which funds important research on her hip joints and she had allergies and take for granted. in our rural States. It also funds an- has a history of respiratory problems. They I must admit concern about the other Rural Teacher Resource Center moved in with us shortly after Jennifer was heavy reliance of the current station to the existing nine Centers, as well as dismissed from the hospital, because they plan on the Russians. I remain troubled an additional rural technology transfer had no income. We are in the ministry and live in a parsonage. by the possibility that the program and commercialization center, to fill in In November of last year, Andy went back might collapse if the Russians were to coverage gaps in those two programs. Further, it provides funding for an to work and they were able to secure a house withdraw for any reason. However, I for $150.00 per month. Andy brings home am still a strong Station supporter and Upper Missouri River Basin hydrology about $150 after taxes. As it should be, Jen- the full funding provided in the bill project. This project should help the nifer was picked up by Andy’s insurance, will keep the program on track for a Nation develop better strategies for however, Bethany remained on a medical first element launch in 1997. predicting, and responding to, the card because her dad’s insurance, Blue Cross The bill also provides full funding for flooding and other water management and Blue Shield, refused to cover her. Beth- Mission to Planet Earth. Mission to problems that have plagued the Mis- any is in therapy for her legs, regular doctor Planet Earth is NASA’s $7 billion sat- souri River region in recent years. visits, and she has had two surgeries on her eyes last October in Detroit. She is sched- ellite program aimed at studying how Mr. President, I believe that this bill provides NASA with the support it re- uled to have more surgeries. However, it is the oceans, land, and atmosphere work understood that she will probably only have as a system in order to understand and quires to continue and build on its im- light vision. predict global climate change. For portant work in space and aeronautics Cost of living became so that Jennifer was those of us representing farm States, and I urge my colleagues to support forced to return to work just to keep rent weather and water are our lifeblood. this legislation when it reaches the and utilities paid. This past week, Jennifer Mission to Planet Earth promises dra- floor later this year. Thank you, Mr. and Andy were notified that Bethany would matic improvements in our ability to President.∑ be losing her medical card and all coverage as of July 1, just because her mother had f predict climate change and manage our gone back to work. Jennifer works for Ken- scarce water resources. If those expec- COMPREHENSIVE HEALTH CARE tucky Fried Chicken and brings home about tations are met, the program will eas- Mr. SIMON. Mr. President, the need $150 per week. Beth does receive SSI of about ily pay for itself in lives and property for comprehensive health care is appar- $401 per month. By losing these medical ben- saved and improved water manage- efits, she will not be able to keep regular of- ent in the numbers. We have 41 million ment. fice visits, because the clinic requires pay- Americans without health care cov- Mr. President, in my view, one of the ment each and every time, she can no longer erage. most important areas within NASA is go to Detroit for eye surgery because the But these are not just numbers. aeronautics—the first A in NASA. For doctor won’t take her without coverage, and We are talking about real people and she probably will have to give up the therapy many years, aeronautics seemed to be real problems. on her legs, because they cannot afford the reduced to a small A status. It always When you look at the individual costs. seemed to take a back seat to the high- cases, you see the tragedy of our Tell me what they are suppose to do. Both er-profile space missions. However, present policy. insurance coverage that their jobs provide, under Dan Goldin’s leadership, that is At the end of my remarks, I am in- refuse to insure Bethany and now she is los- beginning to change and NASA is giv- serting into the RECORD a letter from ing her assistance. These two young kids and ing aeronautics the backing it de- Mrs. Mary Davis that is largely self-ex- Bethany have been through a lot this last serves. year. Now they have a blind child who can- planatory. not get assistance. Can something be done? To me, the aeronautics research is It tells what is happening in one fam- critical to maintaining U.S. techno- I wouldn’t have your job for nothing. Being ily. in the ministry, we realize just how difficult logical leadership and aerospace com- Why we cannot respond, I do not it is to please everyone, but I don’t care if petitiveness. For instance, the high know. you are Democrat or Republican, I am nei- speed research program is developing As some of my colleagues know, I ther, but someone has to do something about pre-competitive technologies in sup- have introduced a bill calling for medical coverage.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10435 I believe you are trying. But tell me where their elected representatives at every our country. If putting people in prison do you go to get help for the innocent chil- level of government and then making reduced the crime rate, we would have dren. She cannot go on medicaid or medi- it their responsibility to keep those of- the lowest crime rate in the world, care, because she has not worked and not put ficials informed. He facilitates their in- with the possible exception of Russia. anything into the system. She will never be able to read, drive or get around on her own. volvement through a toll-free hotline, While Professor Fellmeth zeroes in I realize that technology may be available in numerous personal appearances and— on the California situation, it is worth- years to come that will be beneficial to her, perhaps most important—leading by while for my House and Senate col- but what is going to happen to her now. example, through frequent visits to his leagues to read what he has to say be- I hope that you will be able to read this. I Members of Congress and, on occasion, cause they will find a striking know that we are just a small amount of the delivering testimony before congres- similiarity between the California ac- millions you must hear from daily, but I just sional committees. tion and the Federal action. couldn’t sit and do nothing with my distress With his sister, Cindy, Mr. Brennan and care for this beautiful little girl who is I ask that his statement be printed in struggling to live. owns and operates two award-winning the RECORD. God bless you and your family. May you restaurants in the New Orleans French The material follows: gain the wisdom and the ability to lead us to Quarter, thereby helping to preserve [From the Los Angeles Times, July 5, 1995] a better way of life for everyone. the rich culinary heritage of that great CALIFORNIA: A SOCIETY THAT CUTS CHILD Respectfully yours, city which his family has successfully WELFARE BUT BOOSTS JAILS MARY F. DAVIS.∑ endeavored to do for three generations. (By Robert C. Fellmeth) f But, as an industry leader, he is determined to preserve far more than just a Despite what we often hear from the gov- BILL SMULLIN HONORED ernor and the Legislature, spending for the great family tradition. Mr. Brennan welfare of our children has been in steady de- ∑ Mr. HATFIELD. Mr. President, the has dedicated his life to preserving the broadcasting and cable industry will cline. boundless opportunities that food serv- An example: The governor claims to have honor an Oregon legend this fall, when ice affords individuals the rest of soci- given politically popular K–12 public edu- television pioneer Bill Smullin will be ety could ignore, like recent immi- cation ‘‘high priority’’ and ‘‘saved it from inducted into the Broadcasting and grants, those without education or pro- cuts’’ for the last several years. But figures Cable Hall of Fame. fessional skills, and those on public as- from the second annual Children’s Budget, Bill’s life is remembered for his con- sistance. Entry-level restaurant posi- completed by the Children’s Advocacy Insti- tributions and achievements, including tions—washing dishes, bussing tables, tute, show a steady decline each year, in- the establishment of broadcast and cluding proposed spending for 1995–96. assisting with food preparation—are a At the federal level, Congress proposes to cable television in southern Oregon and proven first step up a viable career lad- northern California. In 1930, Bill change child spending from ‘‘entitlements’’ der for millions of Americans; in fact, based on how many children qualify for as- Smullin founded Oregon-California 60 percent of today’s restaurant owners sistance to ‘‘block grants,’’ set at a static Broadcasting, Inc., and later began the and managers started out in what some figure for five years. The Republican leader- fist VHF television station in Oregon. unknowing and insensitive people ship contends that such a policy will curb His company provided cable television might refer to as dead-end restaurant what it calls ‘‘runaway spending.’’ In con- in the region by transmitting signals jobs. In the restaurant business, up- trast, the Children’s Budget reveals that via microwave from Portland and San such a freeze means substantial reductions ward mobility is the rule rather than year to year, imposed without consideration Francisco to southern Oregon. the exception. Those of us who had the honor of of need or consequences. Mr. President, as this Congress con- Budgets based on raw numbers, or numbers knowing Bill have fond personal memo- tinues its debate on welfare reform, I with only inflation or only population ries. He was as giving to the commu- salute Mr. Brennan for working to en- changes considered—but not adjusted by nity as to his friends. I know his family sure that the unmatched employment both—slowly but inexorably squeeze out in- is pleased that he is being afforded this and training opportunities afforded by frastructure investment. In California this prestigious professional honor and send the food service industry will be some- failure has allowed a largely undiscussed dis- my congratulations to them.∑ thing all Americans can be proud of in investment in children to accumulate over the past six years. f ∑ the future. From 1989–90 to the current year, Aid to A TRIBUTE TO RALPH O. BRENNAN f Families With Dependent Children has been ∑ CALIFORNIA: A SOCIETY THAT cut 20%, the three child-related Medi-Cal ac- Mr. BREAUX. Mr. President, I rise counts an average of 23% and public edu- today to pay tribute to a fellow Louisi- CUTS CHILD WELFARE BUT cation 7.5% anian, Mr. Ralph O. Brennan, who will BOOSTS JAILS The consequences in terms of flesh and be honored August 4 by the Louisiana Mr. SIMON. Mr. President, I do not blood are momentous: The Children’s Budget Restaurant Association for his distin- believe I have ever met Prof. Robert C. reveals that AFDC for 1.8 million children in guished career in the food service in- Fellmeth of the University of San California has been cut from close to the fed- dustry. A member of the world-famous Diego, but I read what he had to say in eral poverty line to only 75% of that wholly Brennan restaurant family of New Or- inadequate amount. The governor now pro- the Los Angeles Times about cutting poses to reduce AFDC to just 64% of the pov- leans, Mr. Brennan has long exempli- back on assistance to the poor while, erty-line figure, posing a clear danger of fied a commitment to community serv- at the same time, we hand largess to malnutrition and permanent health damage. ice, participatory democracy and cre- the wealthy. Wilson also proposes further cuts in AFDC ating opportunities for all Americans. Statistics differ somewhat, but the assistance after six months of help; the Re- He has diligently served, and con- California situation mirrors the na- publican House would cut children off alto- tinues to serve, the $290 billion food tional situation. gether after two years if Mom does not have service industry and its 9.4 million em- If we are doing what is politically a job. ployees. A past president of the Lou- popular, I do not know, but what we Ironically, the same gradual suffocation isiana Restaurant Association, he cur- has been applied to GAIN, the major pro- are doing is certainly wrong. gram providing child care and job training rently is chairman of the board and What we need is not Senators and for AFDC mothers. Here there is a 9% de- president of the National Restaurant House Members who follow the latest cline from 1989 and a proposed further cut of Association, a major trade group here public opinion poll on tax cuts or any- 12%. in Washington. He is also a trustee of thing else, but people who try to lead, The typical AFDC recipient—contrary to the Association’s educational founda- and sometimes do the unpopular, in public perception—is 29, white, recently dition, and will be an industry delegate order to reduce poverty in our country, vorced, with two children and no child sup- to the first White House Conference on to improve education and to do the port. Her problem is not a desire for welfare Travel and Tourism in October 1995. In dependency but the far more prevalent di- things that are needed for a better fu- lemma of paternal abandonment. Is it rel- all of these capacities he urges inde- ture. evant that childcare help and job training, pendent restaurateurs from around the The incredible increase in prison con- without which she does not have a chance, country to participate fully in the struction and incarceration has done have been cut? Less than 10% of AFDC par- democratic process by getting to know nothing to decrease the crime rate in ents get child-care help.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10436 CONGRESSIONAL RECORD — SENATE July 20, 1995 The minimum wage is another example. If support is strong, stable, and loving, the country. The ninth circuit has it had been adjusted to match inflation over children have a sound basis for becom- prided itself on its experiments in judi- the past 20 years, it would be just above ing caring and competent adults. In cial administration, and has been a na- $12,000, the federal poverty line for a family contrast, when parents are unable to tional leader in developing innovative of three. But if our typical divorced mother of two obtains full-time employment at min- give children the attention and support caseload management and court ad- imum wage (as many must do), she will earn they need in the home and for school, ministration techniques. $8,840 before deductions—about what full- children are less likely to achieve their The vast majority of judges, lawyers, time child care for her children will cost. full potential. As a result, many of our and bar organizations in the ninth cir- Would we take such a population and cut Nation’s gravest social problems stem cuit have voted on several occasions their wages every year by 3% to 5%? That is from problems in our families. against the division of the circuit. what the current numbers accomplish. However, Mr. President, there is gen- Mr. President, I urge my colleagues We are spending more in one area: jailing uine reason for hope and optimism. In to oppose this bill and to resist the of criminals. California now has the highest juvenile incarceration rate of any state, in a my home State of West Virginia, under temptation to meddle with an institu- nation with the highest juvenile incarcer- the leadership of local education offi- tion that is successfully administering ation rate among all developed countries. cials, a new program is changing the justice in the American West. California’s adult prison population has in- lives of children and their families. Its Just 4 years ago, a comprehensive creased from 19,000 in 1977 to 132,000 this development and expansion of commu- subcommittee hearing was held in the year, at an operating cost of $20,000 per pris- nity-based family support provides par- Senate on nearly identical legislation, oner per year. The state is now preparing for ents with the knowledge, skills, and and the proposal failed to emerge from 341,000 prisoners and 41 new prisons over the support they need to work with their committee. The proponents of S. 956 next eight years. Is there a relationship between unlimited prison spending and years of children and the school system. Its suc- have identified no new reasons or decreases in basic investment in children’s cess has been achieved through a col- change of circumstances to justify re- programs? laborative effort among State and Fed- opening this issue. To be sure, many of our problems can be eral programs, including chapter I and Mr. President, the ninth judicial cir- traced to private irresponsibility—a depend- other programs targeted for at-risk cuit has prepared a detailed position ency mentality by some and, for more, a students, and private sector efforts in paper opposing S. 956. I agree with the frightening abandonment of children by bio- the community. Each month, 2,000 spe- circuit’s reasoning, and I commend this logical fathers. But public spending makes a cial education guides are distributed, paper to my colleagues. I also urge difference. them to join me in opposing this bill Children Now indexes show that a record as well as news releases, public service 28.6% of California children live in poverty announcements, and radio reminders which is both unwise and unnecessary. and 20% have no access to private or public that focus the community on the need I ask that the complete text of the health care. We also have high infant dis- for parental involvement. Teacher ‘‘Position Paper in Opposition to S. ability, record low test scores and increas- training and support materials have 956—Ninth Circuit Court of Appeals Re- ingly violent juvenile crime. also been provided to every school in a organization Act of 1995’’ be printed in Each of these aspects has a relationship to successful effort to coordinate teacher, the RECORD. public spending. It is no accident that Cali- parent, and child activity both inside The material follows: fornia’s falling test scores, for example, cor- relate with the worst student-teacher ratio and outside of school. POSITION PAPER IN OPPOSITION TO S. 956— in the nation and a per-pupil spending level When I was chairman of the bipar- NINTH CIRCUIT COURT OF APPEALS REORGA- now nearing the bottom five states, just tisan National Commission on Chil- NIZATION ACT OF 1995 (6/22/95) ahead of Alabama and at half the level of dren, we urged individuals and the Prepared by: The Office of the Circuit Ex- New Jersey. country as a whole to reaffirm a com- ecutive for the United States Courts for the California is one of the richest jurisdic- mitment to forming and supporting Ninth Circuit, P.O. Box 193846, San Fran- tions in the world—we can boast of having strong, stable families as the best envi- cisco, California 94119–3486; Tel: 415–744–6150/ more vehicles than licensed drivers—and our Fax: 415–744–6179. [6/30/95] ronment for raising children. The West Proposed legislation: S. 956 would divide wealth increases each year. The governor Virginia TIPS Program is an extension predicts that personal income will increase the present Ninth Circuit into two unequal- 6% in each of the next two years. of that goal, and its success is a tribute sized circuits. The new Twelfth Circuit And our tax burden has decreased. In 1989– to those counties that have worked so would consist of the states of Alaska, Idaho, 90, we spend $6.88 from the general fund for hard to insure its development. The Montana, Oregon, and Washington (6 dis- every $100 in personal income; in the current parents, children, and teachers in these tricts), with 9 active circuit judges. The new year, we are spending $5.86 per $100, and the counties are providing new opportuni- Ninth Circuit would consist of the states of governor proposes a further reduction to ties for children and families. Their Arizona, California, Hawaii, and Nevada, and $5.50. At the same time, he is calling for a $7- the territories of Guam and the Northern commitment to make a difference has Mariana Islands (9 districts), with 19 active billion tax cut for the wealthy over the next ensured the success of the family, three years. circuit judges. Could the governor make his cutback pro- which is the best strategy for helping The Ninth Circuit opposes S. 956. The posals if the right numbers were used and our children. They deserve our support Ninth Circuit is functioning well and has de- understood? The fact is that for six years we and best wishes for continued success.∑ vised innovative ways of managing its case- have been giving to the wealthy and taking f load that are models for other circuits. As from the children. We just haven’t been talk- the nation’s largest circuit, it benefits from ing about it.∑ OPPOSITION TO S. 956, THE NINTH significant advantages because of its size and CIRCUIT COURT OF APPEALS RE- believes division of the circuit is unneces- f ORGANIZATION ACT OF 1995 sary and unwise. The Circuit Executive’s Of- WEST VIRGINIA EDUCATION fice for the United States Courts for the ∑ Mrs. MURRAY. Mr. President, I rise ∑ Ninth Circuit has prepared the following in- Mr. ROCKEFELLER. Mr. President, I in opposition to S. 956, a bill to divide formation in ‘‘question and answer’’ format rise today to congratulate and com- the ninth judicial circuit into two cir- to assist decisionmakers to understand the mend the counties of Mercer, Monroe, cuits. circuit’s position on S. 956. McDowell, Summers, Raleigh, and Wy- This is the fourth time since 1983 1. WHAT WOULD THE PROPOSED LEGISLATION oming in West Virginia and their com- that a bill to split the ninth circuit has DO? mitment to participating in a parental been introduced in the U.S. Senate. S. 956 would create two courts—one 19- involvement program called, Teachers The proposal has failed to become law judge court and one 9-judge court—in place Involving Parents Successfully [TIPS]. because the ninth circuit is operating of a single 28-judge court. A basic problem This program seeks to promote teach- well and providing uniform and con- with this proposal is that it creates more ad- ers working more closely with parents sistent interpretation of Federal laws ministrative problems than it solves. Quan- to help the children learn and succeed across the nine Western States, and the titatively, such a circuit court would have a in school. very small caseload. The aggregate number territories of Guam and the Northern of cases in such a circuit based on the most Too often, we forget that the condi- Mariana Islands. recent statistics would be 1935,1 making it tion of children’s lives and their future The courts of the ninth circuit are the circuit court with the second smallest prospects largely reflects the well- functioning well, and, in many in- caseload in the country,2 with only the First being of their families. When family stances, serve as models for the rest of Circuit court having fewer cases. Of the 11

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10437 regional circuits, the circuit court with the and costly, and requiring them to research appeals, especially those involving the death median volume is the Second, with 3,986 the law of two circuits for every potential penalty, also are of concern to the Senators. cases; the proposed northern circuit would be cross-circuit transaction. Potential incon- 141 Cong. Rec. S7504 (daily ed. May 25, 1995) less than half that number. Take away the sistencies would be especially troubling in (statement of Sen. Burns) The circuit’s spe- northern states, and the Ninth Circuit court the application of utility rates along the en- cific responses to these contentions are set would still have the largest volume in the tire Pacific seaboard by the Bonneville forth in the following sections. country. In short, such a proposal creates a Power Administration. These rate and ad- 6. HAS THE SIZE OF THE CIRCUIT ADVERSELY very small circuit and gives not much relief. ministrative disputes should remain in a sin- AFFECTED CONSISTENCY? In general, S. 956 presumes that two small- gle service area, the Ninth Circuit. Consistency of court of appeals decisions is On four occasions in the past 15 years, the er circuits will do a better job of maintain- important to provide coherent guidance to federal judges in the Ninth Circuit and elect- ing consistency and deciding cases promptly lower courts and litigants. The Ninth Circuit ed representatives of practicing lawyers who than the present circuit. The proposal ig- has instituted case management devices that participate in the Ninth Circuit Judicial nores the central fact of appellate dockets: have effectively reduced conflicts between Conference have voted overwhelmingly in caseloads are constantly growing and divid- panels and maintained a high level of con- opposition to splitting the circuit. The curing the circuit would simply create two sistency in its decisions. courts with increasing caseloads without rent Almanac of the Federal Judiciary, Vol. Since 1980, the use of a limited en banc dealing with the fundamental problems re- 2, based on extensive polling, reports that panel to resolve intracircuit conflicts has sulting from expanding caseloads with no in- the lawyers ‘‘almost unanimously praise’’ proven highly effective. All 28 active judges crease in judicial resources. the court, and, with regard to circuit split- participate in determining whether a case 2. HOW DOES THIS BILL DIFFER FROM EARLIER ting, ‘‘all seem to agree that such a division will be heard en banc. Each call for an en PROPOSED LEGISLATION? would be difficult and probably unsatisfac- banc vote leads to careful evaluation of the This is the ninth legislative proposal to tory.’’ (1995–1, 9th Cir.) development of the law of the circuit in that split the Ninth Circuit since 1940. It is nearly 4. ARE THERE ADVANTAGES TO A LARGE area. If a majority of the judges votes to identical (except for the alignment of Hawaii CIRCUIT? hear a case en banc (which happens less than and the Territories) to measures introduced A single court of appeals serving a large a dozen times a year), ten members of the by Senator Gorton in 1983, 1989, and 1991. geographic region promotes uniformity and court chosen at random plus the chief judge Each of those measures failed to emerge consistency in the law and facilitates trade serve as the limited en banc court. Judges from committee and died at the conclusion and commerce by contributing to stability and lawyers have expressed a high degree of of the legislative session. The Subcommittee and orderly progress. In many respects, the satisfaction with the limited en banc process; on Courts and Administrative Practice of the size of the Ninth Circuit is an asset that has only a handful of requests have been made Senate Committee on the Judiciary con- improved both decisionmaking and judicial for a full court rehearing after the limited en ducted a legislative hearing on the 1989 bill administration. The court of appeals is banc panel has issued a decision, and none (S. 948) on March 6, 1990. The sponsors of the strengthened and enriched, and the inevi- have been granted. current bill have advanced no reason for di- table tendency to regional parochialism is An objective, highly-praised scholarly viding the circuit that was not fully consid- weakened, by the variety and diversity of study of consistency of the law in the Ninth ered and rejected in 1990. They have pointed backgrounds of its judges drawn from the Circuit concluded ‘‘the pattern of [multiple to no change in circumstances that would nine states comprising the circuit. The size relevant precedents] exemplified by high vis- justify yet another examination of this of the circuit has also allowed the circuit to ibility issues. . . is not characteristic of issue. draw upon a large pool of district and bank- Ninth Circuit jurisprudence generally. Nor is 3. ARE THERE DRAWBACKS TO THE PROPOSED ruptcy judges for temporary assignment to intracircuit conflict.’’ Restructuring Justice: BILL? neighboring districts with a temporary but The Innovations of the Ninth Circuit and The acute need for judicial assistance. Future of the Federal Courts (1990). A recent The Ninth Circuit has functioned success- The Ninth Circuit is a national leader in FJC study reached a similar conclusion: fully in its present configuration for over 100 developing innovative solutions to caseload In sum, despite concerns about the pro- years. Any effort to abolish a successful, es- and administrative challenges. The ABA Ap- liferation of precedent as the courts of ap- tablished institution should be cautiously pellate Practice Committee’s Report appeals grow, there is currently little evidence examined. The proposed bill could create se- plauded three specific operational effi- that intracircuit inconsistency is a signifi- rious legal and administrative problems and ciencies: cant problem. Also, there is little evidence costs that do not now exist: . . .issue classification, aggressive use of that whatever intracircuit conflict exists is (1) the potential for inconsistent law relat- staff attorneys, and a limited en banc-[that] strongly correlated with circuit size. ing to admiralty, commercial trade, and were developed by the Ninth Circuit pre- Structural and Other Alternatives for the utilities along the Western seaboard, includ- cisely to address the issues of caseload and Federal Courts of Appeals (1993). ing Alaska, Hawaii, and the Territories; judgeship growth that the Subcommittee Of greater concern is the potential for in- (2) the opportunity for litigants to forum identified, and hold promise for other cir- creased Intercircuit conflicts that would be shop by filing their cases in whichever circuits as they continue to grow. (at p. 10). spawned by the division of circuits. Dividing cuit, northern or southern, they feel is most The Ninth Circuit has served as a labora- the Ninth Circuit would place an additional sympathetic to their cause; tory for experimentation in a host of other burden on the United States Supreme Court (3) the substantial cost of setting up dupli- areas—from decentralized budgeting to cam- to resolve conflicts that are now handled in- cative administrative structures; eras in the courts, from block case designa- (4) the loss of advantages of size (see Ques- ternally within the circuit. tions to improved state-federal judicial rela- Nor is keeping abreast of the decisions of tion #4, below); tions, from alternative dispute resolution to (5) the rejection of the expressed will of the the Ninth Circuit a significant problem. For appellate commissioners, from improved vast majority of the judges and lawyers in the past seven years, the number of pub- tribal court relations to alternative forms of the circuit who oppose its division. lished opinions issued by the circuit has re- Common sense suggests the inadvisability capital case representation. The results have mained relatively constant. In large part due of creating a new regional circuit that would inured to the benefit of the entire Judiciary. to efficiencies and innovative case manage- require duplication of functions that are al- As the congressionally-mandated Federal ment methods pioneered in the circuit, the ready being satisfactorily performed in a Courts Study Committee noted in 1990, ‘‘Per- court has been able to accurately identify larger circuit. Administratively, the cre- haps the Ninth Circuit presents a workable those selected precedential cases that truly ation of a new circuit would require duplica- alternative to the traditional model.’’ Final merit publication and those routine cases tive offices of clerk of court, circuit execu- Report of the Federal Courts Study Com- which are most appropriately disposed of by tive, staff attorneys, settlement attorneys, mittee (1990). a written decision sent only to the parties. and library, as well as courtrooms, mail and 5. WHAT IS THE POSITION OF THE SPONSORS? 7. IS THE NINTH CIRCUIT’S CASELOAD EXCESSIVE computer facilities. In addition, approxi- In remarks introducing S. 853 (the imme- WHEN COMPARED TO OTHER CIRCUITS? mately 40,000 square feet or new head- diate predecessor of S. 956 3), Senator Gorton While the caseload for the Ninth Circuit quarters space would be required, all of of Washington asserted the following Court of Appeals is the highest in the nation which would duplicate offices and space in grounds for the proposal: (1) a decrease in in absolute numbers, the caseload level is San Francisco. Further, a small circuit, with consistency of decisions due to size; (2) un- clearly not excessive when compared to its concomitant small caseload, would un- manageable caseloads; (3) inability to appre- other circuits, using either of two standard derutilize judicial resources and reduce the ciate the interests of the Northwest; and (4) measurement approaches. opportunities for efficiencies available to a a decline in the performance of the circuit. Because federal statutes require that near- larger circuit. 141 Cong. Rec. S7504 (daily ed. May 25, 1995) ly all of the work of an appellate court be Lawyers expressed particular concern that (statement of Sen. Gorton). Senator Burns of conducted by three-judge panels, the most dividing the extended coastline in the West Montana echoed his colleague’s concerns and accurate measure of a court’s ability to man- between two circuits would create incon- suggested employment and local economic age its caseload is the number of appeals sistent and conflicting application of mari- stability are threatened by delays in resolv- filed and terminated per panel. In 1994, the time, commercial, and utility law in the two ing lawsuits affecting timbering, mining, Ninth Circuit stood at 868 appeals filed per circuits, making commerce more difficult and water development. Delays in criminal panel, very close to the median of 832 and

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10438 CONGRESSIONAL RECORD — SENATE July 20, 1995 substantially below the numbers for the two porary buildings until late 1991. During this cantly relieved by structural change to the circuits that emerged from the split of the period, the court has 7257 new filings and the appellate system at this time. Structural Fifth Circuit in 1980. For the same year, the average length of time from filing the notice and other Alternatives for the Federal Ninth Circuit stood at 914 appeals termi- of appeal to final decision role to 15.6 Course of appeals (1993), at p. 155. nated per panel, slightly above the median of months. Since the court was consolidated in The Ninth Circuit is functioning well and 866. a single location in 1991, processing times is handling its caseload in a timely and re- Caseload levels may also be measured by have substantially improved. In 1994, the sponsible manner. It is a leader in innovative case terminations per judge. The current most recent period for which figures are case management techniques and its size of- Ninth Circuit rate of merit case termi- available, the court received 8092 new filings, fers numerous advantages, including: the ap- nations per judge is 446, a number which is and, despite vacancies, had reduced the aver- plication of a uniform body of law to wide exactly the national median. By either meas- age length of time from filing the notice of geographic area, economies of scale in case ure, the caseload levels in the Ninth Circuit appeal to final decision to 14.5 months, processing, the ability to serve as a labora- approach the middle range for federal appel- slightly less than the time required in the tory for experimentation in judicial adminis- late judges. Eleventh Circuit. tration and adjudication, and the diversity In contrast, under the proposed bill, the The average time from filing to disposi- of background of its members. The vast ma- new Twelfth Circuit, with nine judges, would tion, however, does not accurately reflect jority of judges and lawyers in the circuit seriously underutilize its judicial resources the time the cases are actually in the judges’ support retention of the circuit in its present and create huge disparities between the two hands. In the Ninth Circuit, the average time form and reject circuit division as a response circuits. Using projected Twelfth Circuit fil- from oral argument submission to disposi- to the caseload crisis. ings of 1935, a nine-judge court would have tion—that is, the actual time the judges Further Information Relating to the Issue 645 filings per panel. The new Ninth Circuit, have the cases in their hands—is 1.9 months, of Splitting the Ninth Circuit: with 19 judges and filings of 6391, would have or .5 months less than the national average. ABA Appellate practice Committee, sub- 1014 filings per panel, or 57% more cases per In short, what the court needs to reduce dis- committee to Study Circuit Size, Report panel when compared to the judges in the position times is more judges. Hundreds of (October 1992). Twelfth Circuit and the third highest per cases are available to be heard by judges; Baker, Thomas, ‘‘On Redrawing Circuit panel filings figure in the nation. there simply are not enough judges to hear Boundaries—Why the Proposal to Divide the 7. IS REGIONALISM APPROPRIATE FOR AN them. This is the ‘‘swell’’ in pending cases United States Court of Appeals for the Ninth APPELLATE COURT? referred to when S. 853 was introduced. 141 Circuit Is Not Such a Good Idea,’’ 22 Ariz. Sponsors of the legislation to divide the Cong. Rec. S7504 (daily ed. May 25. 1995) For S.L.J. 917 (1900). circuit cite the need for a court free from this reason, in 1992 the Ninth Circuit re- Federal Judicial Center, J. McKenna, domination by California judges and Cali- quested additional judgeships. The Judicial Structural and Other Alternatives for the fornia judicial philosophy. They assert that Conference of the United States endorsed the Federal Courts of Appeals (1993). the Northwest states confront emerging request which is now pending before Con- Final Report of the Federal Courts Study issues that are unique to that region and gress. With four current vacancies on the Committee (1990). that cannot be fully appreciated or addressed court, the average time to disposition is un- Fourth Biennial Report to Congress on the from a California perspective. likely to improve substantially until new Implementation of Section 6 of the Omnibus The premise that a judge’s place of resi- judges come on board. Obviously this central Judgeship Act of 1978 (1989). dence prejudices his or her determination of problem would not be alleviated by dividing Hellman, A. ed., Restructuring Justice: cases was rejected as completely unaccept- the circuit and the proposed split would ma- The innovations of the Ninth Circuit and able by former Chief Justice Warren Burger terially increase the caseload of judges in The Future of the Federal Courts (1990). in his remarks concerning an earlier version the remaining Ninth Circuit. Ninth Circuit Position Paper—1991. of the sponsor’s legislation: ‘‘I find it a very 9. IS CIRCUIT DIVISION THE SOLUTION TO Ninth Circuit Position Paper—1989. offensive statement to be made that a United GROWING CASELOADS? Proposed Long Range Plan for the Federal States judge, having taken the oath of office, The presumption that increasing the num- Courts (1995). is going to be biased because of the economic ber of circuits would solve the problem of ex- U.S. Senate, Committee on the Judiciary, conditions of his own jurisdiction.’’ (Record, panding federal court caseloads is the under- Ninth Circuit Court of Appeals Reorganiza- August 2, 1991, S 12277) Calling an earlier lying fallacy of S. 956. Cases are resolved by tion Act of 1989: hearings on S. 948 Before the version of legislation to split the circuit ‘‘en- judges, not circuits, and increasing the num- Subcomm. on the Judiciary, 101st Cong., 2d vironmental gerrymandering,’’ then-Senator ber of circuits without increasing the num- Sess. (1990). Pete Wilson of California echoed Justice ber of judges would only exacerbate the prob- 1. The caseload figures for the proposed Burger’s concerns, stating: lem. new Ninth and new Twelfth Circuits are The judges of the Circuit are there to apply Even with the proposed division of the based upon internal court statistics for FY the law, not make it. Second, even in their Ninth Circuit, the population shift and 1994. application of the law, it is not intended that growth that is increasing litigation in the 2. All references are to regional circuits federal courts abide by a sense of localism. West would continue to increase the work- (the First through the Eleventh) and exclude That is the role of the state and local courts. load of the two new circuits. The old Fifth comparisons to the two circuits that are Ninth Circuit Court of Appeals Reorganiza- Circuit encountered the same situation when based upon special jurisdiction rather than tion Act of 1989: Hearings on S. 948 Before it was divided into the Fifth and Eleventh geography (the District of Columbia and the the Subcomm. on Courts and Administrative Circuits in 1980. Before the split, the Fifth Federal Circuits). Practice of the Senate Comm. on the Judici- Circuit had 4914 filings and 27 judgeships, 3. Senator Gorton’s remarks were made ary, 101st Cong., 2d Sess. 286 (1990) (written compared to the Ninth Circuit’s 4262 filings when he introduced S. 853 on May 25, 1995. statement of Hon. Pete Wilson, U.S. Senate). and 23 judgeships. By 1994, the combined That bill created a new Twelfth Circuit with Similarly, the ABA Appellate Practice Fifth and Eleventh Circuits’ filings had in- seven judges and a new Ninth Circuit with Committee’s Subcommittee To Study Cir- creased 241% to 11,858, while the Ninth Cir- nineteen judges. On June 22, 1995, Senator cuit Size reported that ‘‘a majority of the cuit’s had increased 190% to 8115. Dividing Gorton introduced a corrected bill that is Subcommittee questions whether regional the Fifth Circuit had no effect on the growth identical to S. 853 except for a new Twelfth differences should be a criterion in deter- of the caseload, which is at the root of the Circuit with nine judges and a new Ninth mining circuit size. * * * The role of circuit size issue. Circuit with nineteen judges. This paper is a courts is primarily to apply federal law—a In its study on circuit size, the ABA Appel- response to the new bill and to the remarks law that with few exceptions is to be applied late Practice Committee’s Subcommittee to made that the introduction of the earlier uniformly across the land.’’ (at p. 3). Study Circuit Size ‘‘found no compelling rea- bill, S. 853.∑ 8. WHAT IS THE NINTH CIRCUIT’S RECORD OF sons why circuit courts of various sizes— f PERFORMANCE? ranging from a few judges to fifty—cannot One measure of the efficiency of an appel- effectively meet the caseload challenge. In- THE MEDIA, CENSORSHIP, AND late court is the average amount of time re- deed for every argument in favor of smaller PARENTAL EMPOWERMENT quired to decide a case from the period be- circuits, there is an equally compelling argu- tween filing a notice of appeal and rendering ment for larger circuits.’’ Report (October ∑ Ms. MIKULSKI. Mr. President, I rise of a final decision. In 1983, when an earlier 1992), as p. 5. The Federal Judicial Center’s today to speak on how best to control version of legislation to split the circuit was recent analysis of structural alternatives in the viewing habits of America’s chil- proposed, the court had 4583 new filings and response to the mandate of the Federal dren. the average length of time from filing the Court Study Committee concluded: We are in a communication revolu- notice of appeal to final decision was 10.5 [T]here can be no doubt that the system tion. We have all heard about the infor- months. In late 1989, the court of appeals and its judges are under stress. That stress headquarter (where cases are processed) was derives primarily from the continuing expan- mation highway. We know that there is badly damaged and closed by the Loma sion of federal jurisdiction without a con- more and more information available Prieta earthquake in San Francisco. Court comitant increase in resources. It does not to all of us. And more information staff was scattered among six different tem- appear to be a stress that would be signifi- available to children. Much of it is

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10439 good, and some of it is bad. The infor- Pacific atoll. The most cutting comment Burmese refugees who have fled the mation highway includes ever-increas- came from Japan’s prime minister, Tomiichi ruthless SLORC. Pro-democracy dem- ing numbers of television channels. Murayama. At a recent meeting in Cannes onstrators were particularly vulner- These new and changing channels and the newly installed president of France, able, yet having fled the country they Jacques Chirac, confidently explained to him the programs they broadcast are com- that the tests will be entirely safe. If they found themselves denied political asy- ing into our living rooms. are so safe, Mr. Murayama replied, why lum by Western governments. In 1989, There is a good side to this growing doesn’t Mr. Chirac hold them in France? Senator KENNEDY and I rose in support technology and information, but we The dangers of these tests to France are, in of the demonstrators and won passage also know there is a bad side. Studies fact, substantial. The chances of physical of an amendment to the Immigration tell us that by the time a child enters damage and the release of radioactivity to Act of 1990 requiring the Secretary of high school, that child will watch over the atmosphere are very low. But the sym- State and the Attorney General to 8,000 murders and 100,000 acts of vio- bolism of a European country holding its tests on the other side of the earth, in a ves- clearly define the immigration policy lence on television. How can parents tige of its former colonial empire, is proving of the United States toward Burmese know and control what their kids are immensely damaging to France’s standing pro-democracy demonstrators. Con- watching. How can they control it among its friends in Asia. gress acted again on the Customs and when they are away from home work- France says that it needs to carry out the Trade Act of 1990 to adopt a provision ing? How can they control what their tests to ensure the reliability of its nuclear I introduced requiring the President to kids see on the living room television weapons. Those weapons, like most of the impose appropriate economic sanctions American nuclear armory, were developed to when they are busy in the kitchen? on Burma. The Bush administration For some the solution is simple, just counter a threat from a power that has collapsed. The great threat now, to France and utilized this provision to sanction Bur- censor the networks or moviemakers. I the rest of the world, is the possibility of nu- mese textiles. Unfortunately these believe there is a better way. It is the clear bombs in the hands of reckless and ag- powers have never been exercised by approach I believe in, and that is the gressive governments elsewhere. North the current administration. approach that uses technology and in- Korea, Iraq and Iran head the list of possi- formation. bilities. The tests will strengthen France’s The SLORC regime had to be de- Mr. President, I am proud to cospon- international prestige, in the view of many nounced. The Senate continued to sor the Media Protection Act of 1995. French politicians, by reminding others that press for stronger actions. On March 12, This is the V-chip bill. A television it possesses these weapons. But in less stable 1992, the Foreign Relations Committee and non-democratic countries, there are that has this V chip will allow parents unanimously voted to adopt a report many dictators, juntas and nationalist fa- submitted by myself and Senator to block out programming that they natics who similarly aspire to improve their MCCONNELL detailing specific actions don’t want their children to see when countries’ standing in the world. they are away or in another room. This The international effort to discourage the that should be taken before the nomi- automatic blocking device will be trig- spread of nuclear weapons is a fragile enter- nation of a United States Ambassador gered by a rating system that the net- prise, depending mainly on trust and good- to Burma would be considered in the works can develop themselves. This is will. But over the past half-century, the ef- Senate. not censorship. It is no more censor- fort has been remarkably and unexpectedly successful. It depends on a bargain in which Last year the State Department Au- ship than the current movie theater the nuclear powers agree to move toward nu- thorization Act for 1994–95 contained a rating system that was created by the clear disarmament at some indefinite point provision I introduced placing Burma movie industry less than three decades in the future, and in the meantime to avoid on the list of international outlaw ago. flaunting these portentous weapons or to use states such as Libya, North Korea, and I am also pleased to cosponsor the them merely for displays of one-upmanship. Iraq, an indication that the United Television Violence Report Card Act of That’s the understanding that France is now States Congress considers the SLORC 1995. This is the information part of undermining. The harassment by Greenpeace regime to be one of the very worst in what parents need. This legislation will is the least of the costs that these misguided tests will exact.∑ the world. The Senate also unani- encourage an evaluation of program- mously adopted S. 234 on July 15, 1994, ming to let parents know just what to f calling for the release of Aung San Suu watch for or watch out for. ON THE RELEASE OF AUNG SAN Kyi and for increased international Some call this legislation censorship, SUU KYI pressure on the SLORC to achieve the but it is not. It is parental empower- ∑ Mr. MOYNIHAN. Mr. President, after transfer of power to the winners of the ment and parental involvement, and 1990 democratic election. maybe a way to stem the tide of vio- 6 years of unjust detention by the Bur- Thankfully, Aung San Suu Kyi has lence that kids are exposed to every mese military, Nobel Peace Prize win- now been released. But the struggle in day and evening they watch tele- ner Aung San Suu Kyi is free. While Burma is not over. The SLORC con- vision.∑ this is cause for celebration and great relief from those of us who have long tinues to wage war against its own peo- ‘‘WHY NOT ATOM TESTS IN FRANCE?’’ called for her release, one cannot fail ple. Illegal heroin continues to be pro- ∑ Mr. SIMON. Mr. President, the Wash- to stress that there is also great out- duced with their complicity. And the ington Post had an editorial titled, rage that she was incarcerated in the SLORC continues to thwart the trans- ‘‘Why Not Atom Tests in France?’’ first instance. The State Law and fer to democracy in Burma. The New The policy of France is unwise, just Order Restoration Council [SLORC], York Times concludes appropriately: as our earlier policy of continuing tests the military Junta in Burma, has was unwise. The end of Ms. Aung San Suu Kyi’s deten- sought to thwart democracy at every tion must be followed by other steps toward France is not doing a favor to sta- turn. bility in the world with these tests. democracy before Myanmar is deemed eligi- Led by Aung San Suu Kyi, the Na- ble for loans from multilateral institutions I hope that the French Government tional League for Democracy [NLD] or closer ties with the United States. It is will reconsider this unwise course. party won a democratic election in too soon to welcome Yangon back into the At this point, I ask unanimous con- 1990, while she was under house arrest, democratic community. sent that this op-ed piece be printed in yet the SLORC has never allowed the We in the Senate must rededicate the RECORD. elected leaders of Burma to take office. The material follows: ourselves to the strong support of Instead they have forced these leaders those in Burma working to overcome WHY NOT ATOM TESTS IN FRANCE? to flee their country to escape arrest this tyranny. I congratulate Aung San France’s unwise decision to resume nuclear and death. testing was an invitation to the kind of pro- Suu Kyi on her extraordinary bravery The United States Senate has often and determination, and celebrate with tests and denunciations being generated by spoken in support of those brave Bur- Greenpeace’s skillful demonstration of polit- her family the news of her release. mese democracy leaders. We have with- ical theater. But even before Greenpeace set I ask that the July 13, 1995, editorial sail for the test site, several Pacific coun- held aid and weapons to the military be printed in the RECORD. tries had vehemently objected to France’s regime, and have provided some, albeit intention of carrying out the explosions at a modest amounts, of assistance to the The editorial follows:

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10440 CONGRESSIONAL RECORD — SENATE July 20, 1995 [The New York Times, July 13, 1995] 396 (99 Stat. 837, 841) is amended by deleting satisfactory to the President, that such con- NEW HOPE FOR BURMESE DEMOCRACY ‘‘until Congress otherwise provides by law.’’ tributions are a full and final settlement of and inserting in lieu thereof: ‘‘except that, all obligations of the United States to assist The release of the political prisoner Daw for fiscal years 1996 and thereafter, payments in the resettlement of Rongelap Atoll and Aung San Suu Kyi in Yangon, formerly Ran- to the Commonwealth of the Northern Mar- that such funds will be expended solely on goon, is good news. Mrs. Aung San Suu Kyi, iana Islands pursuant to the multi-year resettlement activities and will be properly who won the Nobel Peace Prize in 1991, had funding agreements contemplated under the audited and accounted for. In order to pro- been under house arrest for nearly six years. Covenant shall be limited to the amounts set vide such contributions in a timely manner, The next test for the regime, which changed forth in the Agreement of the Special Rep- each Federal agency providing assistance or the name of the country from Burma to resentatives on Future Federal Financial As- services, or conducting activities, in the Re- Myanmar, will be to follow Ms. Aung San sistance of the Northern Mariana Islands, ex- public of the Marshall Islands, is authorized Suu Kyi’s freedom with a return to some ecuted on December 17, 1992 between the spe- to make funds available, through the Sec- form of political pluralism and with other cial representative of the President of the retary of the Interior, to assist in the reset- improvements in human rights. United States and special representatives of tlement of Rongelap. Nothing in this sub- Mrs. Aung San Suu Kyi’s National League the Governor of the Northern Mariana Is- section shall be construed to limit the provi- for Democracy won elections under her lead- lands and shall be subject to all the require- sion of ex gratia assistance pursuant to sec- ership in 1990. The military refused to recog- ments of such Agreement with any addition 105(c)(2) of the Compact of Free Associa- nize the results, imprisoning and intimi- tional amounts otherwise made available tion Act of 1985 (Public Law 99–239, 99 Stat. dating many of the newly elected legislators. under this section in any fiscal year and not 1770, 1792) including for individuals choosing Burmese expatriates say torture is still rou- required to meet the schedule of payments not to resettle at Rongelap, except that no tinely used in prisons and by the military in set forth in the Agreement to be provided as such assistance for such individuals may be its repression of ethnic minorities. set forth in subsection (c) until Congress provided until the Secretary notifies the Mrs. Aung San Suu Kyi’s release has rekin- otherwise provides by law. Congress that the full amount of all funds dled the hopes of many Burmese for a return ‘‘(c) The additional amounts referred to in necessary for resettlement at Rongelap has to democracy. At her first public appearance, subsection (b) shall be made available to the been provided.’’. she stuck a conciliatory note, saying she Secretary for obligation as follows: wanted to promote dialogue with the mili- ‘‘(1) for fiscal year 1996, all such amounts SEC. 2. FEDERAL MINIMUM WAGE. Effective thirty days after the date of en- tary junta. She acted properly in cautioning shall be provided for capital infrastructure against unrealistic expectations. Neverthe- projects in American Samoa; and actment of this Act, the minimum wage pro- less, hundreds of people have made the pil- ‘‘(2) for fiscal years 1997 and thereafter, all visions, including, but not limited to, the grimage to her home in Yangon since her re- such amounts shall be available solely for coverage and exemptions provisions, of sec- lease, demonstrating the deep loyalty of her capital infrastructure projects in Guam, the tion 6 of the Fair Labor Standards Act of followers. Virgin Islands, American Samoa, the Com- June 25, 1938 (52 Stat. 1062), as amended, shall But Mrs. Aung San Suu Kyi is re-entering monwealth of Northern Mariana Islands, the apply to the Commonwealth of the Northern a society in which her own name has been a Republic of Palau, the Federated States of Mariana Islands, except— (a) on the effective date, the minimum forbidden word, where personal freedoms are Micronesia and the Republic of the Marshall wage rate applicable to the Commonwealth severely restricted and political life brutally Islands: Provided, That, in fiscal year 1997, $3 of the Northern Mariana Islands shall be curtailed. She refused to make any deals million of such amounts shall be made available to the College of the Northern Marianas $2.75 per hour; with the authorities to gain her freedom, and (b) effective January 1, 1996, the minimum and beginning in fiscal year 1997, and in each she has made it clear that she intends to wage rate applicable to the Commonwealth year thereafter, not to exceed $3 million may pursue her democratic goals. of the Northern Mariana Islands shall be be allocated, as provided in Appropriation Myanmar is eager to break its isolation $3.05 per hour; and join the region’s economic boom. Japan, Acts, to the Secretary of the Interior for use (c) effective January 1, 1997 and every Jan- which covets its rich natural resources, is al- by Federal agencies or the Commonwealth of uary 1 thereafter, the minimum wage rate ready preparing to warm up relations with the Northern Mariana Islands to address im- shall be raised by thirty cents per hour or Yangon. But Myanmar will need substantial migration, labor, and law enforcement issues the amount necessary to raise the minimum help from agencies like the World Bank and in the Northern Mariana Islands, including, wage rate to the wage rate set forth in sec- the International Monetary Fund to join the but not limited to detention and corrections tion 6(a)(1) of the Fair Labor Standards act, international economy. needs. The specific projects to be funded whichever is less; and The end of Ms. Aung San Suu Kyi’s deten- shall be set forth in a five-year plan for in- (d) once the minimum wage rate is equal to tion must be followed by other steps toward frastructure assistance developed by the Sec- the wage rate set forth in section 6(a)(1) of democracy before Myanmar is deemed eligi- retary of the Interior in consultation with the Fair Labor Standards Act, the minimum ble for loans from multilateral institutions each of the island governments and updated wage rate applicable to the Commonwealth or closer ties with the United States. It is annually and submitted to the Congress con- of the Northern Mariana Islands shall there- too soon to welcome Yangon back into the current with the budget justifications for the after be the wage rate set forth in section democratic community. Department of the Interior. In developing 6(a)(1) of the Fair Labor Standards Act. f and updating the five year plan for capital SEC. 3. REPORT. infrastructure needs, the Secretary shall in- The Secretary of the Interior, in consulta- INSULAR AREAS APPROPRIATIONS dicate the highest priority projects, consider tion with the Attorney General and Secre- AUTHORIZATION the extent to which particular projects are taries of Treasury, Labor and State, shall re- Mr. HATFIELD. Mr. President, I ask part of an overall master plan, whether such port to the Congress by the March 15 fol- project has been reviewed by the Corps of lowing each fiscal year for which funds are unanimous consent that the Senate Engineers and any recommendations made now turn to the consideration of Cal- allocated pursuant to section 4(c) of Public as a result of such review, the extent to Law 94–241 for use by Federal agencies or the endar No. 134, S. 638, regarding the in- which a set-aside for maintenance would en- Commonwealth to address immigration, sular areas, that the committee sub- hance the life of the project, the degree to labor or law enforcement activities. The re- stitute be agreed to, that the bill be which a local cost-share requirement would port shall include but not be limited to— read for a third time, and passed, and be consistent with local economic and fiscal (1) pertinent immigration information pro- the motion to reconsider be laid upon capabilities, and may propose an incre- vided by the Immigration and Naturalization the table. mental set-aside, not to exceed $2 million per Service, including the number of non-United year, to remain available without fiscal year States citizen contract workers in the CNMI, The PRESIDING OFFICER. Without limitation, as an emergency fund in the objection, it is so ordered. based on data the Immigration and Natu- event of natural or other disasters to supple- ralization Service may require of the Com- The Senate proceeded to consider the ment other assistance in the repair, replace- monwealth of the Northern Mariana Islands bill (S. 638) to authorize appropriations ment, or hardening of essential facilities: on a semiannual basis, or more often if for United States insular areas, and for Provided further, That the cumulative deemed necessary by the Immigration and other purposes, which had been re- amount set aside for such emergency fund Naturalization Service, ported from the Committee on Energy may not exceed $10 million at any time. (2) the treatment and conditions of non- ‘‘(d) Within the amounts allocated for in- United States citizen contract workers, in- and Natural Resources, with an amend- frastructure pursuant to this section, and ment to strike all after the enacting cluding foreign government interference subject to the specific allocations made in with workers’ ability to assert their rights clause and inserting in lieu thereof the subsection (c), additional contributions may under United States law, following: be made, as set forth in Appropriation Acts, (3) the effect of laws of the Northern Mar- SECTION 1. TERRITORIAL AND FREELY ASSOCI- to assist in the resettlement of Rongelap iana Islands on Federal interests, ATED STATE INFRASTRUCTURE AS- Atoll: Provided, That the total of all con- (4) the adequacy of detention facilities in SISTANCE. tributions from any Federal source after the Northern Mariana Islands, Section 4(b) of Public Law 94–241 (90 Stat. January 1, 1995 may not exceed $32 million (5) the accuracy and reliability of the com- 263) as added by section 10 of Public Law 99– and shall be contingent upon an agreement, puterized alien identification and tracking

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10441 system and its compatibility with the sys- assessment of local financial management maintenance would enhance the life of the tem of the Immigration and Naturalization and administrative capabilities, and Federal project, the degree to which a local cost- Service, and efforts to improve those capabilities. share requirement would be consistent with (6) the reasons why Federal agencies are SEC. 8. TECHNICAL CORRECTION. local economic and fiscal capabilities, and unable or unwilling to fully and effectively Section 501 of Public Law 95–134 (91 Stat. may propose an incremental set-aside, not to enforce Federal laws applicable within the 1159, 1164), as amended, is further amended exceed $2 million per year, to remain avail- Commonwealth of the Northern Mariana Is- by deleting ‘‘the Trust Territory of the Pa- able without fiscal year limitation, as an lands unless such activities are funded by cific Islands,’’ and inserting in lieu thereof emergency fund in the event of natural or the Secretary of the Interior. ‘‘the Republic of Palau, the Republic of the other disasters to supplement other assist- SEC. 4. IMMIGRATION COOPERATION. Marshall Islands, the Federated States of Mi- ance in the repair, replacement, or hardening The Commonwealth of the Northern Mar- cronesia,’’. of essential facilities: Provided further, That iana Islands and the Immigration and Natu- So the bill (S. 638), as amended, was read the cumulative amount set aside for such ralization Service shall cooperate in the for the third time and passed as follows: emergency fund may not exceed $10 million identification and, if necessary, exclusion or S. 638 at any time. ‘‘(d) Within the amounts allocated for in- deportation from the Commonwealth of the Be it enacted by the Senate and House of Rep- frastructure pursuant to this section, and Northern Mariana Islands of persons who resentatives of the United States of America in subject to the specific allocations made in represent security or law enforcement risks Congress assembled, to the Commonwealth of the Northern Mar- subsection (c), additional contributions may SECTION 1. TERRITORIAL AND FREELY ASSOCI- be made, as set forth in Appropriation Acts, iana Islands or the United States. ATED STATE INFRASTRUCTURE AS- SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT SISTANCE. to assist in the resettlement of Rongelap IN THE MARIANAS. Section 4(b) of Public Law 94–241 (90 Stat. Atoll: Provided, That the total of all con- (a) Section 8103(i) of title 46 of the United 263) as added by section 10 of Public Law 99– tributions from any Federal source after States Code is amended by renumbering 396 (99 Stat. 837, 841) is amended by deleting January 1, 1995 may not exceed $32 million paragraph (3) as paragraph (4) and by adding ‘‘until Congress otherwise provides by law.’’ and shall be contingent upon an agreement, a new paragraph (3) as follows: and inserting in lieu thereof: ‘‘except that, satisfactory to the President, that such con- ‘‘(3) Notwithstanding any other provision for fiscal years 1996 and thereafter, payments tributions are a full and final settlement of of this subsection, any alien allowed to be to the Commonwealth of the Northern Mar- all obligations of the United States to assist employed under the immigration laws of the iana Islands pursuant to the multi-year in the resettlement of Rongelap Atoll and Commonwealth of the Northern Mariana Is- funding agreements contemplated under the that such funds will be expended solely on lands (CNMI) may serve as an unlicensed sea- Covenant shall be limited to the amounts set resettlement activities and will be properly man on a fishing, fish processing, or fish ten- forth in the Agreement of the Special Rep- audited and accounted for. In order to pro- der vessel that is operated exclusively from a resentatives on Future Federal Financial As- vide such contributions in a timely manner, port within the CNMI and within the navi- sistance of the Northern Mariana Islands, ex- each Federal agency providing assistance or gable waters and exclusive economic zone of ecuted on December 17, 1992 between the spe- services, or conducting activities, in the Re- the United States surrounding the CNMI. cial representative of the President of the public of the Marshall Islands, is authorized Pursuant to 46 U.S.C. 8704, such persons are United States and special representatives of to make funds available, through the Sec- deemed to be employed in the United States the Governor of the Northern Mariana Is- retary of the Interior, to assist in the reset- and are considered to have the permission of lands and shall be subject to all the require- tlement of Rongelap. Nothing in this sub- the Attorney General of the United States to ments of such Agreement with any addi- section shall be construed to limit the provi- accept such employment: Provided, That tional amounts otherwise made available sion of ex gratia assistance pursuant to sec- paragraph (2) of this subsection shall not under this section in any fiscal year and not tion 105(c)(2) of the Compact of Free Associa- apply to persons allowed to be employed required to meet the schedule of payments tion Act of 1985 (Public Law 99–239, 99 Stat. under this paragraph.’’. set forth in the Agreement to be provided as 1770, 1792) including for individuals choosing (b) Section 8103(i)(1) of title 46 of the set forth in subsection (c) until Congress not to resettle at Rongelap, except that no United States Code is amended by deleting otherwise provides by law. such assistance for such individuals may be ‘‘paragraph (3) of this subsection’’ and in- ‘‘(c) The additional amounts referred to in provided until the Secretary notifies the serting in lieu thereof ‘‘paragraph (4) of this subsection (b) shall be made available to the Congress that the full amount of all funds subsection’’. Secretary for obligation as follows: necessary for resettlement at Rongelap has been provided.’’. SEC. 6. CLARIFICATION OF OWNERSHIP OF SUB- ‘‘(1) for fiscal year 1996, all such amounts MERGED LANDS IN THE COMMON- shall be provided for capital infrastructure SEC. 2. FEDERAL MINIMUM WAGE. WEALTH OF THE NORTHERN MAR- projects in American Samoa; and Effective thirty days after the date of en- IANA ISLANDS. ‘‘(2) for fiscal years 1997 and thereafter, all actment of this Act, the minimum wage pro- Public Law 93–435 (88 Stat. 1210), as amend- such amounts shall be available solely for visions, including, but not limited to, the ed, is further amended by— capital infrastructure projects in Guam, the coverage and exemptions provisions, of sec- (a) striking ‘‘Guam, the Virgin Islands’’ in Virgin Islands, American Samoa, the Com- tion 6 of the Fair Labor Standards Act of section 1 and inserting in lieu thereof monwealth of the Northern Mariana Islands, June 25, 1938 (52 Stat. 1062), as amended, shall ‘‘Guam, the Commonwealth of the Northern the Republic of Palau, the Federated States apply to the Commonwealth of the Northern Mariana Islands, the Virgin Islands’’ each of Micronesia and the Republic of the Mar- Mariana Islands, except— place the words appear; shall Islands: Provided, That, in fiscal year (a) on the effective date, the minimum (b) striking ‘‘Guam, American Samoa’’ in 1997, $3 million of such amounts shall be wage rate applicable to the Commonwealth section 2 and inserting in lieu thereof made available to the College of the North- of the Northern Mariana Islands shall be ‘‘Guam, the Commonwealth of the Northern ern Marianas and beginning in fiscal year $2.75 per hour; Mariana Islands, American Samoa’’; and 1997, and in each year thereafter, not to ex- (b) effective January 1, 1996, the minimum (c) striking ‘‘Guam, the Virgin Islands’’ in ceed $3 million may be allocated, as provided wage rate applicable to the Commonwealth section 2 and inserting in lieu thereof in Appropriation Acts, to the Secretary of of the Northern Mariana Islands shall be ‘‘Guam, the Commonwealth of the Northern the Interior for use by Federal agencies or $3.05 per hour; Mariana Islands, the Virgin Islands.’’. the Commonwealth of the Northern Mariana (c) effective January 1, 1997 and every Jan- With respect to the Commonwealth of the Islands to address immigration, labor, and uary 1 thereafter, the minimum wage rate Northern Mariana Islands, references to ‘‘the law enforcement issues in the Northern Mar- shall be raised by thirty cents per hour or date of enactment of this Act’’ or ‘‘date of iana Islands, including, but not limited to the amount necessary to raise the minimum enactment of this subsection’’ contained in detention and corrections needs. The specific wage rate to the wage rate set forth in sec- Public Law 93–435, as amended, shall mean projects to be funded shall be set forth in a tion 6(a)(1) of the Fair Labor Standards act, the date of enactment of this section. five-year plan for infrastructure assistance whichever is less; and SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT. developed by the Secretary of the Interior in (d) once the minimum wage rate is equal to The Secretary of the Interior shall submit consultation with each of the island govern- the wage rate set forth in section 6(a)(1) of to the Congress, annually, a ‘‘State of the Is- ments and updated annually and submitted the Fair Labor Standards Act, the minimum lands’’ report on American Samoa, Guam, to the Congress concurrent with the budget wage rate applicable to the Commonwealth the United States Virgin Islands, the Com- justifications for the Department of the Inte- of the Northern Mariana Islands shall there- monwealth of the Northern Mariana Islands, rior. In developing and updating the five after be the wage rate set forth in section the Republic of Palau, the Republic of the year plan for capital infrastructure needs, 6(a)(1) of the Fair Labor Standards Act. Marshall Islands, and the Federated States the Secretary shall indicate the highest pri- SEC. 3. REPORT. of Micronesia that includes basic economic ority projects, consider the extent to which The Secretary of the Interior, in consulta- development information, data on direct and particular projects are part of an overall tion with the Attorney General and Secre- indirect Federal assistance, local revenues master plan, whether such project has been taries of Treasury, Labor and State, shall re- and expenditures, employment and unem- reviewed by the Corps of Engineers and any port to the Congress by the March 15 fol- ployment, the adequacy of essential infra- recommendations made as a result of such lowing each fiscal year for which funds are structure and maintenance thereof, and an review, the extent to which a set-aside for allocated pursuant to section 4(c) of Public

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10442 CONGRESSIONAL RECORD — SENATE July 20, 1995 Law 94–241 for use by Federal agencies or the (c) striking ‘‘Guam, the Virgin Islands’’ in by the end of fiscal year 1996—Sep- Commonwealth to address immigration, section 2 and inserting in lieu thereof tember 30. If the District fails to com- labor or law enforcement activities. The re- ‘‘Guam, the Commonwealth of the Northern ply, their 1997 Federal highway appor- port shall include but not be limited to— Mariana Islands, the Virgin Islands.’’. (1) pertinent immigration information pro- With respect to the Commonwealth of the tionments will be reduced. vided by the Immigration and Naturalization Northern Mariana Islands, references to ‘‘the The legislation also requires that Service, including the number of non-United date of enactment of this Act’’ or ‘‘date of these Federal funds are to be used to States citizen contract workers in the CNMI, enactment of this subsection’’ contained in maintain and upgrade National High- based on data the Immigration and Natu- Public Law 93–435, as amended, shall mean way System routes in the District, and ralization Service may require of the Com- the date of enactment of this section. other projects which the Secretary of monwealth of the Northern Mariana Islands SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT. Transportation determines to be im- on a semiannual basis, or more often if The Secretary of the Interior shall submit portant to the entire region. deemed necessary by the Immigration and to the Congress, annually, a ‘‘State of the Is- Any other project the District de- Naturalization Service, lands’’ report on American Samoa, Guam, (2) the treatment and conditions of non- the United States Virgin Islands, the Com- cides to move forward with must be United States citizen contract workers, in- monwealth of the Northern Mariana Islands, matched with local funds. In other cluding foreign government interference the Republic of Palau, the Republic of the words, this bill only temporarily with workers’ ability to assert their rights Marshall Islands, and the Federated States waives the local match for those under United States law, of Micronesia that includes basic economic projects important to maintaining the (3) the effect of laws of the Northern Mar- development information, data on direct and District’s most heavily traveled roads. iana Islands on Federal interests, indirect Federal assistance, local revenues Mr. President, during the commit- (4) the adequacy of detention facilities in and expenditures, employment and unem- tee’s consideration a provision was the Northern Mariana Islands, ployment, the adequacy of essential infra- (5) the accuracy and reliability of the com- structure and maintenance thereof, and an added to require the Department of puterized alien identification and tracking assessment of local financial management Transportation to report to the Con- system and its compatibility with the sys- and administrative capabilities, and Federal gress on those projects funded in 1995. tem of the Immigration and Naturalization efforts to improve those capabilities. This provision gives us further assur- Service, and SEC. 8. TECHNICAL CORRECTION. ance that the District will properly use (6) the reasons why Federal agencies are Section 501 of Public Law 95–134 (91 Stat. these funds on those most regionally unable or unwilling to fully and effectively 1159, 1164), as amended, is further amended significant projects. The committee enforce Federal laws applicable within the by deleting ‘‘the Trust Territory of the Pa- Commonwealth of the Northern Mariana Is- has made clear that following a review cific Islands,’’ and inserting in lieu thereof of the use of the 1995 apportionments, lands unless such activities are funded by ‘‘the Republic of Palau, the Republic of the the Secretary of the Interior. Marshall Islands, the Federated States of Mi- if these funds were not allocated to SEC. 4. IMMIGRATION COOPERATION. cronesia,’’. worthy projects, then the committee The Commonwealth of the Northern Mar- will reconsider the waiver for fiscal f iana Islands and the Immigration and Natu- year 1996. ralization Service shall cooperate in the DISTRICT OF COLUMBIA These are the same roads which serve identification and, if necessary, exclusion or TRANSPORTATION PROJECTS as the gateways to our Nation’s Capital deportation from the Commonwealth of the Northern Mariana Islands of persons who Mr. HATFIELD. Mr. President, I ask and are the major commuter arteries represent security or law enforcement risks unanimous consent that the Senate for the metropolitan region. to the Commonwealth of the Northern Mar- proceed to the immediate consider- These are the same roads which con- iana Islands or the United States. ation of Calendar No. 144, S. 1023. tribute to the functioning of the Fed- SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT The PRESIDING OFFICER. The eral Government and serve the thou- IN THE MARIANAS. clerk will report. sands of tourists from our States who (a) Section 8103(i) of title 46 of the United The assistant legislative clerk read States Code is amended by renumbering travel here each year. paragraph (3) as paragraph (4) and by adding as follows: Mr. President, it is important to em- a new paragraph (3) as follows: A bill (S. 1023) to authorize an increased phasize that this legislation is nec- ‘‘(3) Notwithstanding any other provision Federal share of the costs of certain trans- essary to reduce congestion which of this subsection, any alien allowed to be portation projects in the District of Colum- plagues the entire region. The projects employed under the immigration laws of the bia for fiscal years 1995 and 1996, and for to benefit from this legislation are Commonwealth of the Northern Mariana Is- other purposes. ones that compliment the transpor- lands (CNMI) may serve as an unlicensed sea- The PRESIDING OFFICER. Is there tation priorities of Virginia and Mary- man on a fishing, fish processing, or fish ten- objection to the immediate consider- der vessel that is operated exclusively from a land, such as the 14th Street Bridge ation of the bill? and Pennsylvania Avenue. port within the CNMI and within the navi- There being no objection, the Senate gable waters and exclusive economic zone of Also, I ask unanimous consent to the United States surrounding the CNMI. proceeded to consider the bill. have printed in the RECORD a copy of a Pursuant to 46 U.S.C. 8704, such persons are Mr. WARNER. Mr. President, I am letter from Virginia Secretary of deemed to be employed in the United States pleased that the Senate is considering Transportation Martinez placing Gov- and are considered to have the permission of legislation today to allow the District ernor Allen’s administration solidly in the Attorney General of the United States to of Columbia to move forward with support of this legislation, and a letter accept such employment: Provided, That transportation projects that are criti- paragraph (2) of this subsection shall not in support from the distinguished Rep- cally needed for the entire metropoli- resentative from the District of Colum- apply to persons allowed to be employed tan Washington region. bia, Ms. NORTON. under this paragraph.’’. I want to make clear to my col- (b) Section 8103(i)(1) of title 46 of the There being no objection, the mate- leagues that this legislation is con- United States Code is amended by deleting rial was ordered to be printed in the sistent with the temporary match ‘‘paragraph (3) of this subsection’’ and in- RECORD, as follows: serting in lieu thereof ‘‘paragraph (4) of this waivers that Congress has provided in subsection’’. 1975, 1982, and 1991. Under previous COMMONWEALTH OF VIRGINIA, OFFICE OF THE GOVERNOR, SEC. 6. CLARIFICATION OF OWNERSHIP OF SUB- matching share waivers, 39 States have July 7, 1995. MERGED LANDS IN THE COMMON- utilized this flexibility. WEALTH OF THE NORTHERN MAR- Hon. JOHN WARNER, IANA ISLANDS. The legislation before the Senate is U.S. Senate, Russell Senate Office Building, Public Law 93–435 (88 Stat. 1210), as amend- again a temporary waiver of the local Washington, DC ed, is further amended by— matching share required before a DEAR SENATOR WARNER: This letter is to (a) striking ‘‘Guam, the Virgin Islands’’ in State, or in this case the District of provide the Commonwealth of Virginia’s po- section 1 and inserting in lieu thereof Columbia, can obligate Federal high- sition on the proposed legislation to author- ‘‘Guam, the Commonwealth of the Northern way dollars. It is not a complete for- ize the U.S. Secretary of Transportation to Mariana Islands, the Virgin Islands’’ each increase the federal share of certain highway place the words appear; giveness of their financial obligation to projects in the District of Columbia for fiscal (b) striking ‘‘Guam, American Samoa’’ in provide a 20 percent match of these years 1995 and 1996. This legislation would in section 2 and inserting in lieu thereof Federal dollars. effect provide a temporary waiver of the ‘‘Guam, the Commonwealth of the Northern This legislation requires the District local match for highway projects in Wash- Mariana Islands, American Samoa’’; and to repay these matching requirements ington, D.C.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — SENATE S10443 It is important for the economic health of nue rather than the formerly used (A) deposited in the Highway Trust Fund Northern Virginia and the region to continue routing along Pennsylvania Avenue. established by section 9503 of the Internal the development of critical transportation Today I believe that the historic Revenue Code of 1986; and (B) credited to the appropriate account of improvements. The regional projects that beauty of Constitution Avenue is Virginia is working with the District include the District of Columbia for the category of the 14th Street Bridge improvements and marred by an increasing number of the project. certain Intelligent Transportation System vendor vehicles permanently located (3) FAILURE TO REPAY.— (ITS) projects. along this corridor. These vendors cre- (A) DEDUCTIONS.—If the District of Colum- Virginia supports this measure to allow ate gridlock, as they scramble to park, bia fails to make a repayment required under the needed transportation projects to move during peak usage of this vital cor- paragraph (1) with respect to a project, the forward this construction season and not Secretary of Transportation shall deduct an ridor. They distract from the intrinsic amount equal to the amount of the failed re- delay much needed projects. If we can pro- beauty and historic tradition of this vide any additional information, please do payment from funds appropriated or allo- not hesitate to call me. corridor. Cannot the users and visitors cated for the category of the project for fis- Sincerely, to this great capitol city have one ave- cal year 1997 to the District of Columbia ROBERT E. MARTI´NEZ. nue free of commercial buildings and under title 23, United States Code. commercial vehicles? (B) REAPPORTIONMENT.—Any amount de- CONGRESS OF THE UNITED STATES, I have shared these views with the ducted under subparagraph (A) shall be re- HOUSE OF REPRESENTATIVES, Mayor of the District of Columbia, and apportioned for fiscal year 1997 in accordance Washington, DC. July 17, 1995. with title 23, United States Code, to a State I will continue to work for these goals. other than the District of Columbia. Hon. ROBERT DOLE, Mr. HATFIELD. Mr. President, I ask Majority Leader of the Senate, Washington, DC. SEC. 3. REPORT TO CONGRESS. DEAR SENATOR DOLE: On July 11, the Sen- unanimous consent that the bill be Not later than November 1, 1995, and No- ate Environment and Public Works Com- considered and deemed read a third vember 1, 1996, the Secretary of Transpor- mittee passed legislation, introduced by Sen- time, passed, and that the motion to tation shall prepare and submit to the Com- ator John Warner, that would waive the reconsider be laid upon the table, and mittee on Environment and Public Works of local match of federal highway funds for the that any statements relating to the the Senate and the Committee on Transpor- District of Columbia for FY 1995 and FY 1996. bill be placed at the appropriate place tation and Infrastructure of the House of Representatives a report describing— I write now to seek your assistance in get- in the RECORD. ting this legislation through the Senate. (1) each project within the District of Co- Without swift passage of this legislation in The PRESIDING OFFICER. Without lumbia for which an increased Federal share both chambers, before August 1, $82 million objection, it is so ordered. has been paid under section 2; in FY 1995 apportioned monies and a similar So the bill (S. 1023), was deemed read (2) any specific cause of delay in the rate of amount in FY 1996 will be unavailable. It is for a third time and passed, as follows: obligation of Federal funds made available essential to the economic health of the Dis- S. 1023 under section 2; and (3) any other information that the Sec- trict and the region to repair the gateway Be it enacted by the Senate and House of Rep- streets used by regional commuters and 20 retary of Transportation determines is rel- resentatives of the United States of America in evant. million visitors annually. Congress assembled, No new highway projects are planned this f fiscal year in the District; nor have any bids SECTION 1. SHORT TITLE. been solicited over the past 18 months be- This Act may be cited as the ‘‘District of ORDERS FOR FRIDAY, JULY 21, 1995 cause the District’s fiscal crisis has left the Columbia Emergency Highway Relief Act’’. Mr. HATFIELD. Mr. President, I ask city unable to meet the matching funds re- SEC. 2. DISTRICT OF COLUMBIA EMERGENCY unanimous consent that when the Sen- quirement for federal monies. As you know, HIGHWAY RELIEF. ate completes its business today it this federal money does not linger in the (a) TEMPORARY WAIVER OF NON-FEDERAL stand in recess until the hour of 9 a.m. SHARE.—Notwithstanding any other law, government bureaucracy but gets flushed on Friday, July 21, 1995; that following right into the private sector when a city bids during fiscal years 1995 and 1996, the Federal from private sector contractors to work on share of the costs of a project within the Dis- the prayer, the Journal of proceedings the projects. trict of Columbia described in subsection (b) be deemed approved to date, that the The waiver in the Warner bill is based on shall be a percentage requested by the Dis- time for the two leaders be reserved for precedents from P.L. 94–30 in 1975, P.L. 97–424 trict of Columbia, but not to exceed 100 per- their use later in the day, and that the in 1982 and P.L. 102–240 in 1991. With the cent of the costs of the project. Senate then immediately begin consid- waiver, vital District projects to improve the (b) ELIGIBLE PROJECTS.—A project referred eration of H.R. 1817, the military con- major gateways into the city could proceed, to in subsection (a) is a project— (1) for which the United States— struction appropriations bill. aiding more tourists and commuters than The PRESIDING OFFICER. Without D.C. residents, and providing desperately (A) is obligated to pay under title 23, needed jobs and economic development for United States Code, on the date of enact- objection, it is so ordered. the city. ment of this Act; or f Please help. (B) becomes obligated to pay under title 23, Best personal regards. United States Code, during any portion of PROGRAM Sincerely, the period beginning on the date of enact- Mr. HATFIELD. Mr. President, for ELEANOR HOLMES NORTON. ment of this Act and ending on September the information of all Senators, under Mr. WARNER. Mr. President, on a re- 30, 1996; and the previous order, the Senate will related matter, I would like to share (2) that is— sume consideration of the MILCON ap- (A) for a route proposed for inclusion in propriations bill at 9 a.m. tomorrow. with the Senate my longstanding inter- the National Highway System; or est in preserving the historic integrity (B) of regional significance (as determined Also, under the unanimous consent of Constitution Avenue. This pano- by the Secretary of Transportation); agreement entered into earlier this ramic avenue has witnessed many land- with respect to which the Mayor of the Dis- evening, the Senate will resume con- mark events in our Nation’s history. It trict of Columbia certifies that sufficient sideration of the rescissions bill at links the Lincoln Monument to the funds are not available to pay the full non- 10:20 tomorrow morning. Under that U.S. Capitol with many of the principal Federal share of the costs of the project. agreement, there will be approximately U.S. Government offices, national mu- (c) REPAYMENT.— 40 minutes of debate remaining on the (1) OBLIGATION TO REPAY.—Not later than seums, and the National Gallery of Art September 30, 1996, the District of Columbia bill. Following that debate, at approxi- gracing this historic avenue. shall repay to the United States, with re- mately 11 a.m. the Senate will proceed Unfortunately it has fallen into a se- spect to each project for which an increased to vote on a motion to table the first rious state of disrepair. It has become Federal share is paid under subsection (a), an Wellstone amendment. That vote may a corridor overburdened with mobile amount equal to the difference between— be followed by an immediate vote on street vendors. (A) the amount of the costs of the project the motion to table the second Formerly known as B Street, it was paid by the United States under subsection Wellstone amendment to be followed renamed Constitution Avenue in 1913 (a); and by a vote on passage of the rescissions and hosted President Franklin Roo- (B) the amount of the costs of the project that would have been paid by the United bill. sevelt’s inaugural parades. President States but for subsection (a). All Senators should, therefore, be Roosevelt was the first President to (2) DEPOSIT OF REPAID FUNDS.—A repay- aware that rollcall votes will occur break with tradition and host his inau- ment made under paragraph (1) with respect throughout Friday’s session of the Sen- gural parade along Constitution Ave- to a project shall be— ate.

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10444 CONGRESSIONAL RECORD — SENATE July 20, 1995 RECESS UNTIL 9 A.M. TOMORROW IN THE ARMY BRIG. GEN. JAMES C. KING, 000–00–0000 BRIG. GEN. JOSEPH G. GARRETT, III, 000–00–0000 Mr. HATFIELD. Mr. President, if THE FOLLOWING-NAMED OFFICER TO BE PLACED ON BRIG. GEN. LEROY R. GOFF, III, 000–00–0000 THE RETIRED LIST IN THE GRADE INDICATED UNDER BRIG. GEN. DANIEL G. BROWN, 000–00–0000 there is no further business to come be- THE PROVISIONS OF TITLE 10, UNITED STATES CODE, BRIG. GEN. WILLIAM P. TANGNEY, 000–00–0000 fore the Senate, I now ask that the SECTION 1370: BRIG. GEN. CHARLES S. MAHAN, JR., 000–00–0000 BRIG. GEN. JOHN J. MAHER, III, 000–00–0000 Senate stand in recess under the pre- To be lieutenant general BRIG. GEN. LEON J. LAPORTE, 000–00–0000 vious order. LT. GEN. JOHN P. OTJEN, 000–00–0000 BRIG. GEN. CLAUDIA J. KENNEDY, 000–00–0000 There being no objection, the Senate, THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE THE REGULAR ARMY OF THE UNITED STATES TO THE DUTY LIST, FOR PROMOTION TO THE GRADES INDICATED at 11:27 p.m., recessed until tomorrow, GRADE INDICATED, UNDER THE PROVISIONS OF TITLE 10, IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 618, UNITED STATES CODE, SECTIONS 611(A) AND 624: 624 AND 628, TITLE 10, UNITED STATES CODE. THE OFFI- Friday, July 21, 1995, at 9 a.m. CER IDENTIFIED WITH AN ASTERISK IS ALSO BEING f To be permanent major general NOMINATED FOR APPOINTMENT IN THE REGULAR ARMY. BRIG. GEN. ROBERT W. ROPER, JR., 000–00–0000 MEDICAL CROPS NOMINATIONS BRIG. GEN. EDWARD L. ANDREWS, 000–00–0000 Executive nominations received by BRIG. GEN. DAVID K. HEEBNER, 000–00–0000 To be lieutenant colonel BRIG. GEN. MORRIS J. BOYD, 000–00–0000 the Senate July 20, 1995: BRIG. GEN. ROBERT R. HICKS, JR., 000–00–0000 *JOHN D. PITCHER, 000–00–0000 BRIG. GEN. STEWART W. WALLACE, 000–00–0000 DEPARTMENT OF STATE BRIG. GEN. JAMES M. WRIGHT, 000–00–0000 MEDICAL CORPS JAMES A. JOSEPH, OF VIRGINIA, TO BE AMBASSADOR BRIG. GEN. CHARLES W. THOMAS, 000–00–0000 To be major EXTRAORDINARY AND PLENIPOTENTIARY OF THE BRIG. GEN. GEORGE H. HARMEYER, 000–00–0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF BRIG. GEN. JOHN F. MICHITSCH, 000–00–0000 RAY J. RODRIGUEZ, 000–00–0000 SOUTH AFRICA. BRIG. GEN. LON E. MAGGART, 000–00–0000 BRIG. GEN. HENRY T. GLISSON, 000–00–0000 IN THE NAVY IN THE AIR FORCE BRIG. GEN. THOMAS N. BURNETTE, JR., 000–00–0000 BRIG. GEN. DAVID H. OHLE, 000–00–0000 THE FOLLOWING-NAMED U.S. NAVAL ACADEMY GRAD- THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN BRIG. GEN. MILTON HUNTER, 000–00–0000 UATES TO BE APPOINTED PERMANENT ENSIGN IN THE THE REGULAR AIR FORCE OF THE UNITED STATES TO BRIG. GEN. JAMES T. HILL, 000–00–0000 LINE OF THE U.S. NAVY, PURSUANT TO TITLE 10, UNITED THE GRADE OF BRIGADIER GENERAL UNDER TITLE 10, BRIG. GEN. GREG L. GILE, 000–00–0000 STATES CODE, SECTION 531: UNITED STATES CODE, SECTION 624: BRIG. GEN. JAMES C. RILEY, 000–00–0000 KYUJIN J. CHOI, 000–00–0000 To be brigadier general BRIG. GEN. RANDALL L. RIGBY, 000–00–0000 WILLIAM D. DAY, 000–00–0000 BRIG. GEN. DANIEL J. PETOSKY, 000–00–0000 JASON W. HAINES, 000–00–0000 COL. WILLIAM J. DENDINGER, 000–00–0000 BRIG. GEN. MICHAEL B. SHERFIELD, 000–00–0000 MURZBAN F. MORRIS, 000–00–0000

VerDate Aug 31 2005 05:52 May 28, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S20JY5.REC S20JY5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS July 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1477 EXTENSIONS OF REMARKS

AMERICAN LONGSHOREMAN JOBS I ask all my colleagues who value the sanc- Since being founded almost 75 years ago, tity and preservation of American jobs to urge the Shriners Hospitals have been providing HON. LINDA SMITH the Secretary of State to review the reciprocity completely free care to their young patients OF WASHINGTON list and preserve the intent of Congress to without any Government payments, any insur- IN THE HOUSE OF REPRESENTATIVES keep American jobs from needlessly being lost ance payments or payments from any third to foreign crew members. party. All expenses are covered through the Thursday, July 20, 1995 f generosity of the American people. Mrs. SMITH of Washington. Mr. Speaker, I The Shriners Hospitals have received the take the well of the House today to talk about FAIR TAX TREATMENT FOR HARD 1995 NOVA Award for their innovative American longshoreman jobs that are being APPLE CIDER CHOICES program. CHOICES is the acronym needlessly lost. The Secretary of State is for Children's Health Care Options Improved charged with compiling a list of countries who HON. RICHARD E. NEAL through Collaborative Efforts and Services, reciprocate with the United States in allowing OF MASSACHUSETTS and it represents a new era of public-private their longshoremen work while in a host port. IN THE HOUSE OF REPRESENTATIVES partnership in the delivery of health care serv- That list is fatally flawed. ices. The Government Accounting Office [GAO] Thursday, July 20, 1995 Launched in 1988 at the Shriners Hospital has been very critical of the Secretary of State Mr. NEAL. Mr. Speaker, today Congress- in Lexington, KY, in collaboration with the for the manner in which the State Department men ENGLISH, HOUGHTON, and I are introduc- Kentucky Commission for Children with Spe- compiled its reciprocity list. A better analysis ing legislation that will provide fair tax treat- cial Health Care Needs, the CHOICES proof the situation and the rendering of a new list, ment for hard apple cider. The purpose of this gram coordinates the care of special needs as required by law, would keep potentially legislation is to clarify the tax treatment of children to avoid duplication of services for large numbers of American longshoremen jobs draft cider. some and lack of care for others. from being lost. Currently, the work product of Under current law, draft apple cider is taxed CHOICES helps to fill this gap in services the Secretary of State has led to opportunities at a much higher rate than beer despite the through facilitated referrals and coordinated for crew members aboard foreign commercial fact the two beverages have a similar alcohol care between the Shriners Hospitals and com- vessels to perform longshore work in Amer- level. Hard apple cider is taxed as wine and munity-based government providers. At the ican waters. The potentially high job losses is subject to a tax of $1.07 per wine gallon. conclusion of CHOICES' Phase I, 4 Shriners caused by the Department of State's misinter- Whereas, beer is subject to a tax of 22.6 Hospitals and 10 State programs were partici- pretation of Congress' intent to protect Amer- cents per gallon. pating in the partnership. Phase II will involve ican longshore jobs could be disastrous for Hard apple cider has an alcohol level below six more Shriners Hospitals and the States our workers. 7 percent and this is much lower than the al- that they serve. According to my esteemed colleague, the cohol level of beer. Also, beer and hard apple The CHOICES program stands as an exam- senior Senator from Washington State, SLADE cider are packaged and marketed in a similar ple of the type of creative, comprehensive re- GORTON, the Department of State's misinter- fashion. Hard apple cider is becoming a popu- sponse we need to meet the challenges of pretation of the reciprocity law ``may open the lar alternative to beer. health care delivery for the 21st century. I am door to allowing more foreign crewmen to per- This legislation will tax apple cider at the proud to congratulate the Shriners Hospitals form longshore work in the U.S.'' I agree with same rate as beer. The Joint Committee on for their forward looking approach and for their Senator GORTON. Now is not the time to allow Taxation has estimated this legislation would seven decades of commitment to the special more American jobs to flow overseas, certainly cost $5 million over 5 years. This small tax children they serve. not at the hand of our own State Department change would allow hard apple cider produc- f and certainly not contrary to the intent of Con- ers to compete fairly with beer. The current TRIBUTE TO EDWIN L. ZEHNDER gress. tax prohibits many apple growers from produc- Now is the time for the Secretary of State to ing cider. Apple growers and producers in our revisit the reciprocity issue and consider the districts would prosper because hard apple HON. DAVE CAMP GAO's recommendation to evaluate industry cider is made from culled apples, the least OF MICHIGAN practices and collective bargaining agree- marketable apples. IN THE HOUSE OF REPRESENTATIVES ments which reserve longshore work exclu- Senator LEAHY is introducing companion Thursday, July 20, 1995 sively for foreign crews. Starting in the 1980's, legislation. I urge you to cosponsor this legis- Mr. CAMP. Mr. Speaker, it is with great foreign ship owners began to tie up their ships lation which will provide equity to the draft pleasure that I rise today to honor a man who and load logs using their own crews. Before cider industry. has devoted much of his life to helping and the 1980's, this work had always been re- f brightening the lives of others. On July 25, Mr. served for American longshoremen. The U.S. Edwin Zehnder will celebrate his 75th birthday. Court of Appeals for the Ninth Circuit upheld SHRINERS HOSPITALS HONORED On this historic day, citizens of Frankenmuth the International Longshoremen's and WITH PRESTIGIOUS NOVA AWARD will also celebrate the vast contributions which Warehousemen's Union position that this prac- Edwin has made to his community. tice violated several Immigration and Natu- HON. HAROLD ROGERS Since 1965, Edwin and his wife, Marion, ralization Service [INS] regulations. Still, this OF KENTUCKY have been the proprietors of Zehnder's of practice goes unchecked by our State Depart- IN THE HOUSE OF REPRESENTATIVES Frankenmuth restaurant, one of the most fa- ment despite the intent of Congress to rectify mous and top 10 independent restaurants in Thursday, July 20, 1995 this situation. total sales in the United States. Throughout Mr. Speaker, we don't need another legisla- Mr. ROGERS. Mr. Speaker, the Shriners the century, the Zehnder family has main- tive answer to this problem. Congress has al- Hospitals for Crippled Children have always tained its commitment to friendly service and ready addressed this issue by passing bi-par- been recognized for the quality medical care the best oven-roasted chicken in Michigan. tisan amendments to the Immigration and Nat- they deliver in their 22 orthopaedic and burn In the three decades that Edwin has run uralization Act which affirmed the rights of hospitals located throughout North America. Zehnder's, he has taken the Michigan land- American waterfront workers. What we need Recently, I was pleased to learn that the mark created by his father, William, and ex- today is action by the Secretary of State in re- Shriners Hospitals have been honored for their panded it into the largest tourist location in viewing the list of countries who grant reci- latest initiative as the 1995 recipient of the Michigan's historic Frankenmuth. The 84,000- procity to American longshoremen and publish prestigious NOVA Award sponsored by the square-foot restaurant now accompanies a re- a new list which is fair to the American worker. American Hospital Association. tail gift store, a retail food store, and a bakery.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1478 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 1995 Vacationers from around the country have Last fall OPM launched its new Interagency of the American dream. Generations of young stopped at world-famous Zehnder's for a sam- Placement Program [IPP], an initiative that dancers from small towns to the largest cities ple of the outstanding cuisine and festive at- combines the old Displaced Employee Pro- have wanted to become a part of the mosphere. gram and the Interagency Placement Pro- Rockettes. Edwin's commitment to community service gram. I believe that the new IPP is sure to be Moreover, the Rockettes have evolved into does not stop at the doors of his Frankenmuth as ineffective as the two programs it replaced an American icon recognized throughout the restaurant. Edwin and Marion have remained because OPM only refers registrants for va- world. At the invitation of the French Govern- active in their community and their church for cancies to be filled by competitive appointment, they represented the United States in years. As owner of one of the greatest tourist ment. Most important, agencies need only the 1937 Paris Exposition Grand Prix and spots in Michigan, Edwin has spent his career consider, and are not required to hire qualified won. Since then, the Rockettes have enter- making contributions to the State's hospitality- OPM referrals. Agencies can avoid hiring the tained millions of people performing not only tourism industry. RIF'ed employee by simply filing an objection at Radio City, but also entertaining our military Mr. Speaker, Edwin's dedication to his com- with OPM. In the context of the most extraor- troops, visiting international dignitaries, and munity, his family, and his business have dinary downsizing in the Federal Govern- heads of state and U.S. Presidents. In addi- served over the years as an inspiration to all ment's history, this hardly seems fair to quali- tion, they have also performed for several who know him. I know you will join my col- fied employees RIF'ed to satisfy an undocu- benefit groups, including the Heart Associa- leagues and I in wishing Mr. Edwin Zehnder a mented quota having nothing to do with their tion, International Human Rights, and the happy and healthy 75th birthday. May his fu- own qualifications or record of service. Peter Allen AIDS Foundation. ture be marked with continued success. A 1992 GAO study makes clear that a clear The Rockette Alumnae Association is a not- f and direct statutory mandate that agencies for-profit organization whose membership of INTRODUCTION OF THE FEDERAL give RIF'ed employees a mandatory hiring over 400 former Rockettes represents the SERVICE PRIORITY PLACEMENT preference over outside job applicants is war- seven continuous decades of working Amer- PROGRAM ACT OF 1995 ranted. Otherwise, it is not at all clear that ican women who have shared in the history of agencies will voluntarily give up their preroga- this uniquely American institution. A special tive under the existing OPM placement pro- anniversary celebration sponsored by the HON. ELEANOR HOLMES NORTON gram to reject displaced workers and hire alumnae is scheduled for August 5, 1995, at OF THE DISTRICT OF COLUMBIA whoever they want to fill vacant positions. the Plaza Hotel in New York City. Funds IN THE HOUSE OF REPRESENTATIVES The President's National Partnership Coun- raised in this event will be donated to the Jul- Thursday, July 20, 1995 cil, a new Federal labor-management organi- liard School of Music, where the school's first Ms. NORTON. Mr. Speaker, today I am in- zation, has likewise recognized the need for dance scholarship was established and en- troducing the Federal Service Priority Place- the Federal Government, in the midst of such dowed by the Rockette Alumnae in the name ment Act of 1995. This bill directs the Office massive downsizing, to be more activist in try- of its founder, Russell E. Markert. of Personnel Management [OPM] to establish ing to place displaced employees. In a July re- Mr. Speaker, the Rockettes' contribution to a governmentwide interagency placement pro- port, the Council advocated a governmentwide the cultural history of America is as broad as gram for Federal employees affected by replacement policy that gave displaced or the many women who have been with the ductions-in-force [RIFs]. I believe that the im- RIF'ed employees priority over outside hires. dance troop, and the millions of people who mediate enactment of this legislation is essen- Similarly, in an NPR draft report entitled the have attended its shows. I ask my colleagues tial to respond to the needs of employees ``Federal Human Resource Management to join me in saluting the Radio City Music who, through no fault of their own, will be ad- Reinvention Act of 1995,'' the administration Hall Rockettes on their 70th birthday, and wish versely affected by the massive downsizing of endorses requiring agencies to give their own them success as they continue enriching our the work force ordered in the Federal displaced employees and displaced employ- lives into the 21st century. Workforce Restructuring Act of 1994 (P.L. ees from other Federal agencies placement f 103±226) and increased under the recently priority over new outside hires. passed budget resolution for fiscal year 1996. The Federal Service Priority Placement Act TRIBUTE TO HERMAN O. WILEY, Recall that no plan or rationale that matched of 1995 protects the Federal Government's M.D. the number of employees to be eliminated sizable investment in personnel training and with the administration's National Performance education while accomplishing the goal of gov- HON. FRANK PALLONE, JR. Review efficiency objectives was ever offered. ernmentwide downsizing in the most orderly OF NEW JERSEY Indeed, the number kept changing, going from and humane fashion. IN THE HOUSE OF REPRESENTATIVES initially 100,000, then to 272,900, and will un- f Thursday, July 20, 1995 doubtedly go even higher under the new Con- gress, giving the downsizing the appearance RADIO CITY MUSIC HALL Mr. PALLONE. Mr. Speaker, I rise to pay of deficit reduction without efficiency goals. As ROCKETTES CELEBRATE 70TH tribute to the late Herman O. Wiley, M.D., of such, RIF's may well be inevitable in the fu- BIRTHDAY Red Bank, NJ, who passed away last month. ture, notwithstanding the widespread use of Dr. Wiley was born on June 12, 1912, in the buyouts by Federal agencies. HON. CAROLYN B. MALONEY Bronx, NY, the only son of William and Ethel The purpose of the legislation is to ensure OF NEW YORK Wiley. He was educated in the public schools that the Federal Government selects its own IN THE HOUSE OF REPRESENTATIVES of New York and was a graduate of Virginia displaced employees over outside hires when State University, where he met and married filling vacant positions. RIF'ed employees are Thursday, July 20, 1995 Maeble Harston Wiley, his devoted and loving a valuable resource of dedicated civil servants Mrs. MALONEY. Mr. Speaker, I rise today wife of 60 years. He subsequently attended in whom the Government has invested training to honor the 70th birthday of the Radio City and graduated from Howard University Medi- and knowledge. It is in the Government's best Music Hall Rockettes. Over its 70 year exist- cal School. Dr. Wiley was a veteran of World interest to take advantage of the continued ence, the Rockettes have contributed greatly War II, and served as a captain in the Medical positive contribution these employees can to the richness of culture in New York City, the Corps of the U.S. Army in Italy and North Afri- make rather than to discard the Government's country at large, and throughout the world. ca. investment and start all over with new hires. When formed in 1925, the Rockettes were A long-time resident of Red Bank, Dr. Wiley We will not achieve a government that works first known as the Missouri Rockets, Russell was elected to and served on the Red Bank better and costs less if the talents and ener- Markert's Girls, or the Roxyettes. Since 1934, Board of Education for 18 years. He was also gies the government has helped to produce the now-famous dance troop changed its active and held office in numerous civic and are not rechanneled where they are needed in name to Radio City Music Hall Rockettes and social organizations, and received many the government. The Federal Service Priority has called New York its home ever since. awards and commendations for his devoted Placement Program Act of 1995 would facili- Through the Roaring Twenties and the service to his community. Among the awards tate the placement of RIF'ed employees at Great Depression, two world wars, and were Alpha Phi Alpha Fraternity's Regional other agencies by requiring that those agen- through the social, economic, and political up- Man of the Year award, a Distinguished Serv- cies with vacant positions within RIF'ed em- heavals of the past four decades, the ice award of the Red Bank NAACP and the ployees' commuting areas offer jobs to such Rockettes have endured. For many people, Westside Ministerium, and an award as Man qualified employees first. the Rockettes have come to symbolize a part of the Year from the Kiwanis Club. He was a July 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1479 charter member of Zeta Episolon Lambda settlement to communicate and trade with an- reconsecrated their synagogue in 1833. The Chapter of Alpha Phi Alpha Fraternity and a other. They made it possible for citizens to le- entire island community, along with assistance member and past president of the Red Bank gally traverse the broad expanse of public from the worldwide Jewry, assisted in this Men's Club. He was also a member of the Na- lands in order to interact with the rest of the noble undertaking. The lovely synagogue is tional Guardsmen, Inc., and a member of the forming Nation. It is no wonder, then, that still actively used today by over 200 families H.M. Club of America. He was a member of courts have commented that revocation of RS and is the only synagogue on the island of St. the New Jersey Medical Association and the 2477 rights would make Congress' original act Thomas. Since the doors of the synagogue American Medical Association and was for- `à delusion and a cruel and empty vision.'' opened in 1833, there has always been a merly affiliated, before his retirement in 1994, Secretary Babbitt currently has pending reg- weekly Shabbat Service. Our synagogue also with Monmouth Medical Center, Long Branch, ulations that would lead to the closure of thou- has the distinction of holding the first confirma- NJ, and Riverview Medical Center, Red Bank, sands of right-of-ways across the West that tion ceremony for Jewish youth ever in the NJ. would cripple our ability to travel, engage in Western Hemisphere. This monumentous Mr. Speaker, it is a great honor for me to commerce, or access our property. My legisla- event took place on October 14, 1843. pay tribute to Dr. Wiley, a patriot who served tion will resolve these issues in a fair and eq- In 1850, the congregation numbered be- his country with distinction during a time of uitable fashion. I urge my colleagues to sup- tween 400 and 500 members and the King of war, and then came home and continued to port this measure. Denmark sanctioned and approved a constitu- serve our society in many ways; as a physi- f tion for the Kehilla community. This code of cian, a leader in community affairs and as a law governed the Jewish community, regu- devoted husband and father. He will be PERSONAL EXPLANATION lated its membership dues, and established its missed deeply by his family, friends, col- voting procedures with great precision. Mem- leagues and by our entire community. HON. STEPHEN HORN bers of the Jewish community held offices of f OF CALIFORNIA trust and honor on St. Thomas. This period of Jewish activity on St. Thomas was significant INTRODUCTORY STATEMENT ON IN THE HOUSE OF REPRESENTATIVES and can only be equaled by the present day R.S. 2477 Thursday, July 20, 1995 accomplishments. Mr. HORN. Mr. Speaker, due to the fact that Everything in the synagogue is original and HON. JAMES V. HANSEN I was unavoidably detained at a meeting and dates back to 1833. The benches, the Ark, OF UTAH missed the rollcall on the Chenowith amend- and the bima are all made of mahogany wood IN THE HOUSE OF REPRESENTATIVES ment to the Treasury appropriations bill, had I which flourished on the island, but were deci- Thursday, July 20, 1995 been present for rollcall Vote No. 532, I would mated through overuse by the lumber industry. Mr. HANSEN. Mr. Speaker, I am introducing have voted ``nay'' against the proposal which The chandeliers are from Europe. The lamps legislation that would once and for all resolve sought to prohibit use of funds to provide bo- are made of Baccarat crystal. The peripheral the issue known as RS 2477 right-of-ways nuses or any other merit-based salary in- chandeliers have since been electrified, but across Federal lands. RS 2477 right-of-ways crease for any employee of the Bureau of Al- the central ones are still lit by candles on im- provide the rural West access across the ex- cohol, Tobacco and Firearms. portant holidays. The walls are specially de- panses of Federal lands in the West. For 110 f signed to be hurricane proof, as are the win- years, counties, cities, States, and individuals dows. They allow for the free passage of air RECOGNITION OF THE 200TH ANNI- were allowed to establish necessary right-of- while blunting the force. The stones are locally VERSARY OF THE HEBREW CON- ways across Federal lands to provide travel quarried, but the bricks come from Europe. GREGATION LOCATED IN ST. routes between towns, to schools and to The huge sailing ships that arrived from Spain, THOMAS, VI homes. In 1976, Congress terminated this Portugal, England, Holland, and Denmark had ability to establish new right-of-ways but failed relatively little to sell in the Virgin Islands, and to provide the mechanism to adjudicate the HON. VICTOR O. FRAZER so, filled the hulls of the ships with bricks to established routes. My legislation is a reason- OF THE VIRGIN ISLANDS be used as ballast. Once they arrived in the able and efficient way to resolve the thou- IN THE HOUSE OF REPRESENTATIVES islands, the bricks were unloaded and used for local building needs while the ships took back sands of RS 2477 right-of-way claims that Thursday, July 20, 1995 exist in the West. to Europe the locally produced rum and sugar. In 1866, Congress promoted the settlement Mr. FRAZER. Mr. Speaker, on behalf of the The cement that holds the bricks together is a and use of western lands be enacting R.S. people of the U.S. Virgin Islands, I would like mortar made from sand, limestone, and mo- 2477, a self-executing, open-ended grant of to share with the Members of this body, and lasses. It is said that in earlier years, children right-of-ways across public lands. The grant the people of this country, a distinction of used to lick the walls of the synagogue to acted as an offer. Where the public accepted which we are proud but a fact that is little taste the sweet molasses. The four pillars that the offer, property rights became vested in the known to most of our fellow Americans, name- support the building symbolize the four matri- holder. The rights were severed from the pub- ly that the Hebrew Congregation of St. Thom- archs in Judaism; they are Sarah, Rachel, Re- lic domain and are entitled to the same protec- as, VI proudly boasts that it is the oldest syna- becca, and Leah. These pillars, like those at tion as any other property that is not owned by gogue building in continuous use under the the entrance to the building, were handmade the Federal Government. American flag. in Denmark from rounded bricks especially for RS 2477 simply states: In 1976, a small Jewish community of St. the synagogue. And be it further enacted, That the right of Thomas founded the congregation and called Another unusual feature of the synagogue is way for the construction of highways over it Blessing and Peace. Comprised of only nine the sand floor. Legend tells us that it is sym- public lands, not reserved for public uses, is families in 1801, the congregation increased to bolic of the desert through which Moses and hereby granted. 22 with the arrival of Jewish settlers from Eng- the children of Israel wandered for 40 years. While the language of the grant and the leg- land, France, St. Eustatius, and Curacao in The more acceptable explanation had to do islative history accompanying the grant may 1803. In 1804, the small synagogue was de- with the fact that this was originally a Sephar- be sparse, the purpose of the grant is not in stroyed by fire and was not replaced until dic orthodox community. During the Spanish doubt. As Senator Steward stated, ``The min- 1812. This thriving congregation continued to Inquisition, when Catholic Spain persecuted all eral lands must remain open and free to ex- grow, and in 1823 the building was dismantled other religions and forcibly converted them to ploration and development. * * * It would be and a larger one erected and renamed ``Bless- Catholism, the Jews were forced to practice a national calamity to adopt any system that ing and Peace and Loving Deeds,'' the He- their religion in the privacy of their home. This would close that region to the prospector.'' brew name it carries to this day. This structure was an offense punishable by death. Since re- The grant was a crucial element of Congress' was built in the city of Charlotte Amalie on one ligious worship had to be performed in se- scheme to settle the public lands of the West. of the city's historical landmarks known as crecy, they met in cellars and used sand on Access rights were needed across the vast Synagogue Hill; it is here the current syna- the floor to muffle the sound of their prayers. Federal domain to accommodate Congress' gogue stands. Our beautiful synagogue is a gem in the goals of economic progress in the West. RS In 1831, the congregation, which by now midst of the Caribbean. Visitors of all faiths 2477 helped achieve those goals. numbered 64 families, witnessed a citywide experience wonder and awe when standing In short, the West grew up around these fire which destroyed the synagogue. This dedi- within its simple and stately interior. On behalf right-of-ways. They made it possible for one cated and closely knit congregation rebuilt and of the Hebrew congregation of St. Thomas E 1480 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 1995 and the people of the Virgin Islands, I invite erners. If you're a taxpayer living in Boise or [From the San Francisco Examiner and you, Mr. Speaker, my colleagues, and my fel- Billings, or Salt Lake, or Seattle, you're every Chronicle, July 16, 1995] low Americans to visit this treasure in the bit as outraged as the hundreds of millions of WHACKED OUT ON WACO—THE ONLY CONSPIR- American paradise, and join us in celebrating dollars with which we subsidize grazers, or ACY HOUSE REPUBLICANS WILL FIND IN the bicentennial of this national treasure. irrigators, or mining companies. People are HEARINGS ON THE BRANCH DAVIDIAN SIEGE IS THEIR OWN: TO GET THE PRESIDENT f moving to these Western areas because they treasure the land and want it preserved, not If you believe this week’s hearings into the 1993 Waco disaster will ferret out the truth, WESTERN PAPERS DECRY opened up, blown up and peeled back in the ATTACKS ON RESOURCE AGENTS you might as well join the National Rifle As- relentless search for private profit. sociation, become a survivalist and move to I want to insert into the RECORD a recent Montana. HON. GEORGE MILLER editorial from the Seattle Times-Intelligencer, a The hearings, called by House Republicans OF CALIFORNIA distinguished Western newspaper, that speaks to investigate the siege of the Branch IN THE HOUSE OF REPRESENTATIVES eloquently to these issues. I am also including Davidian compound and its conclusion by an editorial from the San Francisco Examiner holocaust, aren’t about law enforcement. Thursday, July 20, 1995 They’re about politics. and Chronicle that speaks to the obsession of They seek to embarrass President Clinton Mr. MILLER of California. Mr. Speaker, we the Republican leadership with the Waco are all familiar with the rhetoric of the special and butter up those increasingly visible radi- shootout but its seeming indifference to the cal right wingers who believe in the black interests who benefit from public resourcesÐ threats to public officials. helicopters and buy into the theory that mining companies, subsidized irrigators, tim- [From the Seattle Post Intelligencer] maintenance marks on Indiana road signs ber companies, coal companies. We hear the are really secret codes for invading United same inflated rhetoric from the leaders of the RISING TO THE DEFENSE OF FEDERAL LAND Nations troops. media, county rights, property rights, and AGENTS It’s really too bad the Rev. Jim Jones isn’t Western movements: A member of Congress finally has stood up around to tell the House ‘‘probers’’ how he was harassed by government agents and The government is threatening our prop- to defend federal land managers in the West forced to dispense poisoned Flavor-Aid to erty; the government is controlling our land; who have been under attack from extremists more than 900 of his followers in the Guya- the government is conspiring to take away who imagine that they are above the law. nese jungle. Just like David Koresh, Jones our liberties. Rep. George Miller, D-Calif. has called for Congress to examine what can be done about oozed phony charisma, stockpiled weapons And, moreover, we are told that these alleg- the rising tide of violence against govern- and kept his enslaved and soon-to-be-slaugh- edly anti-Western actions are promoted by ment officials who are discharging their tered followers, including children, in brain- Eastern elites who just don't understand the legal duties. He rightly chastised Western washed thrall. Western way of life. congressional colleagues who carelessly ‘‘le- The truth about Jonestown is that Jim The fact is that vigorous defense of our pub- gitimize’’ their paranoid fringe constitu- Jones was a mass murderer. lic resource and environmental protection laws encies. The truth about Waco is that Koresh was a Violence toward and intimidation of fed- mass murderer. He gave the orders to start is spread throughout the West and the South- shooting when federal agents showed up in west just as it is through every other region of eral officials is simply unacceptable, and no member of Congress should be in the busi- February 1993, resulting in a bloodbath. And the country. People in Utah and Montana, ness of appearing to indulge it. he gave the orders to incinerate four score of California and Oregon, Idaho and Arizona are Officials of the Forest Service, Fish and his followers 51 days later when agents start- just as outraged by our giving away of billions Wildlife Service, Bureau of Land Manage- ed to knock down the walls of his hypocrisy. of dollars to international mining corporations ment and National Park Service all report The feds made serious mistakes—but they as people in New York and Florida. They are instances of violent acts and threats against were acting at all times to save lives, not just as angered by the billions we waste on their employees. The BLM has been bombed snuff them out. After the final raid, Attor- in Nevada, and guns have been drawn on na- ney General Janet Reno became a folk here subsidized forest practices or irrigation sub- because she shouldered the blame. But she sidies. tional park rangers and fish and wildlife agents, Miller said. relied on bad information: There was no evi- The so-called Western voices we hear, in dence children were being abused inside the Miller said the Western lawmakers most many cases, are the voices of anti-govern- compound. A September 1993 Treasury De- guilty of providing a small group of extrem- partment report—thicker than the San Fran- ment extremists and the free-enterprise spout- ists ‘‘the political space to continue the at- cisco telephone white pages—details the bad ing but publicly subsidized corporations that tacks’’ are Sen. Larry Craig, R-Idaho, who decisions. Heads rolled, and policies changed. are conspiring to destroy sound management recently advocated taking guns away from Preoccupied with elections and its ‘‘Con- practices. law officers on federal lands; Rep. Helen tract With America,’’ the GOP couldn’t get No aspect of the extremist assault on the Chenoweth, R-Idaho, for stating that citizens to oversight until now. The grotesque irony have good reason ‘‘to be afraid of their gov- environment is more outrageous than the is that these congressional hearings take ernment,’’ and Rep. Barbara Vucanovich, R- growing threats, intimidations and assaults on place when the terror of the Oklahoma City Nev., who suggested that federal officials can law enforcement officials who defend public bombing is still in people’s bones. How can avoid having guns drawn on them by ‘‘exhib- House Republicans skip over the murder of resources and the people who use them. This iting sensitivity.’’ House just voted to cut law enforcement funds 168 innocent Americans in order to dredge up All of those lawmakers ought to know bet- ghosts of Waco? for the Bureau of Land Management, on ter. They deserve condemnation, not to men- whose lands more than 12,000 crimes oc- Politics conquers all. tion a generous dose of ridicule, for their ir- Incidentally, David Koresh is not the opti- curred last year. We have been unable to se- responsible statements. mal Republican poster boy. cure formal hearings in the Judiciary and Re- Miller also found fault with House Speaker The hearings we need would inquire into sources Committees on the issues of militias Newt Gingrich’s fulsome remark that ‘‘The real enemies: the paramilitary groups of dis- and attacks on Federal law enforcement offi- thing Easterners ought to understand . . . is illusioned, disaffected souls who pose a cials. So, the attacks go on, the threats go on, that there is across the West a genuine sense threat to American values and lives. The and the Republican leadership of the Con- of fear of the federal government. This is not Oklahoma City bombers—perhaps acting to an extremist position in much of the West.’’ gress turns a deaf earÐor worseÐto this ‘‘avenge’’ Waco—demonstrated the danger. We beg to differ, Mr. Speaker. If there is Law-abiding citizens are, and ought to be, scandalous behavior. any genuine sense of fear across the West, Now, Mr. Speaker, the fact is that people in scared stiff of these gunslinging conspiracy it’s a fear of lawless lunatics, not of the duly nuts. the West do not share the extremist analysis sworn agents of representative democracy. In a sense, the Waco hearings provide cover or the extremist agenda. As usual, it is a tiny ‘‘Will the speaker next rise with words of for a new-found right to hate government. fraction of people who, for whatever misguided sympathy for the ‘genuine fear’ felt by the The motto becomes: ‘‘Don’t tread on me—or reason, have decided that the government is Bloods and the Crips, by the Aryan Nation I’ll blow you up,’’ Great stuff to stamp with the enemy. Large numbers of Western Mem- and by the Ku Klux Klan?’’ Rep. Patricia a congressional seal. bers of the House have joined us in passing Schroeder, D-Colo., asked in a floor speech. Congress isn’t famous for consistency. Still legislation to protect the environment and to It is indeed ‘‘irrational,’’ as Miller con- for budget whackers, this bunch sure can tends, to suggest that the federal govern- spend the bucks on show hearings. reform resource policy as recently as last ment should retreat from its duties because Instead of this ox goring—if we must in- year. of the paranoid delusions of a few frustrated dulge the inbred cousins of James Watt who The reason is that westerners don't like to citizens who fantasize that fish and wildlife wind up in Congress—let’s throw a big, old- see their lands desecrated or their resources agents are the vanguard of a tyrannical New fashioned ox roast. Guests can eat the beast, exploited any more than southerners or east- World Order. chug Coors beer, listen to Pat Boone, snip a July 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1481 little barbed wire, shoot targets in the head The Fourth of July overwhelms us all with officials still has not found the murderers of and maybe do a little strip mining. Every- the number of displayed and waved American journalist Dmitri Kholodov of Komsomolskahya body goes home fat and happy instead of hot flags. As with speech, the best way to over- Pravda, who was killed by a package bomb to put a bullet through the first federal come the ugly variety is with more and more agent they run across. beautiful speech, along with a common rejec- while he was in the final stages of an inves- Consider it Wise Use. tion of the ugly speaker and his words. When tigation into corruption in the military. There are real issues of unsolved crimesÐreal f a flag is burned, it is the protester, not the flag, who is demeaned. He reveals his base in- crimesÐwhich the Prosecutor General could BANNING FLAG BURNING; gratitude when he burns a symbol of a na- deal with. Why undertake proceedings against ‘‘EXTINGUISHING LIBERTY’’ tion great enough even to allow him to in- the producers of a television program? dulge in moronic behavior. The answer to that question, Mr. Speaker, is Banning flag burning will increase the that this criminal proceeding is only a small HON. JOSE´ E. SERRANO probability flags will be burned. Allowing it removes the political stinger. part of a much larger effort to intimidate the OF NEW YORK media and to bring the independent television IN THE HOUSE OF REPRESENTATIVES f and other media into line, particularly since Thursday, July 20, 1995 FREEDOM OF THE PRESS IN RUS- parliamentary elections in Russia are sched- Mr. SERRANO. Mr. Speaker, unaccustomed SIA—AN ISSUE OF HIGHEST PRI- uled for this December and Presidential elec- as I am to quoting Cal Thomas, I would like ORITY tions are to follow 6 months later. The inde- to share his column on amending the U.S. pendent television station NTV, which is being Constitution to allow prohibitions on burning HON. TOM LANTOS charged for its irreverent puppet-treatment of the American flag with my colleagues. The ar- OF CALIFORNIA the Russian leaders, has also been particu- ticle, from the May 6 issue of World magazine, IN THE HOUSE OF REPRESENTATIVES larly hard-hitting in its coverage of the government's military actions in Chechnya. The sta- follows: Thursday, July 20, 1995 EXTINGUISHING LIBERTY tion recently broadcast an interview with the Mr. LANTOS. Mr. Speaker, I rise to call the Watching the Fourth of July festivities in leader of the group of Chechen guerrillas who Washington (and around the country on tele- attention of my colleagues to an incident that held more than a thousand Russians hostage vision) showed the depth of love most Ameri- took place in Russia in the last few daysÐan in southern Russia last month. Criminal cans have for this country. That is why a incident that raises serious questions about charges are also pending against NTV for constitutional amendment to ban the burn- freedom of the press and also about the future broadcasting that interview. ing of the American flag is so silly, stupid of democracy in Russia. NTV, the only major The effort of government agencies to intimi- and unnecessary. independent television network in Russia, date the media in Russia is a serious chal- No one forced the millions of people wav- broadcasts a political satire program in which lenge to efforts to institutionalize democracy. ing flags—who respect and honor the repub- puppets are easily recognizable caricatures of Freedom of the press and the right of free ex- lic for which it stands—to love America. They exhibited a spontaneity no law can im- leading Russian political figures. The program pression are the most fundamental of the pose. When the House last month passed a satirizes public figures. The programÐcalled rights of any democratic society. Freedom of constitutional amendment that would, ``Kukly'' (``Puppets'')Ðis similar to programs speech is absolutely essential if democracy is should the Senate and states concur, outlaw that are broadcast in Britain, France, Hungary, to exist, and without it, true democracy cannot flag burning, it continued a game politicians and a number of other countries. exist. Russia does not have a tradition of an have been playing with public school prayer. After a recent show, however, the Russian independent and free and open media; there- The rules of the game are that the social Prosecutor General brought criminal charges fore, this effort at intimidation is intended as a problems confronting America can be fixed against the producers of the show on the warning to journalists throughout the country. from the top—a kind of ‘‘trickle-down’’ mo- grounds that the country's leading public fig- rality. Mr. Speaker, it is essential that we in the Politicians love this because they have ures were victims of `à conscious and public Congress of the United States affirm our con- done much to promote such a view, which humiliation of their honor and dignity, ex- cern and interest in freedom of expression and advances their careers and preserves their pressed in an indecent way.'' If that standard an unfettered independent media in Russia. jobs. Many others hold this belief because it were observed in the United States, David With our distinguished colleague, the chairman absolves them of responsibility for fixing Letterman, Jay Leno, a host of radio talk show of the International Relations Committee, Con- what is wrong with their own priorities and hosts, and any other number of television and gressman BEN GILMAN of New York, I am transfers it to government. And when gov- movie producers would have been slapped today introducing legislation that expresses ernment increasingly reveals its inability to into prison long ago. In a democracy, one of repair social damage, we blame not ourselves the strong concern of the Congress that free- but government and politicians, deepening the consequences of a free press and freedom of expression and freedom of the press the cynicism against institutions and those dom of expression is that public figures are be protected and guaranteed in Russia. who work in them. subject to public scrutiny by both responsible Mr. Speaker, I invite my colleagues in the There hasn’t been a lot of flag burning and irresponsible media. It is not pleasant to Congress to join us in cosponsoring this im- since the Vietnam War. Sen. Howell Heflin be inaccurately or derisively treated by the portant affirmation of our concern for freedom (D-Ala.) says that’s why now, with the heat media, but I dare say that most of my col- of expression in Russia. Our Nation has a of passion reduced, is the best time to ban it. leagues have some experience in this regard. strong interest in the positive and democratic But any time is a bad time for such a ban. The action of the Prosecutor General in First, what constitutes a ‘‘flag’’? Is it only development of Russia, and freedom of the the cloth that waves from a flagpole or can Moscow, however, raises the most serious press is essential to that process. There it be one that is stapled to a wooden stick? and the most fundamental questions about de- should be no question about our commitment Is the reproduction of the Stars and Stripes mocracy in Russia and about future develop- to that vital principle. on a napkin, patch, or coffee cup considered ments there. Initiating criminal proceedings The text of our resolution is as follows: a flag? Some flags are made in Taiwan or in against the producers of a political satire pup- HOUSE CONCURRENT RESOLUTION 84 other nations. Would they count as Amer- pet program may be the source of witty head- A resolution expressing the sense of the ican flags? I saw a chair upholstered in a lines in the pressÐthe Washington Post head- Congress concerning freedom of the press in flag. If the chair was thrown on a bonfire lined its story yesterday ``Satirists Skewer Russia. during a protest rally, would that violate the Russian `Puppet' Government''Ðbut the mat- Whereas the end of the Cold War and the proposed constitutional amendment? And collapse of the Soviet Union has brought new why is burning being singled out for prohibi- ter is extremely serious. and unique opportunities for democratic po- tion? What about stomping, spitting or pour- The prosecution of these criminal charges, litical change and market-oriented economic ing paint on the flag? however, is suspect on its face. Why is the reform in Russia; Those who would ban flag burning have Prosecutor General focusing his attention on Whereas, the commitment to the spirit of placed the American flag in a category and supposedly criminal actions on a political sat- these democratic reforms and to the full im- context that is idolatrous. Idolatry is defined ire television program? There are far more se- plementation of these reforms has been ten- as ‘‘the worship of a physical object as a god; rious crimesÐreal crimesÐwhich do not seem tative and inconclusive thus far; immoderate attachment or devotion to Whereas one of the fundamental tenets of something.’’ While we don’t worship or de- to attract the attention of the prosecutor. The democracy and one of the most important vote ourselves to the flag as we might be a suspicious murder of the popular Russian tele- means of assuring the continuation of demo- religious symbol or being, the attachment vision journalist Vladimir Listeyev of Ostankino cratic government is an independent and free some would force on the rest of us comes TV remains unsolved after nearly a year. Fur- press, which can exist only in an environ- pretty close to resembling that definition. thermore, the prosecutor and law enforcement ment that is free of state control of the E 1482 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 1995 media and the absence of any form of state INS CHECKPOINTS Del Norte High School, Jean Yates, 7405 El censorship or official coercion of any kind Morro NE, Albuquerque, NM 87109. and is protected by the rule of law; Eldorado High School, Luke Wittenburg, Whereas freedom of the press and freedom HON. RON PACKARD 10100 Modesto, Albuquerque, NM 87122. of expression in Russia today is being threat- OF CALIFORNIA Estancia High School, Mary Perea, PO Box ened by some forces within the Russian gov- IN THE HOUSE OF REPRESENTATIVES 18, Torreon, NM 87061. ernment, particularly since the dramatic re- Evangel Christian Academy, Leah Hender- porting of the war in Chechnya; Thursday, July 20, 1995 son, 7317 Appomahon Pl. NE, Albuquerque, Whereas there have been reports in the Mr. PACKARD. Mr. Speaker, I would like to NM 87109. Russian press, including the official press, of share with my colleagues the concerns of Freedom High School, Kamila Szewcayk, efforts to establish a government committee 8205 Trumbull SE, Apt. G, Albuquerque, NM Richard and Anne Hicks of Laguna Niguel, 87108. that would impose censorship on the press in constituents from my district. In a letter to me, Russia; Highland High School, Lisa Smith, 1012 Whereas there have been persistent reports they expressed their frustration with the Immi- Parkland Place SE, Albuquerque, NM 87108. regarding the possible issuance of govern- gration and Naturalization Service [INS] inland Hope Christian School, Vivian Lee ment decrees that would undermine or com- border checkpoints in California. Closing the Sisneros, 4506 Dusty Trail Ct., Albuquerque, promise the independence of privately-owned inland check points and reallocating these re- NM 87120. television stations and other media enter- sources to the California border is cost effec- La Cueva High School, Jamie Mahan, 12090 prises which have provided factual reporting tive and efficient. I have the same concerns as Roma Ave. NE., Albuquerque, NM 87123. on the war in Chechnya or which have edito- Los Lunas High School, Emily Williams, 09 Mr. and Mrs. Hicks and I would like to share Blueberry Lane, Los Lunas, NM 87031. rialized against Russian military action in their comments with you. Chechnya; Manzano High School, Joshua Stephenson, Whereas there has been recent evidence of Today on our way to/from San Diego from 12238 Kinley NE, Albuquerque, NM 87123. Menaul School, Rose Allyson Abeyta, 3617 government involvement in actions against Laguna Niguel—we were disgusted while ob- San Pedro NE, Albuquerque, NM 87110. independent television outlets and those who serving the huge traffic back-up surrounding Moriarty High School, Julie Ann Johnson, use or finance such businesses, including a the San Clemente outpost. This is a low pay- 44 Apple Ranch, Tijeras, NM 87059. widely-reported assault on the office of the off investigation as it is 60 miles north of the Allison Fitzpatrick, PO Box 334, Sandia Most Group, which owns NTV and other border. We resent this intrusion especially Park, NM 87047. media outlets, and, furthermore, allegations when it deters transportation on our busy Southern California freeways, and uses the Mountainair High School, Shawna of the involvement of presidential security Shovelin, PO Box 183, Mountainair, NM forces in that assault have never been de- ‘needle in the hay stack’ method of immigration control. 87036. nied; New Futures School, Berenice Lopez, 6109 Whereas the latest effort to intimidate the Mr. Speaker, I support controlling illegal im- Dennison SW, Albuquerque, NM 87102. press involves the launching of a criminal in- migration. My constituents understand first Rio Grande High School, Jason Hunter, 221 vestigation by the Prosecutor General hand, just how ineffective inland checkpoints Rossmoon Road SW, Albuquerque, NM 87102. against the largest private television net- are. School on Wheels High School, Yvette Gar- work, NTV, and threatening action against Effective and efficient control starts at the cia, 432 Merlida SW, Albuquerque, NM 87121. the producers of a political satire program in St. Paul X High School, Catherine A. which puppets are used to caricature promi- borders themselves, not 60 miles north. I attached an amendment to the 1996 Commerce, Csepregi, 908 Sierra SE, Albuquerque, NM nent Russian officials and personalities; 87108. Whereas the suspicious murder of popular Justice, State bill to move scarce resources Sandia High School, Meredith Ford, 7228 television journalist Vladimir Listeyev of from the checkpoints to the border. In order to Vivian Dr. NE, Albuquerque, NM 87109. Ostankino TV remains unsolved after nearly stop illegal immigrants in their tracks, we need Sandia Preparatory School, Rebecca one year; to plug up the sourceÐthe California-Mexico Debenport, 2224 Dietz Place NW, Albuquer- Whereas the assassination of journalist border. que, NM 87107. Dmitri Kholodov of Komsomolskaya Pravda, Valley High School, Antonio E. Jaramillo, who was killed by a package bomb while he f 3103 9th Street NW, Albuquerque, NM 87107. was in the final stages of an investigation OUTSTANDING HIGH SCHOOL SEN- West Mesa High School, Nicole J. Abeyta, into corruption in the military, also remains 3016 Corona NW, Albuquerque, NM 87120. IORS FROM THE FIRST CON- unsolved; f Whereas journalists in Russia, including GRESSIONAL DISTRICT OF NEW both foreign and domestic journalists, have MEXICO HONORING CHIEF JOSEPH ROWLEY faced harassment, risked arrest, had equipment confiscated, been beaten and even murdered as a result of their efforts to report ob- HON. STEVEN SCHIFF HON. ROSA L. DeLAURO jectively regarding events in Chechnya; and OF NEW MEXICO OF CONNECTICUT Whereas a free and independent informa- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tion media is essential to the conduct of free, Thursday, July 20, 1995 open, fair and democratic elections which Thursday, July 20, 1995 are scheduled later this year in Russia; now Mr. SCHIFF. Mr. Speaker, the following Ms. DELAURO. Mr. Speaker, today it is my therefore be it graduating high school students from the First pleasure to honor a distinguished citizen from Resolved by the House of Representatives (the Congressional District of New Mexico have my district, Chief of Police Joseph Rowley. Senate concurring), That it is the sense of the been awarded the Congressional Certificate of After 36 years of exemplary service, Chief Congress that Merit. These students have excelled during (1) A free press is vital to the development Rowley retired on July 14 from the Orange and consolidation of democracy in Russia; their academic careers and proven themselves Police Department. (2) Freedom of the press and freedom of ex- to be exceptional students and leaders with Chief Rowley had dedicated his life to serv- pression must be safeguarded against those their scholastic achievements, community ing his country and his community. After serv- forces who would suppress or censor these es- service, and participation in school and civic ing honorably in the U.S. Air Force, he joined sential fundamental democratic rights; activities. It is my pleasure to be able to rec- the Orange Police Department as an officer in (3) To protect freedom of the press and ognize these outstanding students for their ac- 1959. Time after time, he distinguished himself freedom of expression, the right and oppor- complishments. I, along with their parents, with his hard work and commitment to en- tunity of independent entrepreneurs to es- their teachers, their classmates, and the peo- tablish, operate, and maintain independent hancing public safety. During his years of media outlets must be protected and safe- ple of New Mexico, am proud of them. service to the Orange Police Department, he guarded; CERTIFICATE OF MERIT AWARD WINNERS, 1995 received three letters of commendation and (4) Russian government leaders, including Albuquerque Evening High School, George one letter of recognition for his performance in the President, the Prime Minister, and Mem- Strimbu, 3200 Central SE, Albuquerque, NM various criminal cases. One of the most nota- bers of the Russian Duma, should fully sup- 87106. ble awards was a letter of commendation for port freedom of the press and the right of Albuquerque High School, Eva Dubuisson, his leadership of the investigation and convic- free expression in Russia; and 3025 Delano Place NE, Albuquerque, NM tion of two murderers. (5) The President and the Secretary of 87106. State are requested to convey to appropriate Bernalillo High School, Jessica Marie His ability to lead earned him numerous pro- Russian government officials, including the Archibeque, PO Box 675, Bernalillo, NM motions, culminating in his being named chief President, the Prime Minister, and the Min- 87004. of police in 1990. As chief, he has served with ister of Foreign Affairs, this expression of Cibola High School, Aaron Olson, 6371 distinction for the past 5 years. Indeed, Chief the views of the Congress. Sandpiper Trail, Rio Rancho, NM 87124. Rowley is well known to Orange residents for July 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1483 his outstanding courage and dedication to the global marketplace, they have turned more I have asked my colleagues to temper sug- crime fighting. His efforts have truly made the and more to employee involvement to moti- gested legislative language. I have tried to be town of Orange a better and safer place to vate their work force and improve productivity. responsive while promoting legitimate em- live. I know his wife, Jacqueline, and his three Employee involvement consists of a structure ployee involvement in nonunion settings. children take great pride in Chief Rowley's ex- in which employees and managers seek joint The Economic and Educational Opportuni- emplary record. solutions to workplace problems through co- ties Committee has responded as well. When Mr. Speaker, I am proud to salute the lead- operation. Employees and employers alike many in organized labor believed that the ership and selfless service displayed by Chief agree that involving employees in workplace TEAM Act would allow employers to bypass Rowley during his 36 years with the Orange decisionmaking has several positive effects, existing unions, Representative TOM PETRI of- Police Department. I join his friends and col- including giving employers a greater voice in fered, and the committee accepted, an leagues, who are honoring him on this workplace decisions and increasing productiv- amendment to make clear that employers can- evening of July 20 at the Racebrook Country ity. not circumvent existing unions when starting Club, in wishing him a long and happy retire- I have advocated employee involvement in employee involvement programs. The compa- ment. all types of workplaces for over 4 years. How- nies must receive agreement from the union. f ever, this management approach is only legal The committee has also entertained other pos- in unionized workplaces under current law. sibilities for improvement suggested by our PERSONAL EXPLANATION Section 8(a)(2) of the National Labor Relations Democratic colleagues. But organized labor Act makes employee involvement in nonunion continues to argue the TEAM Act is explicitly HON. J. DENNIS HASTERT settings illegal. It is an ultimate irony that in antilabor. OF ILLINOIS nonunionized companies, the employer can I would hope that companies and organiza- IN THE HOUSE OF REPRESENTATIVES dictate the safety clothing employees wear tions that have joined the TEAM Coalition would resist pressure tactics such as the one Thursday, July 20, 1995 and even the type of food in the cafeteria, but employers and employees cannot address raised by the IAMAW. Congressional action Mr. HASTERT. Mr. Speaker, on the after- these issues and arrive at a consensus. This should be premised on honest debate over noon of July 12, 1995, I was unavoidably de- restriction may have made sense in 1935, but legislation. All interested parties should under- tained. Had I been present, I would have in 1995, when 88 percent of the work force is take vigorous and open debate on the merits voted: not unionized, it should no longer apply. As of this legislation and let the chips fall where ``Yea'' on rollcall vote No. 494, final passage the recent study by Princeton Survey Re- they may. But if pressure is applied to squelch of H.R. 1905, a bill making appropriations for search Associates shows, workers of all one view, then the debate becomes a game of energy and water development for fiscal year stripes prefer cooperation 3 to 1 over unions. underhanded tricks. Employer-employee co- ending September 30, 1996. In January, I introduced the Teamwork for operation is very effective in union settings. Please place my statement in the appro- Employees and Managers [TEAM] Act along Because a competitive work force is vital to priate section of the permanent RECORD. with BILL GOODLING, Chairman of the Eco- U.S. economic success, we should at least in- f nomic and Educational Opportunities Commit- vestigate the merits of applying meaningful co- tee, and HARRIS FAWELL, Chairman of the operation to the nonunion work force as well. HONORING THE SOUTH FLORIDA f FOOD RECOVERY FOR CHRIST- Subcommittee on Employer-Employee Rela- MAS IN JULY tions. The bill makes a technical change to THE MERCER COUNTY FLOOD section 8(a)(2) to allow employee involvement RELIEF EFFORT in nonunion settings. The TEAM Act does not HON. CARRIE P. MEEK seek to eviscerate the representational role of OF FLORIDA HON. NICK J. RAHALL II unions, but to give nonunion employees the OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES same ability to communicate with manage- IN THE HOUSE OF REPRESENTATIVES Thursday, July 20, 1995 ment as unionized employees. The business Thursday, July 20, 1995 Mrs. MEEK of Florida. Mr. Speaker, on July community has supported this bill through the 4, 1995, South Florida Food Recovery cele- TEAM Coalition, a group of many different em- Mr. RAHALL. Mr. Speaker, I rise today to brated our Nation's independence in unique ployers and associations. bring to your attention the outstanding coali- fashion. A nonprofit organization which regu- About a week ago, the International Asso- tion of organizations which has been the back- larly provides food to our area's needy, South ciation of Machinists and Aerospace Workers bone of the relief effort to alleviate the effects Florida Food Recovery provided joy to over [IAMAW] sent a letter to several companies of the severe flooding in West Virginia's Mer- 1,200 underprivileged children by sponsoring that are TEAM Coalition members and whose cer, Mineral and Nicholas Counties. Mercer their first annual Christmas in July celebration. employees the union represents. The letter County, which is in my district, was the hard- Having begun the collection on Christmas uses thinly veiled language to threaten ongo- est hit by the floods. Instrumental in aiding the Day 1994, over 4,000 toys were distributed to ing employee involvement programs between people of Mercer County carry out the ardu- children on the day of the vent. Two fully- the company and the union unless the com- ous task of rebuilding and cleaning up has decorated Christmas trees served as the pany leaves the TEAM Coalition. I find such been, the Red Cross, the West Virginia Na- backdrop while volunteers dressed as Santa implicit threats appalling, contrary to the spirit tional Guard, and a number of local volunteer Claus handed out cookies, candy-canes, and of employer-employee cooperation, and det- fire departments and rescue squads. other treats. The morning was truly heart- rimental to workplace harmony. Mr. Speaker, resident's homes, businesses, warming for all who participated. Instead of promoting employee involvement schools, and roads have been devastated by South Florida Food Recovery has dem- for all workers, one organization has threat- the high waters. Fortunately, no lives were onstrated that the Christmas spirit can be felt ened to end it for those workers who can le- lost. Sifting through the mud and debris, many throughout the year. That they held Christmas gitimately cooperate with employers in the have struggled to find the scattered remains of in July in conjunction with Independence Day workplace. This raises opposition to a new personal belongings and are in a sense of makes their efforts even more special. What a level of absurdity. It makes no sense for the helplessness when assessing the structural wonderful way for Americans to join for a July IAMAW to threaten the very programs that the damage to their homes. The businesses which 4th celebration. union has helped and has itself sanctioned, in the residents depend on so dearly for jobs and services have suffered heavy damages. There f the only legal type of employee involvement available today. This action is truly antiworker has been damage to city halls, police depart- LET’S DEBATE THE TEAM ACT ON because it only affects union members. These ments, hospitals, and other institutions vital to ITS MERITS are the very programs that are empowering the surrounding communities. Schools have workers and providing them more control over also fallen victim to the indiscriminate wrath of HON. STEVE GUNDERSON their job, and over the direction of the com- the flood waters. Thirteen bridges have given OF WISCONSIN pany. I wonder what the reaction of line work- way to the mighty waters, and chunks of pave- IN THE HOUSE OF REPRESENTATIVES ers would be to this tactic. ment have been severed from the roads. The Throughout the debate on the TEAM Act, I total amount of damage is estimated to run in Thursday, July 20, 1995 have tried very hard to promote the TEAM Act excess of $7 million. Now, the citizens of Mer- Mr. GUNDERSON. Mr. Speaker, as U.S. as a proworker initiative that expands legal cer County face the challenge of rebuilding manufacturers have reorganized to compete in employee involvement without being antiunion. their lives. E 1484 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 1995 The Red Cross in Mercer County, under the TWENTY-FIRST ANNIVERSARY OF ago. It is a shame that a country that was direction of Warren Zorek, has been at the THE TURKISH OCCUPATION OF founded with such promise and vision has de- forefront of the relief effort. The special teams CYPRUS teriorated into a land torn by faction. and volunteers sent into the area have proven The tiny Island of Cyprus gained its inde- invaluable to the residents of Mercer County's HON. JOSEPH P. KENNEDY II pendence from Great Britain in 1960. The Cypriots are divided along ethnic lines with 76 hardest hit localities, providing food, clothing, OF MASSACHUSETTS percent of the citizens of Greek origin and 19 and shelter to displaced and distressed fami- IN THE HOUSE OF REPRESENTATIVES percent of Turkish origin. To take into account lies and individuals. The men and women of Thursday, July 20, 1995 this ethnic division, the first provision of the the Red Cross are currently continuing their Cyprus constitution required a Greek Cypriot efforts to get the disabled communities back Mr. KENNEDY of Massachusetts. Mr. Speaker, I had hoped that this would not be President and a Turkish Cypriot Vice Presi- on their feet and moving again. necessary. Yet here we are again, observing dent. Upon independence, the United States Upon visiting the afflicted areas, Maj. Gen. yet another anniversary of this awful tragedyÐ praised the new country for its `èffort to create Joseph Skaff, Adjutant General of the West the occupation of Cyprus by Turkish forces. a new state based on the cooperation of dif- Virginia National Guard, announced that he The whole world recognizes the injustice of ferent ethnic communities.'' would send personnel and equipment to help the situation: However, peace on the Island of Cyprus in the restoration of Mercer County. A total of The United Nations has adopted a Security lasted only until 1963 when President 16 members, 4 dump trucks, and 4 all-terrain Council Resolution calling for a settlement that Makarios proposed constitutional revisions that vehicles were dispatched to the area to aid in respects the sovereignty of Cyprus. strengthened the Greek majority. The strenu- ous relationship deteriorated until 1974 when the removal of debris. The Guard's assign- The European Union has taken steps to in- Greek hardliners supported a coup of Presi- ments were coordinated with the local civilian clude Cyprus as a member state. Greece is dent Makarios. In response to these threaten- authorities. They have tremendously eased cooperating in the process by lifting its veto against Turkey's customs union with the EU. ing acts, the Turkish Government sent troops the burden on the residents, who have ex- into Cyprus and seized control of a significant pressed their sincere gratitude for the services Yet Turkey remains intransigent. More must be done. portion of the island. that are being provided. I am pleased that President Clinton has Today, the two ethnic groups live in sepa- There were also a number of volunteer fire demonstrated his commitment to a resolution rate areas of the island with the United Na- departments and rescue squads who evacu- of the problem by this appointment of a Spe- tions maintaining a buffer zone. Settlement ef- ated residents, and were on hand to pump the cial Presidential Emissary for Cyprus. forts have stalled on differences of how to muddy waters out of homes. Among them Recently, President Clerides of Cyprus pro- solve the matter. In fact, a recent calmness on were the East River, Bluewell, Green Valley, posed a plan that calls for the demilitarization the island has disturbed some officials in the Glenwood, Oakvale, Bluefield, and Princeton of the island. With more than one third of Cy- United Nations. The Secretary General of the U.N. has stressed that it is not a reason for fire departments and rescue squads. Their prus under foreign occupation by 30,000 optimism, but rather a cause for serious con- combined numbers totaled more than 150 troops, demilitarization offers an opportunity to cern. It signifies not a peace initiative, but a men and women. It is of utmost importance build an atmosphere of trust that could bring strengthening of forces. In response to these that the members of a community and its sur- the sides closer to a framework for a resolution. actions, on June 27, 1995, the House ap- rounding areas come together, as the people proved an amendment by my colleague, Con- of Mercer County have, in order to overcome Mr. Speaker, I support President Clerides' efforts to introduce a new approach that rec- gressman JOHN PORTER of Illinois, to the for- such catastrophes. A strong community effort ognizes the need for bold diplomatic initiatives eign operations appropriations billÐH.R. can have excellent results despite the dire to solve this intractable problem. The world 1868Ðthat would reduce the aid to Turkey by conditions which may exist. has seen many promising signs for the cause 50 percent until they withdraw their troops Local, State, and Federal officials surveyed of peace. The fragile processes in the Middle from Cyprus. I supported this measure. the ravaged communities of Mercer county. East and Northern Ireland are two examples Mr. Chairman, tumult such as this must Having heard the stories of the fear and heart- where progress has occurred despite great dif- come to an end. It is time that peace comes ache which the flood victims suffered, and ficulties and decades old animosities. We to the Island of Cyprus. having seen the damage first hand, the State have an opportunity now to commit ourselves f Office of Emergency Services made the re- to an initiative that offers the possibility of de- ‘‘TWENTY ONE YEARS OF DIVISION quest to Governor Gaston Caperton that he militarizing this land which has suffered so ON CYPRUS’’ seek a disaster declaration for the area. On much. July 5, the Governor signed the request for But these hopeful signs do not quiet the suffering of the island's people. International dip- HON. WILLIAM J. COYNE Mercer County to be declared a disaster area, OF PENNSYLVANIA lomatic efforts are meaningless if they do not and then forwarded it to President Clinton. On IN THE HOUSE OF REPRESENTATIVES the same day I sent a letter to the President lead to a resolution. For twenty-one years, the people of Cyprus have lived under foreign oc- Thursday, July 20, 1995 urging my strongest possible support for the cupation. Twenty-one years! The families who Mr. COYNE. Mr. Speaker, I want to express disaster relief request, and expressed agree- grieve for fathers and mothers and sons and my strong support for a peaceful end to the ment with the Governor in that the disaster is daughters killed or missing since the occupa- presence of Turkish military forces in Cyprus. larger than can be effectively handled by the tion have waited too long for a just settlement. Today, July 20, 1995, marks the 21st anni- State. I am pleased to say that the Federal Mr. Speaker, it is my sincere hope that this versary of Turkey's invasion and occupation of Emergency Management Agency approved is the last time we find ourselves on the floor the Island of Cyprus. The time is clearly long Mercer County for Federal relief assistance on of this House marking yet another anniversary overdue when the occupation and division of July 12. of this occupation. Cyprus should be ended. The time has come The communities are now one step further f to provide answers to questions over persons on the road to recovery, and I would like to who have been missing for over two decades CYPRUS personally thank the men and women of these since the invasion of Cyprus. The time has organizations for the hard work that they have come to bring peace and unity to the people put into this effort. Their contributions and HON. WILLIAM J. MARTINI of Cyprus. The United States of America has clearly good will shall be well remembered by those OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES stated its commitment to a Cyprus settlement whose suffering and anguish have been less- that respects the single sovereignty and terri- ened by such caring and humanitarian people. Thursday, July 20, 1995 torial integrity of this island. I want to com- Mr. MARTINI. Mr. Speaker, I rise today on mend President Clinton for the leadership his the 21st anniversary of Turkey's illegal occu- administration has offered in support of inter- pation of the independent Island of Cyprus. national efforts to resolve the issue of a di- This is a dilemma that must be addressed. vided Cyprus. This administration has ex- Today, there is no more hope for a settle- pressed clearly and consistently its support for ment to the crisis then there was 20 years an end to the illegal division of Cyprus. July 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1485 Last fall, President Clinton appointed Rich- force, turn over its military hardware to the key because of its abuses of human rights ard Beaatie as Special Presidential Envoy for U.N. peacekeeping force, and pledge all out- and international law. I hope it will be the last. Cyprus to lend new impetus to United States year appropriations that would be otherwise Turkey must realize that we are growing im- efforts to resolve the Cyprus problem. Last earmarked for defense toward maintaining the patient with its empty promises to address the month, President Clinton also elevated State U.N. force if the Republic of Turkey will end its Cyprus problem. For 20 years it has ignored Department Special Coordinator for Cyprus illegal occupation of this island. The way is or rejected virtually all calls to end its occupa- James William to ambassadorial rank to pro- clear for ending the division of Cyprus which tion and resolve the problems it has created. vide a further indication of U.S. resolve. The has brought so much suffering to the people As a result, there are still five Americans United States has also initiated, in conjunction of the island if the Turkish Government will whose whereabouts remains unknown after with Great Britain, confidential talks between embrace this opportunity to obtain a peaceful they were swept up in the Turkish invasion of Greek Cypriots and the Turkish Cypriots. end to the division of Cyprus. Cyprus in 1974. There are also 1,614 Greek While these talks were to eventually break Mr. Speaker, it is my hope that the people Cypriots who were abducted during that inva- down due to Turkish intransigence, the resolve of Cyprus will soon live free from foreign occu- sion and who remain unaccounted for today. of the United States and the Clinton adminis- pation and illegal division. Twenty-one years Seventeen years ago, Congress agreed to tration remain unshaken in its support for a of occupation is far too long and I want to join lift the partial arms embargo it had imposed on peaceful settlement of the Cyprus division. with my colleagues in urging the Government Turkey for treaty violations on the condition The international community has also spo- of Turkey to end its occupation of Cyprus. that Turkey would work toward a lasting reso- ken with a clear voice against the continued f lution of the Cyprus problem. division of the Island of Cyprus. U.N. Security And what has happened in 17 years? Noth- Council adopted Resolution 939 on July 29, THE TURKISH OCCUPATION OF ing, Mr. Speaker. Rather than trying to resolve 1994, which calls for a Cyprus settlement CYPRUS MUST END the problem, in fact, Turkey has aggravated it ``based on a state of Cyprus with a single sov- by declaring, in 1983, the independence of its ereignty and international personality and a HON. DICK ZIMMER occupied land on Cyprus and naming it the single citizenship, with its independence and OF NEW JERSEY ``Turkish Republic of Northern Cyprus.'' territorial integrity safeguarded, and compris- IN THE HOUSE OF REPRESENTATIVES That was not the peaceful resolution that ing two politically equal communities as de- Cyprus had expected. And it is time that we scribed in the relevant Security Council resolu- Thursday, July 20, 1995 make it clear that our patience with procrasti- tions, in a bicommunal and bizonal federation, Mr. ZIMMER. Mr. Speaker, today marks the nation and broken promises is exhausted. and that such a settlement must exclude union 21st anniversary of the illegal Turkish occupa- Mr. Speaker, i continue to support legisla- in whole or part with any other country or any tion of 40 percent of the island of Cyprus. As tion offered by Mr. ANDREWS and Mr. PORTER form of partition or succession.'' I have in the past, I once again urge Turkey that would ban all aid to Turkey until the Turk- The Greek Cypriots are also speaking with to end that occupation so that the people of ish Government complies with a number of a clear voice in support of a peaceful resolu- Cyprus can work toward a peaceful, demo- conditions relating to human rights, as well as tion to the division of Cyprus. Greek Cypriot cratic and independent future. the condition that Turkey withdraw its troops President Clerides recently issued a demili- This House recently approved an amend- from Cyprus. tarization proposal that seeks to bring an end ment by Congressman PORTER to reduce Unit- Until Turkey withdraws its troops, we have to Cyprus' status as what U.N. Secretary Gen- ed States aid to Turkey. This amendment was little hope for a resolution. If we do not de- eral Boutros Boutros-Ghali called `òne of the in part the result of Turkey's blind disregard mand decisive action by Turkey and hold that most highly militarized areas in the world. for the territorial integrity of Cyprus. nation accountable for its deeds, we will be President Clerides' proposal states that the The Porter amendment represented the sec- back here next year sadly noting the 22d anni- Government of Cyprus will disband its military ond time we have voted to reduce aid to Tur- versary of the Turkish invasion of Cyprus. Thursday, July 20, 1995 Daily Digest

HIGHLIGHTS Senate passed Legislative Branch Appropriations, 1996 Senate 313), Senate earlier rejected a motion to table the Chamber Action amendment.) Routine Proceedings, pages S10329–S10444 Pages S10358±63, S10373±74, S10380, S10419 Measures Introduced: Two bills and one resolution (4) By 91 yeas to 8 nays (Vote No. 314), Dole were introduced, as follows: S. 1052 and 1053, and Amendment No. 1807 (to Amendment No. 1803), S. Res. 155. Page S10426 of a perfecting nature. Pages S10373, S10380 Measures Reported: Reports were made as follows: (5) Specter Amendment No. 1806, expressing the sense of the Senate regarding war crimes in the Bal- S. 919, to modify and reauthorize the Child kans. Pages S10364±67, S10419 Abuse Prevention and Treatment Act, with an amendment in the nature of a substitute. (S. Rept. (6) By 84 yeas to 13 nays (Vote No. 318), Murray No. 104–117) Modified Amendment No. 1826, to provide that none of the funds in this Act may be used to award S. Res. 103, to proclaim the week of October 15 Federal contracts to unqualified persons, in reverse through October 21, 1995, as National Character discrimination, or in quotas, or is inconsistent with Counts Week. Page S10426 the decision of the Supreme Court of the United Measures Passed: States in Adarand Constructors, Inc., v. Pena on June Legislative Branch Appropriations, 1996: Senate 12, 1995. Pages S10402±18 passed H.R. 1854, making appropriations for the (7) Mack (for Dole) Amendment No. 1828, to re- Legislative Branch for the fiscal year ending Septem- tain the Capitol Guide Service and Special Services ber 30, 1996, after agreeing to committee amend- Office. Page S10419 ments, and taking action on amendments proposed (8) Mack (for Simon) Amendment No. 1829, to thereto, as follows: repeal the prohibitions against political recommenda- Pages S10340±67, S10373±86, S10400±20 tions relating to Federal employment. Page S10419 Adopted: (9) Mack (for Lieberman) Amendment No. 1830, (1) By 60 yeas to 39 nays (Vote No. 312) Byrd to amend the Congressional Accountability Act re- Amendment No. 1802, to express the sense of the lating to the submission of a study by the Adminis- Senate that the Senate should consider a resolution trative Conference of the United States. Page S10419 requiring each accredited member of the Senate Press (10) Mack (for Bingaman) Amendment No. 1831, Gallery to file an annual public report with the Sec- relating to the reduction in facilities energy costs. retary of the Senate disclosing the member’s primary Pages S10419±20 employer and any additional sources and amounts of (11) Mack Amendment No. 1832, to strike lan- earned outside income. Pages S10350±57 guage relative to law enforcement on Library of Con- (2) Brown Amendment No. 1805, to prohibit the gress property at Ft. Meade, Maryland. hiring of new elevator operators to operate automatic Pages S10419±20 elevators. Pages S10363±64 Rejected: (3) Feingold Amendment No. 1803, to express (1) Hollings Amendment No. 1808, to restore the sense of the Senate that the 104th Congress funding for the Office of Technology Assessment. should consider comprehensive campaign finance re- (By 54 yeas to 45 nays (Vote No. 316), Senate reform legislation. (By 41 yeas to 57 nays (Vote No. jected a motion to table the amendment.) Pages S10374±86, S10400 D 887 D 888 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 1995 (2) By 36 yeas to 61 nays (Vote No. 317). Emergency Supplemental/Rescissions, 1995: Sen- Gramm Amendment No. 1825, to ensure equal op- ate resumed consideration of H.R. 1944, making portunity and merit selection in the award of Federal emergency supplemental appropriations for addi- contracts. Pages S10401±18 tional disaster assistance, for anti-terrorism initia- Withdrawn: tives, for assistance in the recovery from the tragedy (1) Mack (for McConnell) Amendment No. 1804 that occurred at Oklahoma City, and making rescis- (to Amendment No. 1803), in the nature of a sub- sions for fiscal year ending September 30, 1995, tak- stitute. Pages S10358±63, S10374 ing action on amendments proposed thereto, as fol- (2) Exon (for Murray) Amendment 1827 (to lows: Pages S10419±25 Amendment No. 1825), of a perfecting nature. Pending: Pages S10403±S10417 Wellstone/Moseley-Braun Amendment No. 1833, U.S. Insular Areas Authorizations: Senate passed to strike certain rescissions, and to provide an offset. S. 638, to authorize appropriations for United States Pages S10420±25 insular areas, after agreeing to an amendment in the A unanimous-consent time agreement was reached nature of a substitute. Pages S10440±42 providing for further consideration of the bill and the amendment pending thereto, on Friday, July 21, D.C. Transportation Projects: Senate passed S. 1995. Page S10419 1023, to authorize an increased Federal share of the costs of certain transportation projects in the District Military Construction Appropriations, 1996— of Columbia for fiscal years 1995 and 1996. Agreement: A unanimous-consent agreement was Pages S10442±43 reached providing for the consideration of H.R. 1817, making appropriations for military construc- Bosnia/Herzegovina Self-Defense Act: Senate con- tion, family housing, and base realignment and clo- tinued consideration of S. 21, to terminate the Unit- sure for the Department of Defense for the fiscal year ed States arms embargo applicable to the Govern- ending September 30, 1996, on Friday, July 21, ment of Bosnia and Herzegovina, taking action on amendments proposed thereto, as follows: 1995. Page S10420 Pages S10386±87 Nominations Received: Senate received the follow- Pending: ing nominations: Dole Amendment No. 1801, in the nature of a James A. Joseph, of Virginia, to be Ambassador to substitute. Page S10386 the Republic of South Africa. Comprehensive Regulatory Reform Act: Senate 1 Air Force nomination in the rank of general. continued consideration of S. 343, to reform the reg- 31 Army nominations in the rank of general. ulatory process, taking action on amendments pro- Routine lists in the Army, Navy. Page S10444 posed thereto, as follows: Pages S10386±S10401 Messages From the House: Page S10425 Pending: Measures Referred: Pages S10425±26 (1) Dole Amendment No. 1487, in the nature of Executive Reports of Committees: Page S10426 a substitute. Page S10386 (2) Ashcroft Amendment No. 1786 (to Amend- Statements on Introduced Bills: Pages S10426±27 ment No. 1487), to provide for the designation of Additional Cosponsors: Pages S10427±28 distressed areas within qualifying cities as Regu- latory Relief Zones and for the selective waiver of Amendments Submitted: Pages S10429±33 Federal regulations within such zones. Page S10386 Authority for Committees: Page S10433 (3) Hutchison/Ashcroft Amendment No. 1789 (to Additional Statements: Pages S10433±40 Amendment No. 1786), in the nature of a sub- Record Votes: Seven record votes were taken today. stitute. Page S10386 (Total—318) During consideration of this measure today, Senate also took the following action: Pages S10357, S10373, S10380, S10399±S10400, S10418 By 58 yeas to 40 nays (Vote No. 315), three-fifths Recess: Senate convened at 9 a.m., and recessed at of those Senators duly chosen and sworn not having 11:27 p.m., until 9 a.m., on Friday, July 21, 1995. voted in the affirmative, Senate failed to close further (For Senate’s program, see the remarks of the Acting debate on Amendment No. 1487, listed above. Majority Leader in today’s RECORD on page Pages S10399±S10400 S10443.) July 20, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 889 S. 869, to issue a certificate of documentation Committee Meetings with appropriate endorsement for employment in the (Committees not listed did not meet) coastwise trade for the vessel Dragonessa; S. 889, to issue a certificate of documentation with appropriate endorsement for employment in the BUSINESS MEETING coastwise trade for the vessel Wolf Gang II; Committee on Commerce, Science, and Transportation: S. 911, to issue a certificate of documentation Committee ordered favorably reported the following with appropriate endorsement for employment in the business items: coastwise trade of the United States for the vessel Sea S. 1004, to authorize funds for the United States Mistress; Coast Guard, with an amendment in the nature of S. 975, to issue a certificate of documentation a substitute; with appropriate endorsement for employment in the S. 1048, to authorize funds for certain programs coastwise trade for the vessel Jajo; of the National Aeronautics and Space Administra- S. 1016, to issue a certificate of documentation tion, with an amendment in the nature of a sub- with the appropriate endorsement for employment in stitute. (As approved by the Committee, the amend- the coastwise trade for the vessel Magic Carpet; ment authorizes $13.8 billion for fiscal year 1996.); S. 1017, to issue a certificate of documentation An original bill authorizing funds for Amtrak and with the appropriate endorsement for employment in for local rail revitalization programs; the coastwise trade for the vessel Chrissy; S. 187, to provide for the safety of journeymen S. 1040, to issue a certificate of documentation boxers; with appropriate endorsement for employment in the S. 981, to preserve Congressional involvement coastwise trade for the vessel Onrust; with regard to Federal regulations on truck trailer S. 1041, to issue a certificate of documentation length issues pursuant to the North American Free with appropriate endorsement for employment in the Trade Agreement; coastwise trade for the vessel Explorer; S. 583, to issue a certificate of documentation and S. 1046, to issue certificates of documentation coastwise trade endorsement for the vessels Resolution with appropriate endorsements for employment in and Perseverance; the coastwise trade of the United States for fourteen S. 653, to issue a certificate of documentation former U.S. Army hovercrafts; with appropriate endorsement for employment in the S. 1047, to issue certificates of documentation and coastwise trade for the vessel Aura; coastwise trade endorsements for the vessels En- S. 654, to issue a certificate of documentation chanted Isles and Enchanted Seas; and with appropriate endorsement for employment in the The nominations of Roberta L. Gross, of the Dis- coastwise trade for the vessel Sunrise; trict of Columbia, to be Inspector General, National S. 655, to issue a certificate of documentation Aeronautics and Space Administration, Vera Alexan- with appropriate endorsement for employment in the der, of Alaska, to be a Member of the Marine Mam- coastwise trade for the vessel Marantha; mal Commission, and Robert Clarke Brown, of New S. 656, to issue a certificate of documentation York, to be a Member of the Board of Directors of with appropriate endorsement for employment in the the Metropolitan Washington Airports Authority. coastwise trade for the vessel Quietly; Also, committee began markup of S. 387, to en- S. 680, to issue a certificate of documentation and courage enhanced State and Federal efforts to reduce coastwise trade endorsement for the vessel Yes Dear; traffic deaths and injuries and improve traffic safety S. 739, to issue a certificate of documentation among high-risk drivers, but did not complete con- with appropriate endorsement for employment in the sideration thereon, and recessed subject to call. coastwise trade for the vessel Sisu; S. 763, to issue a certificate of documentation and AUTHORIZATION—ENDANGERED SPECIES coastwise trade endorsement for the vessel Evening ACT Star; Committee on Environment and Public Works: Sub- S. 802, to issue a certificate of documentation and committee on Drinking Water, Fisheries and Wild- coastwise trade endorsement for the vessel Royal life resumed hearings on proposed legislation author- Affaire; izing funds for programs of the Endangered Species S. 808, to extend the deadline for the conversion Act, focusing on the recovery, delisting and of the vessel M/V Twin Drill; downlisting provisions and the international effects S. 826, to issue a certificate of documentation of the Endangered Species Act, receiving testimony with appropriate endorsement for employment in the from Mollie Beattie, Director, United States Fish coastwise trade for the vessel Prime Time; and Wildlife Service, Department of the Interior; D 890 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 1995 Rolland A. Schmitten, Assistant Administrator for D.C.; and Mercedes Wilson, Family of the Americas, Fisheries, National Marine Fisheries Service, National Dunkirk, Maryland. Oceanic and Atmospheric Administration, Depart- Hearings were recessed subject to call. ment of Commerce; Allan L. Egbert, Florida Game NOMINATIONS and Freshwater Fish Commission, Tallahassee, on behalf of the International Association of Fish and Committee on Foreign Relations: Committee concluded Wildlife Agencies; J. Michael Scott, National Bio- hearings on the nominations of David W. Burke, of logical Service, Moscow, Idaho; Robert J. Taylor, New York, Tom C. Korologos, of Virginia, Bette California Forestry Association, and John A. Lam- Bao Lord, of New York, Edward E. Kaufman, of beth, Hodgson Company, on behalf of the Fairy Delaware, Alberto J. Mora, of Florida, Cheryl F. Shrimp Study Group, both of Sacramento, California; Halpern, of New Jersey, Marc B. Nathanson, of Cali- David Langhorst, Idaho Wildlife Federation, fornia, and Carl Spielvogel, of New York, each to be Ketchum, on behalf of the National Wildlife Federa- a Member of the Broadcasting Board of Governors, tion; Robert J. Wiese, American Zoo and Aquarium after the nominees testified and answered questions Association, Bethesda, Maryland; Jeff Cilek, Per- in their own behalf. egrine Fund, Boise, Idaho; John W. Grandy, Hu- NIGERIA mane Society of the United States, and Ginette Hemley, World Wildlife Fund, both of Washington, Committee on Foreign Relations: Subcommittee on Afri- D.C.; Gerhardus J. Hanekom, Ministry of Environ- can Affairs held hearings to examine the current sit- ment and Tourism, Republic of Namibia; and Ste- uation in Nigeria, receiving testimony from George phen Kasere, South African National Parks Board, E. Moose, Assistant Secretary of State for African Af- Republic of South Africa, on behalf of the CAMP- fairs; Jane Becker, Principal Deputy Assistant Sec- FIRE Association of Zimbabwe. retary of State for International Narcotics and Law Hearings were recessed subject to call. Enforcement Affairs; Peter Lewis, American Univer- sity, and Randall Robinson, TransAfrica, both of MEDICARE Washington, D.C.; and Kenneth Roth, Human Committee on Finance: Committee continued hearings Rights Watch, New York, New York. to examine Medicare payment policies, focusing on Hearings were recessed subject to call. Medicare services’ rapid growth in spending, includ- BUSINESS MEETING ing home health care, skilled nursing, rehabilitation hospitals and clinical laboratories, receiving testi- Committee on the Judiciary: Committee ordered favor- mony from Kenneth W. Aitchison, Kessler Institute ably reported the following business items: for Rehabilitation, Inc., West Orange, New Jersey, The nomination of James L. Dennis, of Louisiana, on behalf of the American Rehabilitation Associa- to be United States Circuit Judge for the Fifth Cir- tion; Phillip I. Hoffman, Outreach Health Services, cuit; Austin, Texas, on behalf of the Home Health Serv- S.J. Res. 31, proposing an amendment to the ices and Staffing Association; and David N. Constitution of the United States to grant Congress Sundwall, American Clinical Laboratory Association, and the States the power to prohibit the physical and Paul Willging, American Health Care Associa- desecration of the flag of the United States; and tion, both of Washington, D.C. S. Res. 103, to proclaim the week of October 15 Hearings were recessed subject to call. through October 21, 1995, as National Character INTERNATIONAL POPULATION Counts Week. STABILIZATION BUSINESS MEETING Committee on Finance: Subcommittee on Social Secu- Committee on Labor and Human Resources: Committee rity and Family Policy held hearings on certain pro- ordered favorably reported the following business visions of S. 1029, to establish and strengthen poli- items: cies and programs for the early stabilization of world S. 673, to establish a youth development grant population through the global expansion of repro- program, with amendments; ductive choice, receiving testimony from Representa- S. 1044, to amend title III of the Public Health tives Beilenson and Morella; Dawn Liberi, Associate Service Act to consolidate and reauthorize provisions Assistant Administrator, Center for Population, relating to health centers, with amendments; and Health and Nutrition, Agency for International De- The nominations of Mary S. Furlong, of Califor- velopment; Jose Gomez de Leon Cruces, National nia, to be a Member of the National Commission on Population Council, Republic of Mexico; Victoria Libraries and Information Science, Richard J. Stern, Markell, Population Action International, and Shel- of Illinois, to be a Member of the National Council don Richman, Cato Institute, both of Washington, on the Arts, National Foundation on the Arts and July 20, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 891 the Humanities, and Lynne C. Waihee, of Hawaii, sociation, St. Louis, Missouri, on behalf of the Asso- to be a Member of the National Institute for Lit- ciation of Organ Procurement Organizations; John J. eracy Advisory Board. Fung, University of Pittsburgh Medical Center, AUTHORIZATION—NATIONAL ORGAN Pittsburgh, Pennsylvania; Craig J. Irwin, National TRANSPLANT ACT Transplant Action, Washington, D.C.; Craig W.S. Howe, National Marrow Donor Program, Minneapo- Committee on Labor and Human Resources: Committee lis, Minnesota; Joan A. Keller, American Bone Mar- concluded hearings on proposed legislation authoriz- row Donor Registry, Mandeville, Louisiana; and ing funds for programs of the National Organ Trans- Samuel Gross, University of Florida, Winter Park, plant Act, and to examine the Federal Government’s on behalf of the Leukemia Society of America, Inc. role in the oversight and funding of solid organ and unrelated donor marrow transplantation, after receiving testimony from Representatives Bill Young and WHITEWATER MATTERS Tony Hall; Ciro V. Sumaya, Administrator, Health Special Committee to Investigate the Whitewater Develop- Resources and Services Administration, Public ment Corporation and Related Matters: Committee con- Health Service, Department of Health and Human tinued hearings to examine issues relative to the Services; Margaret D. Allen, University of Washing- President’s involvement with the Whitewater Devel- ton Hospital, on behalf of the United Network for opment Corporation, focusing on certain events fol- Organ Sharing, and Frederick R. Applebaum, Fred lowing the death of Deputy White House Counsel Hutchinson Cancer Research Center, both of Seattle, Vincent Foster, receiving testimony from Sergeant Washington; Charles F. Shield, III, Wichita Surgical Cheryl A. Braun, Detective John Rolla, and Major Specialists, Wichita, Kansas, on behalf of the Na- Robert Hines, all of the United States Park Police, tional Organ Procurement and Transplantation Net- National Park Service, Department of the Interior. work; Dean F. Kappel, Mid-America Transplant As- Hearings continue on Tuesday, July 25. h House of Representatives ‘‘present,’’ Roll No. 536, the House passed H.R. Chamber Action 2058, establishing United States policy toward Bills Introduced: Thirteen public bills, H.R. China. Pages H7273±H7302 2077–2089; and two resolutions, H. Con. Res. MFN Treatment to Products of the People’s Re- 84–85 were introduced. Pages H7378±79 public of China: By a yea-and-nay vote of 321 yeas Report Filed: One report was filed as follows: Re- to 120 nays, Roll No. 537, the House laid on the ported entitled ‘‘Report on the revised Subdivision of table H.J. Res. 96, disapproving the extension of Budget Totals for fiscal year 1996’’ (H. Rept. nondiscriminatory treatment (most-favored-nation 104–197). Page H7378 treatment) to the products of the People’s Republic Speaker Pro Tempore: Read a letter from the of China. Pages H7302±07 Speaker wherein he designates Representative Emer- H. Res. 193, the rule under which H.R. 2058 and son to act as Speaker pro tempore for today. the joint resolution was considered, were agreed to Page H7261 earlier by voice vote. Pages H7265±73 Committees To Sit: The following committees and Agriculture Appropriations: House continued con- their subcommittees received permission to sit today sideration of H.R. 1976, making appropriations for during proceedings of the House under the 5-minute Agriculture, Rural Development, Food and Drug rule: Committees on Banking and Financial Services, Administration, and Related Agencies programs for Commerce, Economic and Educational Opportuni- the fiscal year ending September 30, 1996; but came ties, Government Reform and Oversight, Inter- to no resolution thereon. Proceedings under the 5- national Relations, Judiciary, Resources, Small Busi- minute rule will resume on Friday, July 21. ness, Transportation and Infrastructure, and Select Pages H7307±67, H7368±77 Intelligence. Page H7265 When the Committee of the Whole rose, votes United States Policy Toward China: By a yea-and- had been postponed on the following amendments nay vote 416 yeas to 10 nays, with 1 voting until Friday, July 21: D 892 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 1995 The Hoke amendment that seeks to reduce use of The Beureuter amendment that earmarks $1 mil- funds for Agriculture, Trade, and Development pro- lion in funding for section 515 rental housing to gram by $113 million; Pages H7368±71 fund loan guarantee programs for multifamily rental The Sanford amendment that seeks to prohibit use housing; Pages H7333±34 of funds for the construction of a new office facility The Goodling perfecting amendment that (agreed campus at the Beltsville Agricultural Research Cen- to by a recorded vote of 230 ayes to 193 noes, Roll ter; and Pages H7373±74 No. 542); Pages H7338±40, H7344 The Olver amendment that seeks to limit use of The Hall of Ohio amendment that strikes lan- funds for payment of salaries of personnel to provide guage that places limits on the participation level in assistance to livestock producers if crop insurance the Special Supplemental Nutrition Program for protection or noninsured crop disaster assistance for Women, Infants, and Children (WIC) (agreed to by the loss of feed produced is available and increase by a recorded vote of 278 ayes to 145 noes, Roll No. $60 million funds for Rural Development Perform- 543); and Pages H7337±42, H7344±45 ance Partnerships. Pages H7374±76 The McIntosh amendment that prohibits use of Agreed To: funds from being used to increase the Food and The Walsh amendment that strikes language that Drug Administration’s administrative office staff would have prohibited use of funds to issue, imple- over fiscal year 1995 levels. Pages H7371±73 ment, or administer new Federal meat inspection Rejected: regulations proposed by the Agriculture Department The Allard amendment that sought to cut ap- (USDA) unless a committee was formed by the De- proximately $12 million from various USDA offices partment and submitted a report to Congress review- responsible for carrying out administrative, commu- ing current rules and proposed changes (agreed to by nications, education, policy, economics, and statis- a recorded vote of 427 ayes, Roll No. 538); tical functions (rejected by a recorded vote of 196 Pages H7311±15, H7328±29 ayes to 232 noes, Roll No. 539); The Camp amendment that increases by $445,000 Pages H7315±18, H7329 funding for special agricultural research grants and The Castle amendment that sought to reduce by offsets the increase by cutting the appropriation for $3 million funds for Consolidated Farm Services competitive research grants by the same amount; Agency salaries and expenses; reduce by $17 million Page H7318 funding for the Natural Resources Conservation The Condit amendment, as amended by the Skeen Service; reduce by $20 million funding for the ‘‘Food substitute, that increases by $200,000 funding for for Peace’’ program and transfer this amount to the the Office of the Chief Economist; reduce by Rural Housing Insurance Fund account (rejected by $200,000 funding for competitive research grants; a recorded vote of 96 ayes to 332 noes, Roll No. and reduce by $200,000 funding for necessary ex- 540); Pages H7319±22, H7329±30 penses of research and education activities; The Sanders amendment that sought to increase Pages H7318±19 by $1 million funding for the Office of the Chief The de la Garza amendment that reduces funding Economist; reduce by $3 million funding for the by $4 million for administrative expenses in the Foreign Agricultural Service; and increase by $1 mil- Rural Housing Insurance Fund program and restores lion Food and Drug Administration salaries and ex- funding for direct loans from the Rural Development penses (rejected by a recorded vote of 70 ayes to 357 Loan Fund for empowerment zones and enterprise noes, Roll No. 541); Pages H7322±25, H7330±31 communities by providing approximately $7 million The Durbin amendment that sought to prohibit in lending authority; Pages H7331±32 use of funds to carry out any extension service pro- The Callahan amendment that increases by $50 gram for tobacco or provide crop insurance for to- million funding for gross obligations for loans to bacco starting with the 1996 crop (rejected by a re- section 502 borrowers; increases by $10,495,000 the corded vote of 200 ayes to 223 noes, Roll No. 544); cost of direct and guaranteed loans including the Pages H7346±54, H7359 cost of modifying loans and offsets that increase by The Bunning amendment that strikes funding for reducing funds for the Rural Housing and Commu- the Food and Drug Administration; and nity Development Service; Pages H7332±33 Pages H7354±57, H7359 The Watt of North Carolina amendment that pro- The Lowey amendment as amended by the Minge vides for the Secretary of Agriculture to make sec- amendment, that sought to prohibit use of funds tion 502 loans for properties in the Pine View West from being used to provide deficiency or land diver- Subdivision located in Gibsonville, North Carolina; sion payments to anyone with an annual adjusted Page H7333 gross income of $100,000 or more from non-farm July 20, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 893 sources (rejected by a recorded vote of 158 ayes to Amendments Ordered Printed: Amendments or- 249 noes, with 8 voting ‘‘present’’, Roll No. 545); dered printed pursuant to the rule appear on page Pages H7359±67 H7379. The following amendments were offered but sub- Quorum Calls—Votes: Two yea-and-nay votes and sequently withdrawn: eight recorded votes developed during the proceed- The Clayton amendment that sought to reduce ings of the House today and appear on pages funding for section 502 nonsubsidized guaranteed H7301–02, H7306–07, H7328–29, H7329, housing loans by $119,000 and offset the reduction H7329–30, H7330–31, H7344, H7345, H7359, by increasing funding for section 515 rental housing and H7366–67. There were no quorum calls. loans by $11 million; Page H7333 Adjournment: Met at 10 a.m. and adjourned at The Owens amendment that sought to strike the 12:40 a.m. on Friday, July 21. $4.3 million appropriation for the Rural Telephone Bank Program and strike language preventing any funds from being used to retire more than 5 percent Committee Meetings of the Class A stock of the Rural Telephone Bank. LABOR—HHS—EDUCATION Pages H7334±36 APPROPRIATIONS The Obey amendment that sought to prohibit use of funds for salaries of personnel who carry out a Committee on Appropriations: Began markup of the market promotion program or provide assistance to Labor, Health and Human Services, and Education organizations with gross annual sales of $20 million appropriations for fiscal year 1996. or more unless that organization is a cooperative; and Will continue tomorrow. Pages H7357±59 SUBPOENAS—MADISON GUARANTY The Zimmer amendment that sought to prohibit SAVINGS AND LOAN ASSOCIATION use of funds for salaries of personnel who carry out Committee on Banking and Financial Services: Approved a market promotion program and reduce by $110 a motion authorizing the Chairman to apply for a million funds for ‘‘Commodity Credit Corporation writ of habeas corpus ad testificandum, and if nec- Fund—Reimbursement for Net Realized Losses’’. essary, to issue a subpoena to secure presence and Pages H7358±59, H7367 testimony of former Associate Attorney General It was made in order that during further consider- Webster Hubbell at the upcoming hearings on ation of H.R. 1976 on Friday, July 21, 1995, after Madison Guaranty Savings and Loan Association. disposition of any questions earlier postponed under the authority granted by the order of the House of CORRECTIVE ACTION CLEANUP PROGRAM July 19, 1995, no further amendment shall be in Committee on Commerce: Subcommittee on Commerce, order except the following: (1) the amendment of Trade, and Hazardous Materials held a hearing on Representative Zimmer, to be debatable for 60 min- the Corrective Action Cleanup Program under the utes; (2) the amendment of Representative Obey, to Resources Conservation and Recovery Act and its re- be debatable for 10 minutes; (3) the amendment of lationship to the Superfund Program, including the Representative Kennedy of Massachusetts, to be de- following bills: H.R. 2036, Land Disposal Program batable for 20 minutes; and (4) the amendment of Flexibility Act; and H.R. 1696, to authorize the Ad- Representative Deutsch, to be debatable for 20 min- ministrator of the Environmental Protection Agency utes; and further that each amendment—(1) may be to exempt certain small land fills from the ground offered only in the order specified; (2) may be offered water monitoring requirements contained in landfill only by the specified proponent or a designee; (3) regulations promulgated by the Agency. Testimony shall be considered as read; (4) shall be debatable for was heard from Representative Cooley; Mike Shapiro, the time specified, equally divided and controlled by Office Director, Office of Solid Waste, EPA; Kath- the proponent and an opponent; (5) shall not be sub- erine Sharp, Environmental Programs Administrator, ject to amendment (except as specified); and (6) shall Waste Management Division, Department of Envi- not be subject to a demand for division of the ques- ronmental Quality, State of Oklahoma; and public tion in the House or in the Committee of the witnesses. Whole; and further that when proceedings resume after postponement on the amendment offered by MISCELLANEOUS MEASURES Representative Hoke, that amendment shall again be Committee on Economic and Educational Opportunities: debatable for 10 minutes equally divided and con- Ordered reported amended the following bills: H.R. trolled by the proponent and an opponent. 1594, Pension Protection Act of 1995; H.R. 1225, Pages H7367±68 to amend the Fair Labor Standards Act of 1938 to D 894 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 1995 exempt employees who perform certain court report- Davidian Compound in Waco, Texas. Testimony was ing duties from the compensatory time requirements heard from Wade Ishimoto, Sandia National Labora- applicable to certain public agencies; and H.R. tories; John Koonce, Drug Enforcement Administra- 1114, to authorize minors who are under the child tion, Department of Justice; the following officials of labor provision of the Fair Labor Standards Act of the Department of Defense: Ambassador H. Allen 1938 and who are under 18 years of age to load ma- Holmes, Assistant Secretary, Special Operations in terials into balers and compactors. Low-Intensity Conflict; Maj. Gen. John M. Pickler, OVERSIGHT USA, Commander, Joint Task Force-6; Brig. Gen. Michael Huffman, USA, Assistant Judge Advocate, Committee on Government Reform and Oversight: Sub- U. S. Army Special Forces Command; and Chris committee on government Management, Informa- Crane, Special Forces Group; the following officials tion, and Technology held an oversight hearing on of the Department of the Treasury: Lewis Merletti, the Administration’s progress on the Post-Federal Deputy Director, Department Review Team; and Telecommunications System (Post-FTS2000) Acqui- William Buford, Bureau of Alcohol, Tobacco and sition program. Testimony was heard from the fol- Firearms. lowing officials of the GSA: Roger W. Johnson, Ad- Hearings continue tomorrow. ministrator; and Robert J. Woods, Associate Admin- istrator for FTS2000. IMMIGRATION IN THE NATIONAL INTEREST ACT FEDERALISM DEBATE: WHY DOESN’T Committee on the Judiciary: Subcommittee on Immi- WASHINGTON TRUST THE STATES? gration and Claims approved for full Committee ac- Committee on Government Reform and Oversight: Sub- tion the introduction of a clean bill in lieu of H.R. committee on Human Resources and Intergovern- 1915, Immigration in the National Interest Act of mental Relations held a hearing on The Federalism 1995. Debate: Why Doesn’t Washington Trust the States? MISCELLANEOUS MEASURES Testimony was heard from Richard Nathan, Com- Committee on Resources: Subcommittee on National missioner, Advisory Commission on Intergovern- Parks, Forests and Lands held a hearing on the fol- mental Relations; Julie Belaga, former Regional Ad- lowing bills: H.R. 1838, to provide for an exchange ministrator, EPA; and public witnesses. of lands with the Water Conservancy District of Washington County, UT; H.R. 1581, to require the FUTURE OF PEOPLE’S REPUBLIC OF CHINA Secretary of Agriculture to convey certain lands Committee on International Relations: Subcommittee on under the jurisdiction of the Department of Agri- Asia and the Pacific held a hearing on the Future of culture to the City of Sumpter, Oregon; H.R. 207, the People’s Republic of China: Perspectives on the Cleveland National Forest Land Exchange Act of Post-Deng Xiaoping Era. Testimony was heard from 1995; H.R. 1163, to authorize the exchange of Na- Kent Wiedemann, Deputy Assistant Secretary, East tional Park Service land in the Fire Island National Seashore in the State of New York for land in the Asian and Pacific Affairs, Department of State; and Village of Patchoque, Suffolk County, New York; public witnesses. H.R. 1585, Modoc National Forest Boundary Ad- AUTHORIZATION AND OVERSIGHT CIVIL justment Act; H.R. 1784, to validate certain convey- RIGHTS DIVISION—DEPARTMENT OF ances made by the Southern Pacific Transportation JUSTICE Company within the cities of Reno, NV, and Tulare, CA; and H.R. 1922, to provide for the exchange of Committee on the Judiciary: Subcommittee on the Con- certain lands in Gilpin County, CO. Testimony was stitution held a hearing regarding the authorization heard from Representatives Cooley, Thomas, Skaggs, and oversight of the Civil Rights Division of the Calvert and McInnis; the following officials of the U.S. Department of Justice. Testimony was heard Department of the Interior; Denis Galvin, Associate from Deval Patrick, Assistant Attorney General, Director, Planning Professional Services, National Civil Rights Division, Department of Justice; and Park Service; Maitland Sharpe, Assistant Director, public witnesses. Resource Assessment and Planning, Bureau of Land Management; and Janice McDougle, Associate Dep- OVERSIGHT—WACO uty Chief, Forest Service, USDA. Committee on the Judiciary: Subcommittee on Crime CENTRAL VALLEY PROJECT REFORM ACT and the Subcommittee on National Security, Inter- Committee on Resources: Subcommittee on Water and national Affairs, and Criminal Justice of the Com- Power Resources held a hearing on H.R. 1906, mittee on Government Reform and Oversight con- Central Valley Project Reform Act of 1995. Testi- tinued joint oversight hearings on Federal Law En- mony was heard from Senator Bradley; Representa- forcement Actions in Relation to the Branch tives Herger, Thomas, Fazio and Riggs; Daniel P. July 20, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 895 Beard, Commissioner, Bureau of Reclamation, De- COMMITTEE MEETINGS FOR FRIDAY, JULY partment of the Interior; and public witnesses. 21, 1995 DEFICIT REDUCTION TRUST FUND (Committee meetings are open unless otherwise indicated) Committee on Rules: Ordered reported amended, by voice vote, H.R. 1162, to establish a deficit reduc- Senate tion trust fund and provide for the downward ad- Committee on Finance, to hold hearings to examine for- justment of discretionary spending limits in appro- eign tax issues, including the deferral of income tax on priation bills. the earnings of U.S. businesses operating overseas, section FEDERAL ACQUISITION STREAMLINING 956A of the Internal Revenue Code, and the tax treatment of passive foreign investment companies and foreign ACT IMPLEMENTATION sales corporations; to be followed by hearings on pending Committee on Small Business: Held a hearing regarding nominations, 9:30 a.m., SD–215. the implementation of PL 103–355, Federal Acquisi- Committee on Foreign Relations, to hold hearings on the tion Streamlining Act of 1994. Testimony was heard nomination of Mark D. Gearan, of Massachusetts, to be from David E. Cooper, Associate Director, Acquisi- Director of the Peace Corps, 11 a.m., SD–419. tion Policy, Technology and Competitiveness, Na- Committee on the Judiciary, to hold hearings to examine tional Security and International Affairs Division, certain activities of the Bureau of Alcohol, Tobacco, and GAO; and Jere Glover, Chief Counsel for Advocacy, Firearms of the Department of the Treasury, and recent SBA. events in Tennessee, 10 a.m., SH–216. COMMITTEE BUSINESS Committee on Rules and Administration, business meeting, Committee on Standards of Official Conduct: Met in ex- to mark up S. Res. 126, to amend the Senate gift rule, ecutive session to consider pending business. 9:30 a.m., SR–301. AVIATION RELATIONS BETWEEN UNITED House STATES AND JAPAN Committee on Appropriations, to continue markup of the Committee on Transportation and Infrastructure: Sub- Labor, Health and Human Services, and Education Ap- committee on Aviation held a hearing on Aviation propriations for fiscal year 1996 and to mark up the De- Relations Between the United States and Japan. Tes- fense appropriations for fiscal year 1996, 8:15 a.m., 2360 timony was heard from public witnesses. Rayburn. Committee on Commerce, Subcommittee on Energy and GSA COURT CONSTRUCTION PROGRAM Power, hearing on H.R. 1663, Waste Isolation Pilot Committee on Transportation and Infrastructure: Sub- Plant Land Withdrawal Amendment Act, 9:30 a.m., committee on Public Buildings and Economic De- 2322 Rayburn. velopment held a hearing on GSA Court Construc- Subcommittee on Health and Environment, hearing on tion Program. Testimony was heard from Represent- Research Efforts with Respect to Combating Parkinson’s atives Lazio, Ortiz, Peterson of Florida and Clyburn; Disease and Other Neurological Disorders, 9:30 a.m., Robert Broomfield, U.S. District Judge, Phoenix, 2123 Rayburn. Arizona and Chairman, Committee on Security, Subcommittee on Oversight and Investigations, hearing Space, and Facilities, Judicial Conference of the on the Implementation and Enforcement of the Clean Air United States; and Thurman Davis, Acting Deputy Act Amendments of 1990, with emphasis on provisions Administrator, GSA. of Title III of the Act relating to the control of Hazard- SAVING MEDICARE AND BUDGET ous Air Pollutants, 10 a.m., 2325 Rayburn. Committee on Government Reform and Oversight, Sub- RECONCILIATION ISSUES committee on National Security, International Affairs, Committee on Ways and Means: Subcommittee on and Criminal Justice, and Subcommittee on Crime of the Health continued hearings on Saving Medicare and Committee on the Judiciary, to continue joint oversight Budget Reconciliation Issues. Testimony was heard hearings on Executive Branch Conduct regarding the from Representatives Cardin, McDermott, McCrery, Matter of the Branch Davidians, 9:30 a.m., 2141 Ray- Stenholm, Roberts, Gunderson, and Poshard; Bruce burn. Vladeck, Administrator, Health Care Financing Ad- Committee on Rules, to consider the following: H.R. 70, ministration, Department of Health and Human to permit exports of certain domestically produced crude Services; and public witnesses. oil; and H.R. 2076, making appropriations for the De- Hearings continue July 25. partment of Commerce, Justice, and State, the Judiciary, and related agencies programs for the fiscal year ending YUGOSLAVIA BRIEFING September 30, 1996, 10 a.m., H–313 Capitol. Permanent Select Committee on Intelligence: Met in execu- Committee on Standards of Official Conduct, executive, to tive session to receive a briefing on Yugoslavia. The take testimony regarding the ethics investigation of Committee was briefed by departmental witnesses. Speaker Gingrich, 10:30 a.m., HT–2M Capitol. D 896 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Friday, July 21 10 a.m., Friday, July 21

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Friday: Rule and general debate on H.R. H.R. 1817, Military Construction Appropriations, 1996. 2002, Transportation Appropriations for fiscal year 1996 At 10:20 a.m., Senate will resume consideration of (open rule, 1 hour of general debate); and H.R. 1944, Emergency Supplemental/Rescissions, 1995. Complete consideration of H.R. 1976, Agriculture Ap- propriations for fiscal year 1996.

Extensions of Remarks, as inserted in this issue

HOUSE Horn, Stephen, Calif., E1479 Packard, Ron, Calif., E1482 Kennedy, Joseph P., II, Mass., E1484 Pallone, Frank, Jr., N.J., E1478 Camp, Dave, Mich., E1477 Lantos, Tom, Calif., E1481 Rahall, Nick J., II, W. Va., E1483 Coyne, William J., Pa., E1484 Maloney, Carolyn B., N.Y., E1478 Rogers, Harold, Ky., E1477 DeLauro, Rosa L., Conn., E1482 Martini, William J., N.J., E1484 Schiff, Steven, N. Mex., E1482 Frazer, Victor O., The Virgin Islands, E1479 Meek, Carrie P., Fla., E1483 ´ Gunderson, Steve, Wis., E1483 Miller, George, Calif., E1480 Serrano, Jose E., N.Y., E1481 Hansen, James V., Utah, E1479 Neal, Richard E., Mass., E1477 Smith, Linda, Wash., E1477 Hastert, J. Dennis, Ill., E1483 Norton, Eleanor Holmes, D.C., E1478 Zimmer, Dick, N.J., E1485

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