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

Vol. 141 WASHINGTON, FRIDAY, JANUARY 13, 1995 No. 8 House of Representatives

The House met at 10 a.m. MESSAGE FROM THE SENATE The message also announced that the f A message from the Senate by Mr. Chair announces the following two ap- Hallen, one of its , announced pointments made by the Democratic PRAYER that the Senate had passed with an leader, Mr. Mitchell, during the sine die adjournment: The Chaplain, Rev. James David amendment in which the concurrence Pursuant to Public Law 103–236, the Ford, D.D., offered the following pray- of the House is requested, a bill of the er: House of the following title: appointment of Mr. MOYNIHAN and Samuel P. Huntington of New York, as During these days when our memo- H.R. 1. An act to make certain laws appli- members of the Commission on Pro- ries are filled with the life and work of cable to the legislative branch of the Federal Martin Luther King, Jr., we recall, O Government. tecting and Reducing Government Se- crecy. God, the works of justice that he did The message also announced that the Pursuant to section 114(b)(1) of Pub- and inspired others to do and we re- Senate had passed a bill of the follow- lic Law 100–458, the reappointment of dedicate ourselves to what we should ing title, in which the concurrence of be and to the good works that we can William Winter to a 6-year term on the the House is requested: Board of Trustees of the John C. Sten- do. You have created us as one people, S. 2. An act to make certain laws applica- of one mind and heart and soul, to re- nis Center for Public Training and De- ble to the legislative branch of the Federal velopment. flect the marvels of Your creation and Government. to show forth the gifts of every person. The message also announced that the The message also announced that Chair announces the following appoint- May the vision of a people bound to- pursuant to sections 42 and 43, of title gether by Your love, united by acts of ment made by the Republican leader, 20, United States Code, the Chair, on justice, and confirmed by deeds of un- Mr. DOLE, during the sine die adjourn- behalf of the Vice President, appoints derstanding and respect, make our ment: Pursuant to Public Law 103–359, Mr. COCHRAN and Mr. SIMPSON as mem- dreams a reality in our land and in our the appointment of Mr. WARNER and bers of the Board of Regents of the hearts. And may Your blessing, O gra- David H. Dewhurst of , as mem- Smithsonian Institution. cious God, that touches us in the bers of the Commission on the Roles The message also announced that depths of our being, be with us now and and Capabilities of the United States pursuant to Public Law 85–874, as evermore. Amen. Intelligence Community. amended, the Chair, on behalf of the The message also announced that the f President of the Senate, appoints Mr. Chair announces the following appoint- DOLE to the Board of Trustees of the THE JOURNAL ment made by the President pro tem- John F. Kennedy Center for the Per- pore, Mr. BYRD, during the sine die ad- The SPEAKER. The Chair has exam- forming Arts. journment: Pursuant to Public Law ined the Journal of the last day’s pro- The message also announced that 103–394, and upon the recommendation ceedings and announces to the House pursuant to Public Law 102–166, and of the Republican leader, the appoint- his approval thereof. upon the recommendation of the ma- ment of James I. Shepard of , Pursuant to clause 1, rule I, the Jour- jority leader, the Chair, in conjunction as a member of the National Bank- nal stands approved. with the minority leader, appoints Dr. ruptcy Review Commission. f Harriett G. Jenkins as Director of the The message also announced that Office of Senate Fair Employment pursuant to sections 1928a–1928d, of PLEDGE OF ALLEGIANCE Practices. title 22, United States Code, as amend- The SPEAKER. The gentleman from The message also announced that ed, the Chair announces, on behalf of Florida [Mr. PETERSON] will lead the pursuant to section 1024 of title 15, the Vice President, the following ap- House in the Pledge of Allegiance. United States Code, the Chair, on be- pointments, which were made during Mr. PETERSON of Florida led the half of the Vice President, appoints Mr. the previous Senate recess: Mr. DODD, Pledge of Allegiance as follows: ROTH, Mr. MACK, Mr. CRAIG, Mr. BEN- Mr. DASCHLE, and Mrs. HUTCHISON, to I pledge allegiance to the Flag of the NETT, Mr. SANTORUM, Mr. GRAMS, Mr. the North Atlantic Assembly Fall United States of America, and to the Repub- BINGAMAN, Mr. SARBANES, Mr. KEN- Meeting during the 2d Session of the lic for which it stands, one nation under God, NEDY, and Mr. ROBB, to the Joint Eco- 103d Congress, which was held in Wash- indivisible, with liberty and justice for all. nomic Committee. ington, DC, November 14–18, 1994.

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 233 H 234 CONGRESSIONAL RECORD — HOUSE January 13, 1995 READING THE CONTRACT WITH previously done and suggestions of ac- all, this kind of behavior discredits the AMERICA tions or business that they have before people’s House. (Mr. EHLERS asked and was given the Congress that they want you to be f permission to address the House for 1 aware of. minute.) We ought to know for the record WHAT ARE WE AFRAID OF? Mr. EHLERS. Mr. Speaker, our Con- what the facts were. (Ms. DUNN of Washington asked and tract With America states: on the first f was given permission to address the day of Congress, a Republican House House for 1 minute.) THE NEED FOR A BALANCED- will: force Congress to live under the Ms. DUNN of Washington. Mr. Speak- BUDGET AMENDMENT same laws as everyone else, cut one- er, the Democrats are trying to fright- third of committee staff, and cut the (Mr. CHRISTENSEN asked and was en the American people into thinking congressional budget. given permission to address the House that balancing the budget is going to We have done that. for 1 minute, and to revise and extend end modern civilization as we know it. In the next 91 days, we will vote on his remarks.) They would like us to believe that the the following 10 items: Mr. CHRISTENSEN. Mr. Speaker, phrase ‘‘living within means’’ will No. 1, a balanced budget amendment last week we did an amazing thing. The bring destruction to everyone and ev- and line item veto; House voted to live by the same rules erything in America. No. 2, a new crime bill to stop violent and laws that the rest of the American Mr. Speaker, balancing the budget criminals; people have to live by. Now, we need to simply means that we will control No. 3, welfare reform to encourage take the next step. We need to pass a spending and control growth to make work, not dependence; balanced budget amendment and put the Government less costly, smaller, No. 4, family reinforcement to crack Government under the same account- and more accountable to the American down on deadbeat dads and protect our ing system that the rest of the Amer- people. How can we be afraid of this? children; ican people have to deal with. Families Every hard-working American tax- No. 5, tax cuts for families to lift have to balance their checkbooks; so payer balances the budget every Government’s burden from middle in- should the Government. Families plan month—every hard-working American come Americans; and prepare for the future; so should taxpayer understands the meaning of No. 6, National security restoration the Government. Where I come from, living within one’s means. Why are we to protect our freedoms; families want to give their children a afraid of practicing this same ap- No. 7, Senior Citizens’ Equity Act to chance to have a better life than they proach? allow our seniors to work without Gov- did. They work hard and they plan Mr. Speaker, it is time to pass the ernment penalty; ahead. balanced budget amendment. It is time No. 8, Government regulation and un- They teach their children that to get our spending under control. It is funded mandate reforms; money does not grow on trees, that you time to make the Government account- No. 9, common sense legal reform to do not write checks unless you have able to the American people. We should end frivolous lawsuits, and finally money in your checking account, and not be afraid to do what is right. you keep your checkbook balanced. It No. 10, Congressional term limits to f make Congress a citizen legislature. is time for the Federal Government to This is our Contract With America. do the same. b 1010 f Mr. Speaker, I urge my colleagues to treat the Government’s checkbook as COMMENTS ON BOOK DEAL DETAILS SOUGHT ON THE they would their own, and join me in (Ms. DELAURO asked and was given MURDOCH BOOK DEAL supporting the balanced budget amend- permission to address the House for 1 (Mr. MILLER of California asked and ment. minute and to revise and extend her re- was given permission to address the f marks.) House for 1 minute, and to revise and Ms. DELAURO. Mr. Speaker, it seems extend his remarks.) A DEMAND FOR ACCOUNTABILITY a book could be written on what the Mr. MILLER of California. Mr. TO THE AMERICAN PEOPLE American people do not know about Speaker, I say to the Members of the (Mr. PETERSON of Florida asked the Speaker’s multimillion dollar book House it is time now for some candor and was given permission to address deal with one of publishing magnate about the meeting you had with Rupert the House for 1 minute, and to revise Rupert Murdoch’s companies. First we Murdoch and its relationship to your and extend his remarks.) were told the Speaker had not met book deal. The Congress of which you Mr. PETERSON of Florida. Mr. with Mr. Murdoch prior to signing his said you were the Speaker of the entire Speaker, a few days ago we were on book contract. Yesterday the New Congress, not just of the Republicans, this floor voting for numerous reforms York Daily News reported the Speaker deserves some answers about what of this House designed to bring more had indeed met with Mr. Murdoch, but took place at that meeting and what credibility to this great institution. At nothing of substance was discussed. you knew about the progression of your the time I spoke about passing reforms Today, the Wall Street Journal re- negotiations with Rupert Murdoch’s that would ensure that special inter- ported that, in fact, issues surrounding company for your book contract. ests did not compromise the work of pending legislation in which Mr. I think it also raises a about this body by restricting gifts and deals Murdoch has a direct interest were dis- whether or not public officials ought to from lobbyists. I also said that the cussed in the meeting. be allowed to engage in contracts for message the American people sent us This meeting does not directly imply private gain while they are doing the on November 8 was that they wanted us impropriety, but it does raise serious public’s business. To suggest that this to be personally accountable to them, questions that deserve answers. meeting was only a courtesy visit or not to special interests. Certainly they What exactly was discussed at this one of 30 visits that took place during do not want us to enrich ourselves meeting? Did the legislative issues that that day is to mislead the public. The through our public service. Unfortu- Mr. Murdoch is so interested in come oldest game in this town is to have a nately, over the past several days we up in the meeting? Like foreign owner- lobbyist, a lawyer, or a special interest have learned that our own Speaker has ships of U.S. media interests? Were the do you a favor and then a couple of met with special interests in such a details of the Speakers $4 million book days later ask one of their representa- way that suggests backroom dealing deal with Mr. Murdoch discussed? tives that they might arrange a cour- and with the appearance of using his Mr. Speaker, each day new revela- tesy visit to come by. What they are position for personal enrichment. I am tions are raising new questions. The doing in that visit is not courtesy; confident that the American people news reports create a cloud. That cloud what they are doing is cementing the will find this unacceptable in the way can best be cured by addressing with a relation between the favor that was we represent their interests. Worst of thorough and independent review the January 13, 1995 CONGRESSIONAL RECORD — HOUSE H 235 details surrounding the Speaker’s fi- Mr. BALLENGER. Mr. Speaker, I am is of great interest to State and local nancial empire. joined today by many of my colleagues governments, and to my constituents f in the introduction of legislation to re- on Guam. peal the Davis-Bacon Act. In one way We too have our share of the burdens CHANGE HAS COME or another, the act is expensive, infla- imposed by the Federal Government. tionary, unnecessary, restrictive, and (Mr. FUNDERBURK asked and was Recently, we have been confronted generally harmful to the structure and given permission to address the House with an unfunded mandate that illus- development of the construction indus- for 1 minute, and to revise and extend trates how difficult it is to receive try. The act adds billions of dollars to his remarks.) funding even when congressional intent Federal construction costs and the Mr. FUNDERBURK. Mr. Speaker, it to provide that funding is clear. American taxpayers are picking up the is the greatest honor of my life to be In 1986 Congress passed a law author- tab. standing in the well of this great izing completely unrestricted immigra- Enacted during the throes of the De- tion between Guam and three newly Chamber on behalf of the people of the pression, the Davis-Bacon Act requires Second District of North Carolina. independent Pacific Nations that were contractors on Federally funded con- formerly the U.S. Trust Territory. From Durham and Rocky Mount to struction to pay the prevailing wage. Lillington and Southern Pines, my Anticipating the impact on Guam of Now, more than 60 statutes incorporate this Federal policy, Congress also au- constituents sent a clear message to the Davis-Bacon wage requirements by Washington on November 8. thorized Guam to be reimbursed for reference. In some instances, coverage costs resulting from this immigration. They want the power and authority of the Davis-Bacon Act has been fur- of the Federal Government returned to While Guam incurred over $45 million ther extended to situations in which in costs, over the past 7 years Congress them and to the States. the Federal Government merely has an appropriated $2.5 million in its first They want radical changes in the interest through ownership participa- payment to Guam last year—a notice- failed liberal programs of the past. tion, funds guaranty, or cases where able improvement but still too little But, most of all they want Washing- the Federal Government contributes a too late. ton out of their pockets and off their minimal amount to a State or local backs, as Ronald Reagan so eloquently project. Uncle Sam, if you are not careful, put it. The rationale for special wage pro- you may soon be known on Guam as a I am pleased to report that we are on tection was never very persuasive but deadbeat uncle. our way. This new Congress marks the Davis-Bacon has remained in place f end of business as usual in the Nation’s since 1931, giving some construction Capital. We have already begun to get workers a bonus at the bargaining KEEPING THE PROMISE OF A the people’s house in order beginning a table at the taxpayer’s expense. For ex- BALANCED BUDGET new era of accountability. Next week ample, electricians working in Phila- we will get to work on tightening Gov- delphia on a Davis-Bacon project are (Mr. WELLER asked and was given ernment’s belt with a balanced budget paid $37.97 an hour compared with elec- permission to address the House for 1 amendment, then we will reform wel- tricians on a private contract who are minute and to revise and extend his re- fare, cut taxes, and restore the morale paid an average of $15.76 an hour. marks.) of our military. We have changed the The Congressional Budget Office esti- Mr. WELLER. Mr. Speaker, last way Congress does business, now we mates that the Davis-Bacon Act raises week, Republicans began the passage of will change the business Congress does. Federal construction costs nearly $1 the contract with America. We are It is truly a new day in Washington and billion a year. Repeal of the act would changing the way Congress does busi- a new day for the people of eastern allow the Federal Government to fund ness, and we are changing the business North Carolina. more construction projects with the Congress does. No longer will we pander to the big f money which is being spent, or to get the planned construction done for less government, big bureaucracy legisla- STOP THE VIOLENCE money. tion as Congress has in the past. We want to make the Government smaller, (Ms. FURSE asked and was given per- Finally, the Davis-Bacon Act is de- less costly, and more effective for the mission to address the House for 1 monstrably unnecessary. Despite American taxpayer. To begin on this minute, and to revise and extend her claims by labor leaders that workers journey we must pass a balanced budg- remarks.) would be victimized and exploited et amendment. Ms. FURSE. Mr. Speaker, every without Davis-Bacon, unionized con- In the next week, we will have on the night on television we see the horrors struction firms do compete effectively floor legislation to make the Govern- of war. We see children killed in places in many private markets where Davis- ment live under a balanced budget. whose names we didn’t even know. But Bacon does not apply. The Fair Labor This concept makes sense to the Amer- I want to talk today about a war on Standards Act, which was enacted 7 ican people—they live under a budget. much more familiar grounds, our own years after the enactment of Davis- Bacon, establishes a minimum wage It is time to make the Government do beloved America. and overtime rate of 11⁄2 times the the same. There was a small story in the Wash- hourly rate for employees working We will keep our promise to the ington Post 2 days ago of two children more than 40 hours in a week. American people to bring a balanced killed by gunfire. There was not a big By repealing the Davis-Bacon Act, budget amendment to the floor. It is up headline. the taxpayers will be saved an esti- to my colleagues on both sides of the Well, no wonder. Because an average mated $3.1 billion in construction costs aisle to make sure it is passed. of 13 children a day are killed in Amer- and bureaucratic overhead over the ica from gunfire in America. In 1993, next 5 years. Sixty-three years of arti- f there were over 24,000 murders in this ficially high construction costs are country, and 17,000 of those were from enough. I urge my colleagues to join DISCLOSURE ON BOOK DEAL gunfire. me in supporting repeal of the Davis- NEEDED Mr. Speaker, it is time we had a Bacon Act. (Mr. DURBIN asked and was given peace treaty in America. It is time we f permission to address the House for 1 stop the violence. minute and to revise and extend his re- f UNFUNDED MANDATES marks.) (Mr. UNDERWOOD asked and was Mr. DURBIN. Mr. Speaker, Speaker LEGISLATION TO REPEAL THE given permission to address the House GINGRICH has said that his multi- DAVIS-BACON ACT for 1 minute and to revise and extend million dollar book deal was ‘‘like win- (Mr. BALLENGER asked and was his remarks.) ning the lottery.’’ Well, not quite, Mr. given permission to address the House Mr. UNDERWOOD. Mr. Speaker, the Speaker. Your lottery was no game of for 1 minute.) Unfunded Mandate Reform Act of 1995 chance. You see, Mr. Speaker, you were H 236 CONGRESSIONAL RECORD — HOUSE January 13, 1995 the only one holding a lottery ticket. PERMISSION FOR COMMITTEE ON Mr. BONIOR. Mr. Speaker, continu- And in addition, your lottery price was GOVERNMENT REFORM AND ing my reservation of objection, I yield being decided by Rupert Murdoch and OVERSIGHT TO FILE REPORT ON to the gentleman from New York [Mr. his publishing empire, a man who has H.R. 5, UNFUNDED MANDATE RE- SOLOMON]. Will the gentleman from extensive issues pending before Federal FORM ACT OF 1995 New York, the chairman of the Com- agencies. Mr. CLINGER. Mr. Speaker, I ask mittee on Rules, care to respond to This morning’s Washington Post re- unanimous consent that the Commit- whether or not we will see an open rule ported that many publishing compa- tee on Government Reform and Over- on this? nies refused to bid on the Speaker’s sight have until midnight tonight to Mr. SOLOMON. Mr. Speaker, if the book contract when Mr. Murdoch file a report on H.R. 5, the Unfunded gentleman will yield, I would be glad to raised the offer into the millions of Mandate Reform Act of 1995. respond to my good friend, a former dollars. The SPEAKER pro tempore (Mr. member of the Committee on Rules. The Republicans and Speaker GING- EWING). Is there objection to the re- Mr. BONIOR. Still am a member. quest of the gentleman from Penn- RICH have promised us new openness in Mr. SOLOMON. The gentleman has dealing with the House of Representa- sylvania? taken a leave of absence, I understand, Mr. BONIOR. Mr. Speaker, reserving tives and politics in Washington. Let out of the goodness of his heart. the right to object, at this time I do us start with openness and full disclo- Mr. BONIOR. The gentleman will see not intend to object, but under my res- me in there. sure on this multimillion dollar book ervation I would like to engage in a deal. It is time for the Speaker to not Mr. SOLOMON. The gentleman from brief colloquy with my friend, the gen- Pennsylvania [Mr. CLINGER], has re- only release the contract, but to come tleman from Pennsylvania [Mr. clean with the American people about quested of our Committee on Rules an CLINGER]. open rule. It is the intention that we all the circumstances surrounding it. b 1020 will grant an open rule. f The gentleman from Pennsylvania We will hold that hearing at 11 on knows of the concern on our side of the Wednesday, and the gentleman is wel- THE OSCE STATEMENT ON aisle on this issue. The fact is that this come to come up and testify. CHECHNYA issue, which is extremely important to I might point out that we did hold a (Mr. SMITH of New Jersey asked and this Nation, an issue that deals with hearing on the subject of this bill. We was given permission to address the questions like toxic waste, safe drink- did not limit it to just title III, which House for 1 minute and to revise and ing water, clean water, child safety, all was our jurisdiction in the Committee extend his remarks.) of these very important issues wrapped on Rules. We allowed the full discus- Mr. SMITH of New Jersey. Mr. into this significant piece of legisla- sion on the entire bill. We offered the Democrat minority the opportunity for Speaker, the Permanent Council of the tion, was discussed and marked up on Members to come and testify, as well OSCE has adopted a statement on the same day as the committee was or- ganizing, without a hearing, although as the private sector. And the minority Chechnya which emphasizes the seri- one member of the gentleman’s side of did produce three people to testify. It ousness of the violation of human the aisle testified and none on our side was a very informative meeting. rights and international humanitarian was allowed to testify, but no hearings From that, we came to the decision law that has characterized the Russian on this. we should put out an open rule and let military action in Chechnya. As I understand it, a large percentage the House work its will, because it is Affirming that respect for OSCE of the gentleman’s committee now are probably one of hte most important commitments is a legitimate concern new Members who have had, frankly, bills that will come before this House of all signatory states, the OSCE has no experience with this particular leg- during this 104th Congress, especially called for an immediate ceasefire and islation in the past. in the eyes of the taxpayers of this Na- the beginning of negotiations for a po- We on this side have very grave con- tion. litical settlement, while respecting the cerns about waiving the rules, as the Mr. BONIOR. Mr. Speaker, further territorial integrity of the Russian gentleman is asking for on this legisla- reserving the right to object, I would Federation. tion. Normally I believe he would be say to my friend the gentleman from Mr. Speaker, the OSCE had welcomed able to file on Tuesday. The gentleman New York, that while there were no wants to file it tonight. Russia’s stated willingness to cooper- hearings in the primary committee While we understand the need to ate with the OSCE in stabilizing the re- that deals with this, Government Oper- move on, we are concerned about the gion and restoring constitutional order ations, the Committee on Rules al- process here. We are concerned about: and in the early dispatch of an OSCE lowed three people from the entire Is this going to be the norm? Is this mission to that country. However, it country to participate, that is all, in going to be the standard on which we now appears that the Russians may on this side of the aisle will have to this process. permit an OSCE peace mission only live and have to react in terms of our Mr. SOLOMON. Mr. Speaker, if the after the offensive has ceased. That is ability to get our point of view across gentleman will continue to yield, I will totally unacceptable. without hearings, without adequate say to my good friend we absolutely Mr. Speaker, any delay means more preparation by the new Members who did not limit it. The gentleman was carnage, more dead civilians, more are on the committee? welcomed to have 5 or 10 witnesses, in- dead soldiers. The OSCE mission must I would like to ask the gentleman cluding Members of Congress, and the be allowed immediate access to from Pennsylvania, first of all, if he in- only panel that was asked for was the Chechnya, and this must be done with tends to go to the Committee on Rules three from the private sector. It was dispatch. and ask for an open rule on this? completely open to as many as the gen- Mr. Speaker, for many days the ad- Mr. CLINGER. Mr. Speaker, will the tleman would have desired. ministration has called this aggression gentleman yield? Mr. BONIOR. Further reserving the an internal affair. Thankfully there Mr. BONIOR. I yield to the gen- right to object, Mr. Speaker, I would has been a shift in the administration’s tleman from Pennsylvania. yield to another former member of the Committee on Rules, one of our strong position. Mr. CLINGER. Mr. Speaker, I am advocates for the issues which I enu- Next week as chairman of the Hel- happy to inform the gentleman that it is my intention, and I believe it would merated earlier on for discussion of sinki Commission, I plan to hold a be concurred in by the chairman of the this issue, and gentlewoman from New hearing on this important matter, and Committee on Rules, to ask for a com- York [Ms. SLAUGHTER]. hopefully we will see some progress pletely open rule, and I believe that it Ms. SLAUGHTER. Mr. Speaker, I then and now. has already been signaled that that thank the gentleman for yielding to will be the case. me. January 13, 1995 CONGRESSIONAL RECORD — HOUSE H 237 I want to say at the outset that there which were distributed to most minor- not lie that the amendment had not is no one more admired by the minor- ity Members on January 5. The actual been read. There is no precedent of ity than the gentleman from Penn- printed version of H.R. 5 was not avail- which we are aware for such a decision. sylvania [Mr. CLINGER]. We know him able until Friday, January 6. The After the amendment of Representa- to be fair. We hold him in high esteem markup was held 2 legislative days tive MORAN was defeated, Representa- and even affection. But I would like to later on Tuesday, January 10. tive KANJORSKI was recognized. He at least make some points that hap- The limited time for reading the bill, stated that he had a substitute at the pened the other day that we think were receiving comments on the bill, and desk, and in response to questions from very devastating, really, to the public’s drafting amendments, seriously im- the Chair indicated that it was dif- right to know. pinged upon the Members’ ability to ferent from the Moran amendment. The first thing is that there really is craft thoughtful amendments. The Chair ruled that based upon dis- no emergency to rush this bill through. I want to point out that the markup cussions with the Parliamentarian, The effective date of the bill is October began with the acceptance of testi- only one substitute could be offered 1, 1995, so regardless of our action on mony of a Member of Congress who was during the consideration of section 1, this request, there would be no opera- not a member of the committee in vio- and one substitute could be offered at tive effect if the bill’s report were filed lation of our rights. the end of the bill. A point of order was today or Tuesday. Frankly, this is After an opening statement by the made against the ruling, noting that about politics, not policy. chairman and ranking member, the under House rules, unlimited sub- I want to note that in their rush to chairman recognized Representative stitutes could be offered, assuming pre- bring this bill to the floor, debate was ROB PORTMAN, not a member of the vious substitutes were defeated. It was stifled so that the bill could be re- committee, who was seated at the denied. ported by our committee. There were clerk’s table, to make a statement con- We subsequently were advised by the several unprecedented breaches in our cerning the bill. Parliamentarian that multiple sub- rights to consider legislation that oc- Minority Members made points of stitutes were in order. curred. order contending that the Chair had no In the middle of the markup, the For example, there were no hearings. right to recognize Members who were On Tuesday, January 3, 1 day before not members of the committee to Chair ruled that based upon advice of the opening of the 104th Congress, the make statements. A point of order was the Parliamentarian, the committee minority staff was informed by the ma- made that the acceptance of the would not be allowed to offer amend- jority staff that the unfunded man- Portman testimony constituted a hear- ments to sections 201 and 202, and sec- dates legislation would be considered ing that violated both committee rules tions 301, 302, and 303. The ruling was on Tuesday, January 10, on the same and House rules. A point of order was subsequently amended to include all of day as the organizational meeting of made that the decision to accept testi- title III, and then amended again to the committee. mony from Representative PORTMAN provide committee jurisdiction over The following day, January 4, rank- denied the minority their right under the new section 424(e) of the Congres- ing member, CARDISS COLLINS met with rule XI, clause 2(j)(1) to call witnesses sional Budget Act of 1974 as added by Chairman CLINGER and gave him a let- selected by the minority. Members also section 301 of H.R. 5. ter requesting public hearings and suf- requested an opportunity to question The ruling had the effect of permit- ficient time to review the legislation. Representative PORTMAN, which was ting the committee only to consider On Friday, January 6, Chairman denied, despite rule XI, clause 2(j)(2) the 1-year study commission in title I, CLINGER refused the request. which provides an opportunity to mem- the bill’s definitions, purposes, and ex- The fact that two hearings were held bers of the committee to ask questions clusions. The main portions of the bill on the subject of unfunded mandates in under the 5-minute rule. which define unfunded mandates and the last Congress is irrelevant. The bill In each case, the chair ruled against establish a point of order against bills that was introduced on January 4, 1995, the points of order, with the justifica- that fail to provide various budget is a new bill. It is different from any tion that the Chair has the prerogative analyses and an ability for agencies to bill considered in the previous Con- to recognize whomever he chooses. ignore enforcement of unfunded man- gress. At the end of Representative dates, as well as the provisions relating Moreover, 31 out of 51 of the members PORTMAN’s testimony, he thanked the to agency regulatory analyses were of our committee did not serve on the Chair for the opportunity to testify at placed off limits. Under the Chair’s rul- committee in the past Congress. this hearing. ing, the Committees on Budget, Rules, The request for public hearings is not I would note that several rulings of and Judiciary, which received only a a matter of procedure alone. Key the Chair impinged upon our rights to very limited sequential referral would groups that are affected by mandates offer amendments. be responsible for considering these were not involved in the drafting proc- At the beginning of the markup, key provisions. Under the ruling, the ess, and have had no chance to be heard after the reading of section 1 of the committee could not even consider in the debate. These include ordinary bill, Representative MORAN offered an changing the effective date contained citizens who may benefit from clean amendment in the nature of a sub- in section 306. water and air, who have children re- stitute. Discussion of the amendment The Tuesday markup of H.R. 5 was ceiving special education or immuniza- began despite the fact that the amend- the first markup of the 104th Congress, tions, or who have parents receiving ment had not yet been read. This prob- and therefore the first markup con- social security benefits. They include lem was brought to the attention of ducted by the Chair. We do not wish workers who receive the benefits of the Chair. that these procedural concerns be con- workplace protections, and minimum After very limited debate, Represent- sidered as a personal attack on the wage laws. They include private com- ative BURTON moved the previous ques- Chair. Indeed, we do not question the panies that are concerned by the com- tion, and a point of order was raised by Chair’s personal motives. However, all petitive disadvantage that they would Representative WAXMAN and others of these abuses were the direct result face if publicly owned competitors that the amendment had not yet been of the apparent orders to the Chair to were not required to comply with the read, and that therefore there had been move the bill out of the committee at same laws with which they comply. no opportunity to offer amendments to all costs. As the letter from the chair- I would note that this timetable has the Moran amendment. The point of man quoted above states, because of seriously reduced Members’ oppor- order was denied. Subsequently, a the pledge to enact laws within 100 tunity to review the bill. point of order raised after the previous days, ‘‘the Committee on Government The ranking member and the minor- question had been ordered was denied Reform and Oversight has been asked ity staff were given a xeroxed copy of because it came too late. The Chair ap- to move this bill as quickly as pos- the bill from the majority staff late in peared to rule that the fact that debate sible.’’ It is clear that the effort to the afternoon on Wednesday, January had begun on the Moran amendment bring the bill as quickly as possible 4. The minority xeroxed further copies prior to its reading, a point of order did was accomplished by trampling the H 238 CONGRESSIONAL RECORD — HOUSE January 13, 1995 rights of the minority under the House Mr. ARMEY. I thank the gentleman tee staff were being handled and Mem- rules. for yielding, Mr. Speaker. bers’ offices were being handled. Nonetheless, Mr. Speaker, we in the Mr. Speaker, next week the House However, it came to our attention minority do not wish to use dilatory will not be in session on Monday in ob- late yesterday that Members on the tactics to make our points, and I will servance of the Martin Luther King gentleman’s side of the aisle, while he not object to the gentleman’s request. holiday. was still the majority, had dismissed What we do want is an honest debate of We will meet on Tuesday. At the re- some people on the 1st, 2d, and 3d of the issue, at which time our amend- quest of the minority we will meet at January. ments would not be dismissed. There- 9:30 for morning hour. We will consider The motion that we had instructed fore, Mr. Speaker, I will not object. one suspension, S. 2, the Congressional was at the beginning of the time that Accountability Act. we became the majority, so the delay b 1030 We intend to ask, by unanimous con- between today and Tuesday is to ac- Mr. BONIOR. Mr. Speaker, further sent, to deal with accrued leave on commodate your side of the aisle, to reserving the right to object, I would Tuesday, but I must advise the minor- make sure no one is left out of the ac- just conclude by suggesting that we ity, we are still working out the de- crued leave. hope in the future that the rights of tails. We are working with the minor- We are working out an amendment the minorities in committees will be ity. We think we are very likely able to which will extend the time frame into respected, that we will have full oppor- raise that point also on Tuesday. the 103d Congress, covering those em- tunity for hearings. If votes are ordered on Tuesday, they ployees on the 1st, 2d, and 3d. So the Mr. CLINGER. Mr. Speaker, will the will be detained until after 5 o’clock. delay is to make sure that everyone is gentleman yield? On Wednesday we will be in pro accommodated. That is the reason for Mr. BONIOR. I yield to the gen- forma session, beginning at 11 o’clock. the delay. tleman from Pennsylvania. Thursday, the House will meet at 10 Mr. BONIOR. I thank my colleague Mr. CLINGER. Let me say that I rec- o’clock and consider the rule on H.R. 5, for the explanation. I was not aware of ognize this was an extraordinary, but unfunded mandates legislation. Pend- that. I was aware that the gentleman not unprecedented, procedure that was ing passage of the rule, we will proceed from California [Mr. FAZIO] had signed engaged in, Mr. Speaker. I want to as- to 2 hours of general debate on H.R. 5. off on the legislation, and the gen- On Friday, the House will meet at 10 sure the gentleman from Michigan [Mr. tleman from Arizona [Mr. PASTOR] BONIOR], the minority whip, that this is o’clock and take up amendments to came all the way in from Arizona to do not a procedure that I would intend to H.R. 5, and early, as promised, the it today, so you can imagine the dis- pursue on a regular basis. House will adjourn by approximately 3 appointment on our side when we heard My full intention would be to hold o’clock on Friday. that it was not happening. Mr. BONIOR. Mr. Speaker, I would hearings on matters that would come We will look into the gentleman’s pose this concern to my friend, the under the jurisdiction of our commit- concerns, and I thank him for clarify- gentleman from Texas. Over the years tee in an orderly fashion and proceed ing that. we have on this side of the aisle, when to markup, but this was not an unprec- I would also ask my friend, the gen- we were in the majority, had a tradi- edented action. I would remind the tleman from Texas [Mr. ARMEY], when tion of notifying the minority of our gentleman that in the past my com- we do the balanced budget amendment, schedule on Thursday. There have been mittee, which was formerly under the when it goes to the Committee on exceptions to that, but they were ex- control of your party, did indeed waive Rules, does the distinguished majority tremely rare. We have consistently jurisdiction over a number of bills leader anticipate an open rule on that over the years paid the minority the which were then brought to the floor particular piece of legislation as the for consideration, primarily on the courtesy of providing them with infor- mation in advance. gentleman from Illinois [Mr. HYDE], Budget Reform Act. This information that my friend, the the chairman of the committee, has So I agree that it was an extraor- gentleman from Texas, is giving us this suggested? dinary procedure, and I assure the gen- morning is new. We just received this Mr. ARMEY. If the gentleman will tleman it will not be followed on a rou- information. I would hope in the future continue to yield, to return to an ear- tine basis, but that it was not unprece- that we would have the ability to know lier point, there is a whip notice that is dented. further in advance what the schedule going out perhaps as we speak to notify Mr. BONIOR. Further reserving the will be for the following week. Members of the schedule for next week. right to object, Mr. Speaker, I am glad The second point I would make to the These are extraordinary times, and I to hear the new chairman of the com- gentleman is that I am disappointed can assure the gentleman that as we mittee is pledging to us today that this that the accrued leave bill is not before proceed with the rest of the year, we procedure will not be the norm and will us today. I hope that we will have it will do our very best to minimize the not be followed, and that we will have before us on Tuesday, and we will be gentleman’s disappointments. full and open debate in hearings in the able to vote on it. The people who have b future. earned these leave days by the sweat of 1040 With that, Mr. Speaker, I withdraw their brow, by working for this institu- We are working on the rule for the my reservation of objection. tion, deserve to know that they will balanced budget amendment, and to The SPEAKER pro tempore. Is there have what is coming to them, and what this point we have determined that we objection to the request of the gen- they have earned, so I hope that we will be asking a preprinting require- tleman from Pennsylvania? will move forward on this Tuesday. We ment. We are most likely to not allow There was no objection. will be extremely disappointed if that amendments except amendments in the f does not happen. nature of a substitute. Mr. THOMAS of California. Mr. If the gentleman has any further LEGISLATIVE PROGRAM Speaker, will the gentleman yield? questions, the distinguished chairman (Mr. BONIOR asked and was given Mr. BONIOR. I yield to the gen- of the Committee on Rules I am sure permission to address the House for 1 tleman from California. would be more than happy to address minute.) Mr. THOMAS of California. The gen- them. Mr. BONIOR. Mr. Speaker, I would tleman needs to know that this side Mr. BONIOR. I do have further ques- engage the distinguished majority was ready and willing to take up the tions I would ask my friend from New leader in a colloquy on the schedule accrued leave, which the gentleman York if he intends to limit the number next week. from California intended not just to of amendments in the nature of a sub- Mr. ARMEY. Mr. Speaker, will the cover committee Members but personal stitute or are we going to have an open gentleman yield? staff as well, since I was concerned expression of a variety of different sub- Mr. BONIOR. I yield to the gen- about the separation that was occur- stitutes on this particular piece of leg- tleman from Texas. ring between the way in which commit- islation? January 13, 1995 CONGRESSIONAL RECORD — HOUSE H 239 Mr. SOLOMON. I would say to my SPECIAL ORDERS of $430.2 million in fiscal year 1994, and good friend that the gentleman knows The SPEAKER pro tempore. Under the House fiscal year 1994 legislative that under former Presidents of the the Speaker’s announced policy of Jan- branch appropriations bill included a Democrat majority rule when we have uary 4, 1995, and under a previous order fiscal year 1995 funding level of $439.5 had constitutional amendments come of the House, the following Members million—an increase of $9.4 million. to the floor, we are following generally will be recognized for 5 minutes each. The final fiscal year 1995 conference re- the same procedure, because it is so f port for legislative branch appropria- terribly complex. I would hope that we tions included $449 million for GAO, $10 could entertain any legitimate sub- A VIEW ON THE BALANCED million more than the House-passed stitute and have it made in order. How- BUDGET AMENDMENT bill. This Member’s amendment would ever, there is going to be a constraint The SPEAKER pro tempore. Under a have reduced the fiscal year 1995 fund- of time. Probably an ample number of previous order of the House, the gentle- ing level of GAO to $408.7 million, a re- amendments might be three or four on woman from Texas [Ms. JACKSON-LEE] duction of $30.9 million from the com- your side and possibly one on our side is recognized for 5 minutes. mittee-approved bill, and $21.5 million that may not be supported by the Re- Ms. JACKSON-LEE. Mr. Speaker, the Great below fiscal year 1994’s funding level. publican leadership necessarily. Depression dealt the biggest economic blow This Member strongly believes that We want to be fair to everyone. We this Nation has ever faced. The epidemic GAO is an agency where growth is out want to give everybody their fair shot. seemed never-ending, sweeping everything of control. It is an agency which also I would hope that that is the procedure away in its path of economic destruction. has not been responsive to individual we could arrive at. In the election of 1932, with the economy Members, especially those who serve in We are going to be holding that hear- still contracting, Franklin Roosevelt com- the minority. The quality of work pro- ing, incidentally, on Monday, January plained of Hoover's deficit spending and duced by the GAO is increasingly shod- 23, that is a week from Monday, at 1 raised the issue of the need to balance the dy. While the quality of the work var- p.m. Again we hope that the member- Federal budget. However, by the end of the ies dramatically, unfortunately and in- appropriately, all GAO reports are ship will come up and we can discuss it decade, the economy was improving under given the same high respect and credi- and we would be glad to consult with the direction of President Roosevelt and his bility simply because they are GAO the minority. New Deal policies, without calling for a con- products. The level of personnel and Mr. BONIOR. Does the gentleman in- stitutional amendment. Now, in 1995, we are visiting this issue again. As we dialog today, budgetary resources provided to GAO tend to employ a procedure known as though, we must reflect on the lessons for its work now is excessive and has king-of-the-hill or queen-of-the-hill or learned from yesterday. grown disproportionately when com- do you plan on inventing a new proce- As students of the economy, we know that pared with other congressional support dure for us and surprising us? if an economy is operating below its capacity agencies. In addition, GAO resources Mr. SOLOMON. The gentleman to produce, the result is a cause for cyclical are also used in certain questionable knows that this gentleman has always downturn. And if the Government needs to cases for consultants, training, and for been opposed to king-of-the-hill, where raise revenues or must spend lessÐrequire- various unnecessary expenses. Concern a substitute or an amendment could ments that will be unconditionally placed on has also been expressed that GAO is pass not having received the largest this institution if the balanced budget amend- more interested in getting headlines number of votes. That is not going to ment is passedÐeconomic activity depresses than in supporting the Congress with happen anymore. If we have any proce- further. Therefore, the efforts during the early required information. dure at all, it will be the fair procedure 1930's to balance the budget might be theo- From 1985 to 1993, the number of GAO of the substitute passing with the most retically counted as an economic contributor to investigations doubled from 457 per votes wins. That is the way it should be prolonging the depression cycle. year to 915. In addition, GAO’s budget on the floor of this House, and that is This lesson rings as a reminder that there jumped from $46.9 million in 1965 to our the way it should be in any committee. are situations which require economic re- current spending level of $449 million, a Mr. BONIOR. I thank my colleague sponses other than constitutionally mandating percentage increase of nearly 1,000 per- from New York and my friend from that the Federal budget be balanced. cent in unadjusted dollars. Texas. I urge my colleagues to further dialog on In fiscal year 1994, the number of full- this issue. time equivalent positions at GAO were f f reduced from the fiscal year 1993 amount by approximately $6 million ADJOURNMENT TO TUESDAY, BUDGET CUTS NEEDED FOR GAO and 100 positions. However, additional JANUARY 17, 1995 The SPEAKER pro tempore. Under a cuts are still needed to account for the Mr. ARMEY. Mr. Speaker, I ask previous order of the House, the gen- past growth at this agency, which this unanimous consent that when the tleman from Nebraska [Mr. BEREUTER] Member will outline. In 1980, for exam- House adjourns today, it adjourn to is recognized for 5 minutes. ple, funding for GAO staff cost $204 mil- meet at 9:30 a.m. on Tuesday, January Mr. BEREUTER. Mr. Speaker, as the lion. By 1985 that had grown to $299 17, 1995. 104th Congress begins to examine areas million. In 1988 it was $330 million, and The SPEAKER pro tempore (Mr. to cut Federal spending, this Member in 1989, $346 million. The average in- EWING). Is there objection to the re- would like to convey his strong support crease between 1980 and 1990 was 8 per- quest of the gentleman from Texas? for reduced funding levels for the Gen- cent per year. Then, in 1991, GAO was There was no objection. eral Accounting Office [GAO], an inves- increased by 14 percent, to a total of tigative arm of the U.S. Congress. $409 million. In 1992, GAO received an- f Last year during consideration of the other 8-percent increase to $443 mil- fiscal year 1995 legislative branch ap- lion. DISPENSING WITH CALENDAR propriations bill, this Member offered The GAO is the largest support agen- WEDNESDAY BUSINESS ON an amendment to cut funding for GAO cy for Congress, and, incredibly, its WEDNESDAY NEXT by 5 percent below the fiscal year 1994 budget represents more than one-quar- Mr. ARMEY. Mr. Speaker, I ask level. Unfortunately, this amendment ter of the total fiscal year 1995 legisla- unanimous consent that the business failed by a close vote even though tive branch appropriations. GAO’s in order under the Calendar Wednesday three committee chairmen vigorously budget is 71⁄2 times the size of the Con- rule be dispensed with on Wednesday worked against it on the House floor. gressional Research Service, 19 times next. Mr. Speaker, during a time when the the size of the Congressional Budget The SPEAKER pro tempore. Is there American public has called for reduced Office, and 20 times the size of the Of- objection to the request of the gen- Federal spending, the GAO has contin- fice of Technology Assessment. tleman from Texas? ued to undergo funding increases. Most According to a Democratic Study There was no objection. recently, GAO received a funding level Group [DSG] special report issued on H 240 CONGRESSIONAL RECORD — HOUSE January 13, 1995 May 24, 1994, in January 1994 the num- administration has admitted that regu- on the regulatory redtape and provide ber of GAO employees was 4,597. This lations cost Americans at least $430 bil- more freedom for all Americans to go level is nearly as large as the staffing lion each year. Leading economists about their business. level of 4,617 for the entire Library of have projected that Federal regulation Congress—the largest library in the costs the average family between $8,000 f world—which also includes the staff of and $10,000 a year. The hidden tax of the Congressional Research Service. regulations affects everyone, and the SPECIAL ORDERS Mr. Speaker, here is something that middle class is hit hardest of all. Moms The SPEAKER pro tempore. Under should catch the attention of the pay higher prices to put food on the the Speaker’s announced policy of Jan- House and the Congress. According to table, and mothers and fathers pay uary 4, 1995, the gentleman from Colo- this same study, in 1994, GAO’s staffing higher prices for shoes for their chil- rado [Mr. MCINNIS] is recognized for 15 level was nearly 21⁄2 times as large as dren and for all kinds of services. Our minutes as the designee of the major- the 1,849 House committee staff mem- mothers, our wives, our daughters are ity leader. bers—during the 103d Congress, and subject to greater risks of breast can- more than one-half as large as the 7,340 cer because of the bungling at the FDA [Mr. MCINNIS addressed the House. individuals employed by all of the and the bureaucratic redtape that it His remarks will appear hereafter in Members of the House together. takes to get new products on the mar- the Extensions of Remarks.] The DSG study also compares fund- ket. Small business men and women f ing levels for the legislative branch spend over $1 billion each year filling from 1979 to 1994, in inflation-adjusted out redtape and other forms that the SPECIAL ORDERS GRANTED dollars. According to the DSG, the Federal Government requires. You By unanimous consent, permission to General Accounting Office has received know, Mr. Speaker, it has taken a address the House, following the legis- one of the largest increases in funding shorter time than that to win wars in lative program and any special orders for the entire legislative branch at an this country. heretofore entered, was granted to: inflation-adjusted level of 13.5 percent While these very human costs alone (The following Member (at the re- during this time period. justify the moratorium on regulation, quest of Mr. BONIOR) to revise and ex- Mr. Speaker, my colleagues, now there is an even more ominous threat tend their remarks and include extra- hear this: The funding for other areas to our society that is not reflected in neous material:) of the legislative branch have actually the figures that I mentioned. I am Ms. JACKSON-LEE, for 5 minutes, declined since 1979 in inflation-adjusted speaking of the strangling choke hold today. dollars, according to this study. For that bureaucratic redtape has on (The following Members (at the re- example, the Library of Congress re- American spirit. Perhaps the most elo- quest of Mr. BEREUTER) to revise and ceived a 17.6 percent reduction, CBO quent expression of this was made over extend their remarks and included ex- was reduced by 3.8 percent, and Mem- 150 years ago by Alexis DeToqueville traneous material:) bers’ staff has even been reduced by 6.4 who observed that if America was ever Mr. GILLMOR, for 5 minutes, on Janu- percent in inflation-adjusted dollars to be ruled by a tyrant again it would ary 17 and 19. since 1979. But, again, the GAO has an come not in the form of a human ty- Mr. BEREUTER, for 5 minutes, today. inflation-adjusted increase in its budg- rant, but in the form of a choking fog et of 13.5 percent. of regulation. f In closing, Mr. Speaker, this Member Mr. Speaker, this Congress has been EXTENSION OF REMARKS strongly urges his colleagues to sup- elected to liberate the middle class and port efforts to reduce the funding level all Americans from this choking fog of By unanimous consent, permission to of the GAO. This Member will continue regulation. Next Thursday, January 19, revise and extend remarks was granted to support any Budget Committee or the House Subcommittee on National to: Appropriations Committee efforts re- Economic Growth, Natural Resources (The following Members (at the re- garding this matter and offer assist- and Regulatory Affairs will hold hear- quest of Mr. MCINTOSH) and to include ance in accomplishing this objective. If ings on our bill to create a regulatory extraneous matter:) such appropriate cuts are not forth- moratorium and to do just that. Mr. COYNE. coming, this Member will prepare to On December 12, House Republican Mr. PACKARD. again offer budget reduction amend- and Senate leaders asked President Mrs. LINCOLN. ments for the GAO to be offered on the Clinton to voluntarily freeze new regu- Ms. PELOSI. House floor. lations for the first 100 days of the new (The following Members (at the re- quest of Mr. BONIOR) and to include ex- b 1050 Congress, but his administration has not chosen to do that. So our legisla- traneous matter:) REGULATORY TRANSITION ACT OF tion will provide such a moratorium. It Mr. TORRES. 1995 is extremely urgent since the adminis- Ms. KAPTUR in two instances. Mr. RICHARDSON in three instances. The SPEAKER pro tempore (Mr. tration’s regulatory plan shows that Mr. KLECZKA. EWING). Under a previous order of the the Clinton administration has about House, the gentleman from Indiana 4,300 new regulations that we plan to Mr. REED. Mr. CLAY. [Mr. MCINTOSH] is recognized for 5 min- take up in 1995. utes. The moratorium on these new regula- (The following Members (at the re- quest of Mr. BEREUTER) and to include Mr. MCINTOSH. Mr. Speaker, last tions will temporarily stop the Federal November the American people sent a Government from loading even more extraneous matter:) clear message to Washington: Get the burden onto the middle class and onto Mr. SOLOMON. government off our backs. Last week the American taxpayer and thereby Mr. WELDON of Pennsylvania. Congressman DELAY and I introduced a give Congress time to pass the Con- Mr. HOKE. bill to do just that. It is called the Reg- tract With America and change the Mr. MCKEON. ulatory Transition Act of 1995. And way we do regulations in this country Mr. GOODLING. what it does is put a moratorium in from now on. Mr. CAMP. place on Federal regulations until June I am proud to be a cosponsor of the Mr. CUNNINGHAM. 30, 1995 so that we can enact the Con- Regulatory Transition Act along with f tract With America and change the 51 other Members of Congress and en- way the regulatory systems do busi- courage the remaining Members of this ADJOURNMENT ness here in Washington. House to sign on to the bill and there- Mr. MCINTOSH. Mr. Speaker, I move This bill is a critical first step to- by demonstrate to the American people that the House do now adjourn. ward cutting bureaucratic redtape and that we have heard the message and we The motion was agreed to; accord- protecting the middle class from the will change the way we do business ingly (at 10 o’clock and 55 minutes hidden tax of regulation. The Clinton here in Washington. We will cut back p.m.), under its previous order, the January 13, 1995 CONGRESSIONAL RECORD — HOUSE H 241 House adjourned until Tuesday, Janu- Union, pursuant to 22 U.S.C. 2601(c)(3); to the Act, as amended by section 101 of the Energy ary 17, 1995 at 9:30 a.m. Committee on International Relations. Policy Act of 1992 will be submitted by Feb- 154. A letter from the Assistant Secretary ruary 1, 1995; jointly, to the Committees on f for Legislative Affairs, Department of State, Commerce and Banking and Financial Serv- transmitting the Department’s report pursu- ices. EXECUTIVE COMMUNICATIONS, ant to title VIII of Public Law 101–246, the 166. A letter from the Secretaries of the In- ETC. Foreign Relations Authorization Act, as terior and Energy, and Director, National Under clause 2 of rule XXIV, execu- amended; to the Committee on International Science Foundation, transmitting the tive communications were taken from Relations. Fourth Annual Report on the U.S. Continen- 155. A letter from the Assistant Secretary the Speaker’s table and referred as fol- tal Scientific Drilling Program, pursuant to for Legislative Affairs, Department of State, 41 U.S.C. 31 note; jointly, to the Committees lows: transmitting a report on the steps the ad- on Resources and Science. 143. A letter from the Director, the Office ministration has taken to ensure that the 167. A letter from the Administrator, Envi- of Management and Budget, transmitting goals of section 322 of the Foreign Relations ronmental Protection Agency, transmitting the cumulative report on rescissions and de- Authorization Acts of 1992 and 1993 (which a final report on the study and technology ferrals of budget authority as of December 1, deals with the Arab boycott of Israel) are demonstration program concerned with con- 1994, pursuant to 2 U.S.C. 685(e) (H. Doc. No. being met; to the Committee on Inter- taminated bottom sediments in the Great 104–18); to the Committee on Appropriations national Relations. Lakes, pursuant to section 118(c)(7) of the and ordered to be printed. 156. A letter from the Assistant Secretary Clean Water Act; jointly, to the Committees 144. A letter from the Under Secretary of for Legislative Affairs, Department of State, on Transportation and Infrastructure and Defense, transmitting a report of a violation transmitting a report on the outstanding ex- Science. of the Anti-Deficiency Act which occurred in propriation claims in Nicaragua of United the Department of the Army, pursuant to 31 States persons; to the Committee on Inter- f U.S.C. 1517(b); to the Committee on Appro- national Relations. priations. 157. A letter from the Assistant Secretary REPORTS OF COMMITTEES ON 145. A letter from the Deputy Secretary of for Legislative Affairs, Department of State, PUBLIC BILLS AND RESOLUTIONS Defense, transmitting a report pursuant to transmitting a copy of Presidential Deter- section 6 of Public Law 103–378; to the Com- mination No. 95–7: Resumption of U.S. Drug Under clause 2 of rule XIII, reports of mittee on National Security. Interdiction Assistance to the Government committees were delivered to the Clerk 146. A letter from the Deputy Secretary of of Colombia; to the Committee on Inter- for printing and reference to the proper Defense, transmitting a report pursuant to national Relations. calendar, as follows: section 132 of Public Law 103–337, the Na- 158. A letter from the Assistant Secretary tional Defense Authorization Act for fiscal for Legislative Affairs, Department of State, Mr. SOLOMON: Committee on Rules. H.R. year 1995; to the Committee on National Se- transmitting a copy of Presidential Deter- 5. A bill to curb the practice of imposing un- curity. mination No. 95–9: Resumption of U.S. Drug funded Federal mandates on States and local 147. A letter from the Deputy Secretary of Interdiction Assistance to the Government governments, to ensure that the Federal Defense, transmitting certification that live- of Peru; to the Committee on International Government pays the costs incurred by those fire testing of the B–1 Conventional Mission Relations. governments in complying with certain re- Upgrade Program [CMUP] would be unrea- 159. A letter from the Assistant Secretary quirements under Federal statutes and regu- sonably expensive and impractical, pursuant for Legislative Affairs, Department of State, lations, and to provide information on the to 10 U.S.C. 2366(c)(1); to the Committee on transmitting notification that the Depart- cost of Federal mandates on the private sec- National Security. ment of State will utilize the certification tor, and for other purposes; with amend- 148. A letter from the Secretary of Defense, procedures of section 565(a)(3) of Public Law ments (Rept. 104–1, Pt. 1). Ordered to be transmitting certification that the total cost 103–236 at the U.S. Consulate General in Je- printed. for the planning design, construction, and in- rusalem; to the Committee on International f stallation of (building) equipment for the Relations. renovation of the Pentagon reservation will 160. A letter from the Assistant Secretary PUBLIC BILLS AND RESOLUTIONS not exceed $1,128,000,000; to the Committee for Legislative Affairs, Department of State, Under clause 5 of rule X and clause 4 on National Security. transmitting the Secretary’s report to Con- of rule XXII, public bills and resolu- 149. A letter from the Director, Federal gress on the participation or involvement of Emergency Management Agency, transmit- members of the Haitian Government in tions were introduced and severally re- ting the Agency’s report entitled, ‘‘A Unified human rights violations between December ferred as follows: Nation Program for Floodplain Manage- 15, 1990, and December 15, 1994, pursuant to By Mr. DEFAZIO (for himself, Ms. KAP- ment,’’ pursuant to section 1302(c) of the Na- Public Law 103–423, section 4; to the Commit- TUR, Mr. HUNTER, Mr. ABERCROBMIE, tion Flood Insurance Act of 1968; to the Com- tee on International Relations. Mr. BROWN of Ohio, Mr. EVANS, Mr. mittee on Banking and Financial Services. 161. A letter from the Secretary, Mis- EVERETT, Mr. HINCHEY, Mr. KLINK, 150. A letter from the Acting Director, Of- sissippi River Commission, Department of Mr. LIPINSKI, Mr. MILLER of Califor- fice of Thrift Supervision, transmitting the the Army, transmitting a copy of the annual nia, Mrs. MINK of Hawaii, Mr. Office’s report to Congress on implementa- report in compliance with the Government PALLONE, Mr. PETERSON of Min- tion of the Community Reinvestment Act of in the Sunshine Act during the calendar year nesota, Mr. SANDERS, Mr. TAYLOR of 1977, as amended, pursuant to 12 U.S.C. 2904; 1994, pursuant to 5 U.S.C. 552b(j); to the Com- Mississippi, Mr. TRAFICANT, and Ms. to the Committee on Banking and Financial mittee on Government Reform and Over- VELA´ ZQUEZ): Services. sight. H.R. 499. A bill to require the withdrawal 151. A letter from the Secretary of Health 162. A letter from the Executive Director, of the United States from the North Amer- and Human Services, transmitting the De- Martin Luther King, Jr. Federal Holiday ican Free-Trade Agreement, and for other partment’s second annual report to Congress Commission, transmitting the annual report purposes; to the Committee on Ways and on programs in achieving the performance under the Federal Managers’ Financial In- Means. goals referenced in the Prescription Drug tegrity Act for fiscal year 1994, pursuant to By Mr. BALLENGER (for himself, Mr. User Fee Act of 1992 [PDUFA], pursuant to 31 U.S.C. 3512(c)(3); to the Committee on ARMEY, Mr. DELAY, Mr. STENHOLM, section 104(a) of the Prescription Drug User Government Reform and Oversight. Mr. ARCHER, Mr. BAKER of California, Fee Act of 1992; to the Committee on Com- 163. A letter from the Director, OPM, Mr. BARTLETT of Maryland, Mr. BASS, merce. President’s Pay Agent, transmitting a report Mr. BEREUTER, Mr. BOEHNER, Mr. 152. A letter from the Director, Defense Se- justifying the reasons for the extension of lo- BONO, Mr. BURR, Mr. CANADY, Mr. curity Assistance Agency, transmitting the cally-based comparability payments to cat- COBLE, Mr. COX, Mr. CRANE, Mr. DOR- Department of the Army’s proposed lease of egories of positions that are in more than NAN, Mr. DREIER, Mr. FAWELL, Mr. defense articles to the United Nations for use one executive agency, pursuant to 5 U.S.C. FUNDERBURK, Mr. GOODLATTE, Mr. in Bosnia (Transmittal No. 8–95), pursuant to 5304(h)(2)(C); to the Committee on Govern- GOODLING, Mr. GOSS, Mr. GRAHAM, 22 U.S.C. 2796a(a); to the Committee on ment Reform and Oversight. Mr. HANCOCK, Mr. HERGER, Mr. International Relations. 164. A letter from the Inspector General, HEFLEY, Mr. HOEKSTRA, Mr. HUTCHIN- 153. A letter from the Assistant Secretary Smithsonian Institution, transmitting the SON, Mr. ISTOOK, Mr. KNOLLENBERG, for Legislative Affairs, Department of State, Institution’s 5-year strategic plan for fiscal Mr. KOLBE, Mr. LARGENT, Mr. LINDER, transmitting a copy of Presidential Deter- years 1995 through 1999; to the Committee on Mr. LIVINGSTON, Mr. MCKEON, Mr. mination No. 95–11, authorizing the furnish- Government Reform and Oversight. MOORHEAD, Mr. PACKARD, Mr. POR- ing of assistance from the emergency refugee 165. A letter from the Secretary of Energy, TER, Mr. RAMSTAD, Mr. ROGERS, Mr. and migration assistance fund to meet the transmitting notification that the report re- SCHAEFER, Mr. SKEEN, Mr. TAYLOR of urgent needs of refugees in the New Inde- quired pursuant to section 308 of title III of North Carolina, Mr. WOLF, and Mr. pendent States [NIS] of the former Soviet the Energy Conservation and Production CHRISTENSEN): H 242 CONGRESSIONAL RECORD — HOUSE January 13, 1995

H.R. 500. A bill to repeal the Davis-Bacon By Mr. MCKEON (for himself, Mr. each case for consideration of such provi- Act; to the Committee on Economic and GOODLING, Mr. PETRI, Mrs. ROUKEMA, sions as fall within the jurisdiction of the Educational Opportunities. Mr. GUNDERSON, Mr. FAWELL, Mr. committee concerned. By Mr. BARRETT of Nebraska: BALLENGER, Mr. BARRETT of Ne- By Mr. THOMAS: H.R. 501. A bill to amend the Internal Rev- braska, Mr. CUNNINGHAM, Mr. H.R. 520. A bill to amend the Internal Rev- enue Code of 1986 to provide that certain HOEKSTRA, Mr. CASTLE, Mrs. MEYERS enue Code of 1986 to double the maximum cash rents will not result in the recapture of of Kansas, Mr. , Mr. benefit under the special estate tax valu- the benefits of the special estate tax valu- TALENT, Mr. GREENWOOD, Mr. HUTCH- ation rules for certain farm, and so forth, ation rules for certain farm and other real INSON, Mr. KNOLLENBERG, Mr. RIGGS, real property; to the Committee on Ways and property; to the Committee on Ways and Mr. GRAHAM, Mr. WELDON of Florida, Means. Means. Mr. FUNDERBURK, Mr. SOUDER, Mr. By Mr. ZIMMER (for himself, Mr. ACK- By Mr. CALVERT (for himself, Mr. MCINTOSH, Mr. NORWOOD, Mr. KASICH, ERMAN, Mr. BEILENSON, Mr. PALLONE, HASTERT, Ms. MOLINARI, Mr. Mr. ZELIFF, Mr. BOEHNER, and Mr. and Ms. of ROHRABACHER, Mr. MANZULLO, Mr. MICA): Texas): CASTLE, Mr. HUNTER, Mr. H.R. 511. A bill to provide for the establish- H.R. 521. A bill to amend title 11 of the CUNNINGHAM, Mr. SAXTON, Mr. ment of a comprehensive and consolidated United States Code to make CANADY, Mr. SKEEN, Mr. MOORHEAD, workforce preparation and development sys- nondischargeable claims of governmental Mr. HOLDEN, Mr. BONO, Mr. MCKEON, tem in the United States; to the Committee units for costs that are incurred to abate and Mr. LAUGHLIN): on Economic and Educational Opportunities. hazardous substances and for which the debt- H.R. 502. A bill to amend the Social Secu- By Mr. MEEHAN (for himself, Mr. or is liable under the Comprehensive Envi- rity Act to require the Secretary of Health FRANKS of New Jersey, and Mr. ronmental Response, Compensation, and Li- and Human Services to establish a program QUINN): ability Act of 1980, certain claims under the to verify employee Social Security informa- H.R. 512. A bill to amend the Internal Rev- Solid Waste Disposal Act, and claims under tion, and to require employers to use the enue Code of 1986 to reduce the capital gains State laws similar in subject matter to such program; to the Committee on Ways and tax on stock of domestic corporations en- acts; and for other purposes; to the Commit- gaged in manufacturing and to index the Means. tee on the Judiciary. basis of such stock for inflation; to the Com- By Mrs. COLLINS of Illinois: By Mr. ZIMMER (for himself, Mr. mittee on Ways and Means. H.R. 503. A bill to require all providers of SAXTON, Mr. GREENWOOD, Mr. By Mrs. MEYERS of Kansas (for her- telecommunications services to establish PALLONE, Mr. BEILENSON, Mr. ACKER- self, Mr. ROBERTS, Mr. GOSS, Mr. SOL- and carry out plans for procurement from MAN, Mr. BALDACCI, and Mr. EHLERS): OMON, Mr. SCHAEFER, Mr. WICKER, Mr. businesses owned by minorities and women, H.R. 522. A bill to amend the Internal Rev- STUMP, and Mr. WALSH): and for other purposes; to the Committee on enue Code of 1986 to allow a credit against H.R. 513. A bill to replace the program of Commerce. the estate tax for certain transfers of real aid to families with dependent children and By Ms. DANNER: property for conservation purposes; to the the job opportunities and basic skills train- Committee on Ways and Means. H.R. 504. A bill to amend the formula for ing program with a program of block grants H.R. 523. A bill to amend the Internal Rev- determining the official mail allowance for to States for families with dependent chil- enue Code of 1986 with respect to the treat- Members of the House of Representatives; to dren, and for other purposes; to the Commit- ment of certain bargain sales; to the Com- the Committee on House Oversight. tee on Ways and Means, and in addition to mittee on Ways and Means. By Mr. ENGEL: the Committee on Economic and Edu- By Mr. GILLMOR (for himself, Mr. H.R. 505. A bill to amend the Job Training cational Opportunities, for a period to be FRANKS of New Jersey, Mr. COBURN, Partnership Act to establish a program to subsequently determined by the Speaker, in Mr. BARTLETT of Maryland, and Mr. assist discharged members of the Armed each case for consideration of such provi- LIVINGSTON): Forces to obtain training and employment as sions as fall within the jurisdiction of the H.J. Res. 54. Joint resolution proposing an managers and employees with public housing committee concerned. amendment to the Constitution of the Unit- authorities and management companies; to By Mr. OXLEY (for himself, Mr. BOU- ed States regarding federally mandated ex- the Committee on Economic and Edu- CHER, Mr. FIELDS of Texas, Mr. TAU- penditures; to the Committee on the Judici- cational Opportunities. ZIN, and Mr. HASTERT): H.R. 506. A bill to amend title 49, United H.R. 514. A bill to repeal the restrictions on ary. States Code, to exempt noise and access re- foreign ownership of licensed telecommuni- f strictions on aircraft operations to and from cations facilities; to the Committee on Com- metropolitan airports from certain Federal merce. PRIVATE BILLS AND review and approval requirements, and for By Ms. PRYCE: RESOLUTIONS other purposes; to the Committee on Trans- H.R. 515. A bill to amend title 18, United portation and Infrastructure. States Code, to prevent Federal prisoners Under clause 1 of rule XXII, H.R. 507. A bill to amend title XVIII of the from engaging in activities to increase their By Mr. ENGEL introduced a bill (H.R. 524) Social Security Act to provide for coverage strength or fighting ability while in prison; for the relief of Inna Hecker Grade; to the of expanded nursing facility and in-home to the Committee on the Judiciary. Committee on the Judiciary. services for dependent individuals under the By Mr. RICHARDSON: Medicare Program, to provide for coverage of H.R. 516. A bill to authorize, with respect f outpatient prescription drugs under part B of to certain former employees of the United such program, and for other purposes; to the States whose firefighting functions were ADDITIONAL SPONSORS Committee on Commerce, and in addition to transferred from the Department of Energy Under clause 4 of rule XXII, sponsors the Committee on Ways and Means, for a pe- to Los Alamos County, NM, the payment of riod to be subsequently determined by the the amounts needed by those individuals in were added to public bills and resolu- Speaker, in each case for consideration of order to qualify for benefits under the retire- tions as follows: such provisions as fall within the jurisdic- ment system to which they became subject H.R. 4: Mrs. SEASTRAND. tion of the committee concerned. as a result of the transfer; to the Committee H.R. 5: Mr. SHADEGG, Mr. GOODLING, Ms. By Mr. LANTOS (for himself and Mr. on Government Reform and Oversight. PRYCE, Mr. INGLIS of South Carolina, Mr. SHAYS): H.R. 517. A bill to amend title V of Public TATE, Mr. WOLF, Mrs. SMITH of Washington, H.R. 508. A bill to amend the Federal Prop- Law 96–550, designating the Chaco Culture Mr. HASTINGS of Washington, Mr. erty and Administrative Services Act of 1949 Archaeological Protection Sites, and for SCARBOROUGH, Mr. LINDER, Mr. to ensure proper classification as employees other purposes; to the Committee on Re- ROHRABACHER, Mr. BEREUTER, Mr. JONES, Mr. and independent contractors of persons sources. HOUGHTON, Mr. HEINEMAN, Mr. WALKER, Mr. awarded Federal procurement contracts; to H.R. 518. A bill to expand the boundary of SMITH of Texas, Mr. TAYLOR of North Caro- the Committee on Government Reform and the Santa Fe National Forest, and for other lina, Mr. STOCKMAN, Mr. LUCAS, Mr. Oversight. purposes; to the Committee on Resources. GILLMOR, Mr. CRANE, Mr. EMERSON, Mr. TAL- H.R. 509. A bill to amend title 10, United By Mr. SOLOMON: ENT, Mr. BAKER of California, Mr. HUNTER, States Code, to ensure proper classification H.R. 519. A bill to prohibit foreign assist- Mr. HANSEN, Mr. ARMEY, Mr. BACHUS, Mr. as employees and independent contractors of ance to Russia unless certain requirements BAKER of Louisiana, Mr. BALLENGER, Mr. persons awarded Federal procurement con- relating to Russian intelligence activities, BARR, Mr. BARTLETT of Maryland, Mr. BASS, tracts; to the Committee on National Secu- relations between Russia and certain coun- Mr. BILBRAY, Mr. BROWNBACK, Mr. BUNNING rity. tries, Russian arms control policy, and the of Kentucky, Mr. CALLAHAN, Mr. CALVERT, H.R. 510. A bill to amend the Internal Rev- reform of the Russian economy are met; to Mr. CAMP, Mr. CHRISTENSEN, Mr. CHRYSLER, enue Code of 1986 and the Revenue Act of 1978 the Committee on International Relations, Mr. COLLINS of , Mr. DOOLITTLE, Ms. to revise the procedures applicable to the de- and in addition to the Committee on Bank- DUNN of Washington, Mr. ENSIGN, Mr. FIELDS termination of employment status; to the ing and Financial Services, for a period to be of Texas, Mr. FLANAGAN, Mr. Committee on Ways and Means. subsequently determined by the Speaker, in FRELINGHUYSEN, Mr. FRANKS of New Jersey, January 13, 1995 CONGRESSIONAL RECORD — HOUSE H 243

Mr. GILCHREST, Mr. GOODLATTE, Mr. GUNDER- COLLINS of Georgia, Mrs. MORELLA, Mr. ‘‘ARTICLE SON, Mr. GUTKNECHT, Mr. HERGER, Mr. HOB- MOORHEAD, Mr. KLUG, Mr. DREIER, Mr. GOOD- ‘‘SECTION 1. Total outlays of the operating SON, Mr. HOKE, Mr. HOSTETTLER, Mr. SAM LING, and Mr. PETE GEREN of Texas. funds of the United States for any fiscal year JOHNSON, Mr. KASICH, Mr. KINGSTON, Mr. H.R. 449: Ms. EDDIE BERNICE JOHNSON of shall not exceed total receipts to those funds Texas, Mr. BOUCHER, and Mr. NEY. KNOLLENBERG, Mr. LIVINGSTON, Mr. LAHOOD, for that fiscal year plus any operating fund H.R. 452: Mr. KLUG, Mr. SAXTON, Mr. HOLD- Mr. LATOURETTE, Mr. MCINTOSH, Mr. MAR- balances carried over from previous fiscal TINI, Mr. MANZULLO, Mr. PACKARD, Mr. QUIL- EN, and Mr. ENGLISH of Pennsylvania. years. LEN, Mr. SALMON, Mr. SOLOMON, Mr. SAN- H.R. 464: Mr. CRANE, Mr. BURTON of Indi- ‘‘SECTION 2. The Congress may waive the FORD, Mr. SMITH of Michigan, Mr. SOUDER, ana, Mr. NEY, Mr. STUMP, Mr. HANCOCK, Mr. provisions of this article for any fiscal year Mr. SPENCE, Mr. THORNBERRY, Mr. WAMP, PACKARD, Mr. EMERSON, Mr. MCCOLLUM, Mr. in which a declaration of war is in effect. and Mr. WELLER. DELAY, Mr. BOUCHER, Mr. MOLLOHAN, Mr. The provisions of this article may be waived H.R. 8: Mr. TAYLOR of North Carolina, Mr. CUNNINGHAM, Mr. WISE, and Mr. SHUSTER. BARTLETT of Maryland, Mr. NUSSLE, Mr. H.R. 489: Mr. CUNNINGHAM, Mr. BONO, and for any fiscal year in which the United CHABOT, Mr. BURTON of Indiana, Mr. NEY, Mr. Mr. CHRYSLER. States is engaged in military conflict which NORWOOD, Mrs. VUCANOVICH, Mr. HUNTER, Mr. H.R. 490: Mr. COMBEST and Mr. BONILLA. causes an imminent and serious military MANZULLO, and Mr. LIVINGSTON. H.J. Res. 48: Mr. BURTON of Indiana, Mr. threat to national security and is so declared H.R. 9: Mr. LUCAS, Mr. BURTON of Indiana, FALEOMAVAEGA, Mr. BLILEY, Mr. FOLEY, Mr. by a joint resolution, adopted by a majority Mr. NORWOOD, Mrs. VUCANOVICH, Mr. WALK- CALLAHAN, Mr. DORNAN, Mr. HEFLEY, Mr. of the whole number of each House of the ER, Mr. HUNTER, Mr. CREMEANS, Mr. LIVING- COX, Mr. CREMEANS, Mr. FORBES, Mr. Congress, that becomes law. If real economic STON, Mr. LATOURETTE, Mr. SAM JOHNSON, COBURN, Mr. HAYES, Mr. DELAY, Mr. growth has been or will be negative for two and Mr. COLLINS of Georgia. GALLEGLY, Mr. GOSS, Mr. EMERSON, Mr. consecutive quarters, Congress may by law H.R. 11: Mr. SAM JOHNSON, Mr. COLLINS of LEWIS of California, Mr. HOBSON, Mr. WALSH, waive the article for the current and the Georgia, Mrs. SEASTRAND, Mr. SKEEN, and Mr. MOORHEAD, Mr. ROBERTS, Mr. STUMP, Mr. next fiscal year. OHRABACHER ALENT IMMER Mr. COX. R , Mr. T , Mr. Z , Mr. ‘‘SECTION 3. Not later than the first Mon- H.R. 24: Mr. TRAFICANT. HOEKSTRA, Mr. SPENCE, Mr. BLUTE, Mr. day in February in each calendar year, the TIAHRT, Mr. CHRISTENSEN, Mr. SMITH of H.R. 26: Mr. MCNULTY, Mr. SENSEN- President shall transmit to the Congress a Texas, Mr. CHAMBLISS, Mr. CALVERT, Mr. BRENNER, and Mr. BARCIA of Michigan. proposed budget for the United States Gov- MCCRERY, Mr. SHUSTER, and Mr. GREENWOOD. H.R. 34: Mr. EMERSON, Mr. CHRYSLER, Mr. ernment for the fiscal year beginning in that FORBES, Mr. ENGLISH of Pennsylvania, and H.J. Res. 49: Mr. BOUCHER, Mr. GIBBONS, ARRETT calendar year in which total outlays of the Mr. BARTLETT of Maryland. and Mr. B of Wisconsin. H. Con. Res. 13: Mr. MCDERMOTT, Ms. HAR- operating funds of the United States for that H.R. 52: Ms. FURSE, Mr. ENGLISH of Penn- MAN, Mrs. MALONEY, Mr. BRYANT of Texas, fiscal year shall not exceed total receipts to sylvania, Ms. WOOLSEY, Mr. GEJDENSON, and Mr. ABERCROMBIE, Ms. SLAUGHTER, Mr. those funds for that fiscal year. Mr. ZIMMER. DICKS, Mr. MOAKLEY, Mr. JOHNSTON of Flor- ‘‘SECTION 4. Total receipts of the operating H.R. 66: Mr. LATHAM, Mr. ENGLISH of Penn- ida, Mr. WYNN, Mr. RANGEL, Mr. GEJDENSON, funds shall exclude those derived from net sylvania, and Mr. MCDADE. Mrs. KENNELLY, Ms. ROYBAL-ALLARD, Ms. borrowing. Total outlays of the operating H.R. 77: Mr. SCHAEFER, Mr. FRANK of Mas- PELOSI, Mr. CARDIN, Mr. ACKERMAN, Mr. funds of the United States shall exclude sachusetts, and Mr. LINDER. BROWN of California, Mr. BOUCHER, and Mr. those for repayment of debt principal and for H.R. 106: Mr. KING. STARK. capital investments in physical infrastruc- H.R. 117: Mr. SOLOMON, Mrs. FOWLER, Mr. ture that provide long-term economic re- CONDIT, Mr. KNOLLENBERG, and Mr. CASTLE. f turns but shall include an annual debt serv- H.R. 217: Mr. LINDER and Mr. AMENDMENTS icing charge. The receipts (including attrib- KNOLLENBERG. utable interest) and outlays of the Federal H.R. 218: Mr. LINDER. Under clause 6 of rule XXIII, pro- Old-Age and Survivors Insurance Trust Fund H.R. 230: Mr. DOOLITTLE, Mr. posed amendments were submitted as and the Federal Disability Insurance Trust ROHRABACHER, Mr. BARTLETT of Maryland, follows: Mr. BUNNING of Kentucky, Mr. CRANE, and Fund shall not be counted as receipts or out- TO H.J. RES. 1 Mr. CHRYSLER. lays for purposes of this article. BY MR. WISE H.R. 359: Mrs. SEASTRAND, Mr. EMERSON, ‘‘SECTION 5. This article shall be imple- Mr. WICKER, Mr. HANSEN, Mr. ENGLISH of AMENDMENT NO. 1: Strike all after the re- mented and enforced only in accordance with Pennsylvania, and Mr. LANTOS. solving clause and insert the following: appropriate legislation enacted by Congress, H.R. 394: Mr. HOLDEN, Mr. GUNDERSON, Mr. That the following article is proposed as an which may rely on estimates of outlays and SKEEN, Ms. MOLINARI, Mr. BALLENGER, and amendment to the Constitution of the Unit- receipts. Mr. KNOLLENBERG. ed States, which shall be valid to all intents ‘‘SECTION 6. This section and section 5 of H.R. 442: Mrs. FOWLER, Mr. CREMEANS, Mr. and purposes as part of the Constitution this article shall take effect upon ratifica- BUNN of Oregon, Mr. MINGE, Mr. WALSH, Mr. when ratified by the legislatures of three- tion. All other sections of this article shall ROYCE, Mr. BARTON of Texas, Mr. OBERSTAR, fourths of the several States within seven take effect beginning with fiscal year 2002 or Mr. GOODLATTE, Mr. MCKEON, Mr. LIVING- years after the date of its submission for the second fiscal year beginning after its STON, Mr. BOUCHER, Mrs. VUCANOVICH, Mr. ratification: ratification, whichever is later.’’. 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, FRIDAY, JANUARY 13, 1995 No. 8 Senate (Legislative day of Tuesday, January 10, 1995)

The Senate met at 9 a.m., on the ex- that we may live peaceful and quiet Mr. President, I yield the floor. piration of the recess, and was called to lives in all godliness and holiness. The PRESIDENT pro tempore. Under order by the President pro tempore We dare to ask for special blessings, the previous order, the Senator from [Mr. THURMOND]. and for special help to use those bless- Wyoming [Mr. THOMAS] is recognized to The PRESIDENT pro tempore. The ings You have already given to us. speak for up to 10 minutes. prayer this morning will be offered by Bless Your people with power entrusted f our guest chaplain, the Reverend Mark to those who know their own weakness, E. Dever, pastor of Capitol Hill Baptist with rulers who are servants, with free- UNFUNDED FEDERAL MANDATES Church, Washington, DC. dom under God, in the name of Jesus Mr. THOMAS. Mr. President, it is my Christ, the servant-king, we ask it. pleasure, as I rise this morning, to join PRAYER Amen. my colleagues in support of S. 1, the The guest chaplain, the Reverend f unfunded mandates bill that Senator Mark Edward Dever, Ph.D., offered the KEMPTHORNE and many others have RESERVATION OF LEADER TIME following prayer: done such great work on. In the recent Let us pray: The PRESIDENT pro tempore. Under election, of course, this country and O God Most Holy, we come to You the previous order, the leadership time the voters of this country voted for this morning acknowledging You as is reserved. change, a change in the way that the holy ruler of people and nations. f Washington operates, a change in the We give You thanks for all the ways in way that the Government operates. which our Nation, and this Chamber re- MORNING BUSINESS This bill provides us with one of the flect Your character. Thank you for all The PRESIDENT pro tempore. Under first opportunities to deliver that the trials endured, time spent, and ef- the previous order, there will now be a change. fort expended for our benefit in this period for the transaction of morning It seems to me that, although we will place. We thank you because we know business not to extend beyond the hour take up a great many specific issues that none of us can do anything apart of 10 a.m., with Senators permitted to throughout this session of Congress, from Your sustaining power. speak therein for not to exceed 5 min- and we should, that probably most im- Our request this morning is that You utes each. portant are some of the structural would save this Nation from lawless- Under the previous order, the Sen- changes that we are talking about— ness. We read that righteousness exalts ator from Wyoming, [Mr. THOMAS], is this being included as one of them. a nation, but that is a reproach to recognized unless the acting majority Some of the changes in procedure will any people. We confess that we as a leader wishes to speak at this time? result in the individual issues being people seem to be more concerned f changed and being about the change about riches than righteousness, more that voters asked for. worried about poverty than sin, more SCHEDULE Sometimes, I suppose, people at willing to deny You than to deny self. Mr. LOTT. Mr. President, further home get a little impatient with the O Lord, change us for Your glory. In commenting on the schedule for the idea that we work for procedural Your mercy entrust this country with morning, I believe that under the pre- changes. But let me suggest that in material prosperity; but also in Your vious agreement Senators LIEBERMAN order to bring about continuing mercy, we pray that You would not and DODD will be recognized for up to change, fundamental change, these pro- allow us to go on in such prosperity 15 minutes equally divided, Senator cedural changes are the most impor- and sin. Give us true prosperity of BOXER for up to 15 minutes. At the tant thing that we can do—procedural heart and soul. hour of 10 a.m., the Senate will stand changes like the balanced-budget In Your grace make this place an ex- in recess until 11 a.m. in order to allow amendment, which will change our out- ception to the corrupting pull of power. Members to attend a briefing. When look on fiscal responsibility; changes Make this Chamber a shining light, a the Senate reconvenes at 11 a.m., we like unfunded mandates, which will city set on a hill, filled with men and will resume consideration of S. 1, the change the relationship between the women who individually, in their deal- unfunded mandates bill. Federal Government and the States; ings with one another, and together in For the information of all colleagues, changes like accountability, which we their execution of the public business rollcall votes are anticipated through- passed yesterday, of course, which are examples to us all. Help them so out the day. properly makes the Congress live under

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

S 919 S 920 CONGRESSIONAL RECORD — SENATE January 13, 1995 the same rules that it applies to every- Act—as they should. However, they had I want to emphasize again that there one else. Term limits, I believe, are a way to make it accessible at very will be votes today. I think that the also a procedural change that needs to much less cost than what they finally distinguished majority leader intends take place. had to do because of the regulations that we go forward on this important Unfunded mandates affect State and that were imposed under the mandate. legislation and that there will be votes local communities. They are hidden To achieve the same goal they had to on amendments or otherwise. It is not taxes that local communities, busi- pay a great deal more. clear at this time exactly how long nesses, and citizens have to pay. These The Clinton administration has a that will go. But I just wanted to make mandates force the States and local- poor record on unfunded mandates. sure the Members understood, to be ities to increase their taxes or shift President Clinton’s health proposal, fair, that we will have some votes later their priorities of spending and shift the Brady law, and last year’s crime on this morning, or perhaps in at least their services in order to make those bill are just some examples of this ad- early afternoon. ends meet. National programs should ministration’s unfunded mandate agen- I want to commend our distinguished not be financed by local property taxes, da. We need this bill enacted quickly to majority leader and the minority lead- but that is exactly what happens when put the brakes on that regulatory ma- er for the patience they have already the Congress passes an unfunded man- chine. exhibited this year. We, I think, have date. Unfunded mandates infringe upon The balanced-budget amendment, of made good progress. We have already States’ rights. Federal mandates take course, will be before us soon. I support passed S. 2, a major piece of legislation away State and local community op- the balanced-budget amendment. I on congressional accountability. We portunities to set their own priorities think it is morally and fiscally right to are already now working on the next and make it difficult for State and not be able to spend more than we take piece of major legislation, unfunded local governments to plan for the fu- in. That should apply to the Federal mandates. Members have been offering ture. Government as well. Local officials, of amendments freely, and that is the I served in the Wyoming Legislature, course, are concerned about a bal- way it should be in the Senate. I am and a good deal of our budget was com- anced-budget amendment unless they sure there will be a number of amend- mitted, before we ever arrived in Chey- have the protection against unfunded ments on this unfunded mandates leg- enne, to unfunded mandates. mandates so that the result of a bal- islation. Perhaps there will be some This bill will help restore States’ anced-budget amendment will not sim- good amendments that will be offered rights and the Founding Fathers’ con- ply be the shifting of costs to local gov- and actively debated, and perhaps even cept of federalism and the relationship ernments. some amendments adopted as we go that should exist between the Federal By requiring activities without pay- forward. That is what the legislative Government and the States. We will ing for them, official Washington can process is all about. give some recognition to the 10th go on a spending spree on somebody I think the majority leader intends amendment, that those things that are else’s credit card. It is easy and dishon- to make sure Members have that op- not expressly given to the Federal Gov- est, but it is a way around the Federal portunity to offer amendments and ernment should rest with the people deficit. Congress takes the credit for have a good debate, and move this good and with the States and communities. legislation but sidesteps the costs. The legislation and improve it, if it is pos- In the words of Thomas Jefferson, combination of these two proposals, sible. ‘‘Were we directed by Washington when unfunded mandates and a balanced There have been objections that re- to sow and when to reap, we should budget amendment, will be the answer. ports were not available earlier. But soon want for bread.’’ We need to pass unfunded mandates the reports are available now. Any Sen- A simple rule should apply to Con- legislation before we tackle the bal- ator can avail himself or herself of gress: If legislation is good enough to anced budget amendment to the Con- those reports. I hope they will read pass, it ought to be good enough to pay stitution. Last year, unfunded man- them and that we can go forward with for. The cost of unfunded Federal man- dates legislation made it out of com- the debate on the substance of this leg- dates is well documented. Over the past mittee both in the House and in the islation. This is a good bill, well pre- two decades the Federal Government Senate. I was a member of the Govern- pared over a long period of time. has enacted over 200 new laws contain- mental Operations Committee in the Yeomen’s work has been done by the ing thousands of regulations and as- House, and in the last days of the ses- Senator from Idaho, Senator signed the costs to State and local gov- sion we passed it. Unfortunately, it did KEMPTHORNE, and Senator GLENN has ernment. For example, unfunded man- not receive consideration on the floor. worked on this legislation, probably for dates eat up about 12 percent of locally In this new Congress, we have a tre- years, and certainly at least for raised revenue and will cost localities mendous opportunity to change the months. Senator ROTH has done good about $54 billion over the next 5 years. way government operates. While this work. Unfunded mandates, of course, exist bill is not as strong as some would like So there has been a tremendous everywhere. There are examples in Wy- it, it is a solid first step in restoring amount of thought given this legisla- oming. Wyoming’s towns are generally some accountability in Washington. tion. It has been changed and im- small towns. Greybull, WY, for exam- The bottom line is that Washington proved, and perhaps in some respects ple, was mandated $1.3 million by EPA must stop passing the buck and start weakened because some points go be- for a water treatment plant. That is taking the responsibility for the legis- yond what I would like there to be in nearly $3,000 per resident who lives lation it passes. It is vital that we take order to get something with which we there. advantage of this opportunity to can move forward. Pinedale, WY, draws their water from change the way Government functions. This is a major step forward. This is the cleanest source anyone can imag- Mr. President, thank you for the setting up a process. This is not ending ine and the test results of that water time. I yield the remainder of my time. things that have been happening. This are perfectly acceptable in quality. Mr. LOTT addressed the Chair. is giving us an opportunity to find out Nevertheless, they had to build a water The PRESIDING OFFICER. The Sen- what is in a bill, to find out what it is treatment plant, not for the results but ator from Mississippi is recognized. going to cost and who is going to pay because of the unfunded mandates. for it. What does it really do? That fact The city of Cheyenne, $3 million in f is I think most Americans would be in- the last year alone, in the last fiscal credulous to realize that we do not do year. UNFUNDED MANDATES that anyway. I guess the thing I remember the Mr. LOTT. Mr. President, not seeing So there is no need to delay this. Yes, most was going to the community col- any Senator seeking recognition at we should have amendments. We lege in Torrington, WY, where they had this time, I would like to take a few should think about it. But we all know made arrangements to make their au- minutes to comment on the bill we will this legislation is going to pass over- ditorium accessible to disabled people be taking up again today, the unfunded whelmingly. I am sure probably almost under the Americans With Disabilities mandates bill. every Republican and a majority of the January 13, 1995 CONGRESSIONAL RECORD — SENATE S 921 Democrats will vote for this legisla- to deal with. He knows the extra costs if the majority whip would like to con- tion. So I hope we will keep that in that were put on the taxpayers of Mis- tinue, I am perfectly pleased. mind. Let us not delay just for the souri, not by the Missouri Legislature, Mr. LOTT. In the spirit of what I just sake of delay. Let us look at the sub- but by the Federal Government, telling said, I do not want to overtalk an stance, let us work on it in a respon- that State: You have to do this and, by issue, I think this legislation speaks so sible way, and then let us move for- the way, good luck finding the way to loudly for itself, so I think I will stop ward because we know it needs to be pay for it as best you can—not a few at this point. done and because we know in the end it thousand dollars, but millions of dol- I suggest the absence of a quorum. is going to pass. lars on every State, big and small, rich The PRESIDING OFFICER. The Let me just make a couple of points. and poor. clerk will call the roll. This legislation will increase account- My poor State of Mississippi strug- The assistant legislative clerk pro- ability. It places added responsibilities gles to deal with these federally un- ceeded to call the roll. where it needs to be, on those who funded mandates. The Governor of our Mrs. BOXER. Mr. President, I ask want to either create a new mandate or State, Gov. Kirk Fordice, has pleaded unanimous consent that the order for increase costs of an existing one. In for relief and for flexibility to allow in- the quorum call be rescinded. order to do that, they are going to have novation to occur at the State level. The PRESIDING OFFICER. Without to get an estimate of the cost of the They can do it better. They can save objection, it is so ordered. new requirement to both State and money, and they can give relief to the local governments and the private sec- Mrs. BOXER. Mr. President, I want taxpayers. Also, that is true at the to make sure about the time situation. tor. I want to emphasize this also in- local level. I have had to wrestle in the cludes a way, hopefully, to help control My understanding is that I control the past as a Congressman and Senator time until 9:45, is that correct? the unfunded mandates on the private with these Federal mandates that have sector. The PRESIDING OFFICER. The Sen- been dumped on poor, small cities, re- ator has 15 minutes. There has been some suggestion that quirements that say: You must do this; maybe small business might not be you must clean up that; you must pro- f benefit by this or might not be all for vide this service. And in communities it. The National Federation of Inde- sometimes where you have 70 to 80 per- THE CALIFORNIA FLOOD pendent Businesses put out a letter on cent minorities, they just cannot pay January 3 on behalf of 600,000 members Mrs. BOXER. Mr. President, I have for it. So they have said: We want to do of the NFIB, which really represents not spoken yet on the floor regarding it for safety purposes or environmental the small businessmen and women in the disaster that has hit my State of purposes, but we do not have the my State, and said they support this California. Senator FEINSTEIN was on money. Help us. legislation unreservedly, and it is this floor and brought the Senate up- So I think, at the Federal level, a going to be one of their top-rated to-date a couple of days ago. I would votes. So the private-sector small busi- cost analysis will allow us to see what like to do the same, and then I would nesses want this. I think they want it the cost is going to be and require us, like to speak about another very ur- not only as businessmen and women, if it is in the national interest, if it is gent issue regarding safety at repro- in the interest of safety or environ- but just as individuals and Americans. ductive health care clinics. I see that mental considerations nationwide, to They know this needs to be done. Senator FEINGOLD has joined me, and step up to the lick log and pay for it. So there will be the cost estimates, he will be participating in that particu- Give them safe drinking water, but and then there will be an opportunity lar discussion. help them pay for it. Or, if we are not to waive the requirements by a simple Mr. President, 34 counties have been going to pay for it, do not dump it on majority. We can debate that point, declared State disaster areas and 24 and I feel we probably will, on whether them. We make criminals out of the elected officials, literally criminals. counties have been declared Federal or not these requirements can go into disaster areas, and we expect others to effect or not. Good men and women are saying: I can- not do this. We worry about how we at- be added shortly. I do not think I have I believe this will lead to more in- to tell my colleagues that the people in formed decisions. Some allegation has tract good people in office. It is things like unfunded mandates that drive California have, once again, been been made—intended, I think, as criti- struck by Mother Nature in a very dif- cism—that this might once again slow them out. You get a local insurance agent or local homebuilder. Do you ficult way. down moving some legislation. I have We live in a very magnificent State. never seen the Senate worry about think he or she will want to continue We treasure it and we prize its beau- slowing things down. We are the saucer to deal with these Federal mandates ty—its rivers, ocean, mountains, under the hot cup to cool it down. A and the tax increases that are required streams, creeks, forests, and deserts. little more information, a little more by them? And because we are such a magnificent deliberation before we put another If we really want to give taxpayers State, we just have to put up with our mandate on the American people, pub- some tax relief in a painless way, this lic or private, seems to me something is the way to do it, by giving them the share of natural disasters. I want to we should be doing. opportunity to make more decisions on say, once again, to my colleagues how The American people want it, and their own without Federal mandates appreciative Californians are for the every State in every region, regardless and without increased local and State swift relief we got from the Clinton ad- of philosophy, even. A lot of the big- taxes. ministration, backed in a very biparti- gest supporters of this legislation are So, Mr. President, I am very pleased san way by this Congress, and we are Democrats, liberal Democrats. Elected that S. 1, the first bill of the year that rebuilding. Now we have people thrown mayors and county commissioners was introduced, is the Unfunded Man- out of their homes because of ravaging have to wrestle with this. They have to date Reform Act of 1995. floods. The power of that water—some- find a way to pay for it. So, therefore, I commend all that have been in- one described it as a 500-year occasion this is something that is long overdue. volved with it. I think we are going to in some parts of the State—is just I hope the Senate, in its great delibera- have good legislation. The risks are overwhelming. tive fashion, will make sure that all of small, and the benefits could be great. What we know is that we have a lit- the details are analyzed, but in good I hope that early next week, we will tle break in the weather right now. I time will move it forward. I believe it move to conclusion. am very anxious to get on a plane and will provide relief for State and local Mr. President, seeing the distin- go back and see for myself exactly taxpayers. guished Senator from California on the what damage will last after this flood More and more and more, the Federal floor, I yield at this time. and what we need to do. But today I Government has dumped requirements The PRESIDING OFFICER. The Sen- merely want to bring you up-to-date. on States that Governors, like the dis- ator from California is recognized. Santa Barbara has reported $20 million tinguished Senator in the chair, the Mrs. BOXER. Mr. President, I have in damage, and Sacramento reports at former Governor of Missouri, has had time reserved at approximately 9:30. So least $50 million in damage. The FEMA S 922 CONGRESSIONAL RECORD — SENATE January 13, 1995 emergency phone number is 1–800–462– leave their house: Will there be a stalk- Mr. FEINGOLD. Mr. President, I rise 9029. I say that in case we have any er standing outside their house as they very briefly to praise and thank the Californians who need to hear that go to work to do a legal, legitimate job Senator from California for her leader- number. The reason that number is im- that helps many people? Do they have ship on this issue. I am very, very portant is, if you have damage, you to wear a bulletproof vest— many doc- pleased to be a cosponsor of the resolu- call there and you are eligible for tors do—and will that vest be enough tion and the amendment which is very short-term emergency assistance, such to save their lives? straightforward. as transportation and housing, and Mr. President, this is a very, very, se- I appreciate the language. It ex- longer term registration if you need a rious issue. And it has nothing to do presses the sense of the Senate that the loan up to $200,000, if your home has with how one views the issue of repro- Attorney General should take strong been lost and its value is that high. ductive rights. I happen to be someone action to protect reproductive health The loans are made to people who who believes in the right to choose, a care clinics. cannot qualify at banks, and the inter- constitutionally guaranteed right, and There is really nothing else to be est rate will be about 4 percent. If you until it is outlawed or changed it will said, other than that the Senate should can qualify at a bank, the interest rate remain so. pass the resolution authored by the will be about 8 percent. I want to I introduced a resolution. My two Senator from California. This must be thank the Clinton administration for prime sponsors are here, Senator done immediately, and if this Federal acting so swiftly. James Lee Witt, the FEINGOLD and Senator MURRAY; and an- Government does not express that Director of FEMA, unfortunately, has other very important sponsor, OLYMPIA view, it is a sign of a Government that become a familiar figure in our State. SNOWE, Senator SNOWE, is from the no longer can really protect the people He is an extraordinary man. He hap- other side of the aisle. We have been of this country. pened to be there during this disaster pushing to get a vote on this resolution I think that this demands swift ac- and has remained there. We are getting because, while we debate unfunded tion in this body. There are many is- ready for what is to come. I urge my mandates that will take effect years sues that can be disputed; some obvi- colleagues to please help us as we into the future, right now, this minute, ously should be ones we ought to take would help you in a similar situation, people feel like sitting ducks in clinics a lot of time on. I think we have a cou- indeed as we have helped you in a simi- in rural and urban communities across ple of them right now. The unfunded lar situation. this country. That is wrong. mandates bill is very complicated; the We passed the Freedom of Access to f balanced budget amendment, amending Clinic Entrances Act. That bill says the Constitution. These require the de- UNFUNDED MANDATES that it is a crime to injure or to harm liberative skills of the U.S. Senate, but Mrs. BOXER. Mr. President, we are anyone because they happen to work or this does not. debating the unfunded mandates bill. I volunteer at a clinic. There are ap- I cannot believe there is any Member voted it out of the Budget Committee. proximately 900 clinics in the United I am very much in agreement with the States providing reproductive health of this body on either side of the aisles thrust of the bill. I served in local gov- services. But the violence continues who believes the Federal Government ernment and we had some mandates I every day. We have seen the brutal should do anything but be very aggres- never could understand. shootings of innocent people in Massa- sive in stopping this violence. Just this So I am very hopeful that the bill, in chusetts and the shooting at a health past August, during debate over the its final form, will be good for my care clinic in Virginia. Organizations VA-HUD appropriations bill, Senator State of California. And I want to monitoring this violence have recorded LAUTENBERG offered, and I cosponsored, make it clear, if I think it is good for over 130 incidents of violence or harass- a similar amendment in the wake of the people of my State, I will be very ment last year. the shooting of a clinic doctor and his proud to vote for the bill. But if I see I have a bill. We are trying to get escort in Pensacola, FL. However, at that the bill takes some twists and that bill brought up as a freestanding that time as now, I believe that the re- turns and ignores, for example, the big- bill. It is a sense-of-the-Senate resolu- solve of the Senate in the matter of gest unfunded mandate we face, which tion and it calls on the Attorney Gen- clinic violence is clear. Ninety-eight is services to illegal immigrants, then I eral to fully enforce the law and take Members of the Senate voted to con- am going to have a lot of trouble vot- any further necessary measures to pro- demn the shootings in Pensacola last ing for the bill. Therefore, I look for- tect persons seeking to provide or ob- August, and indeed, to condemn the ward to the debate. tain, or assist in providing or obtain- use of deadly force as a means of pro- We know that this bill on the issue of ing, reproductive health services from test. That is why I ask all of my col- unfunded mandates will make a big dif- violent attack. There should be no ar- leagues to show their strong and united ference in the way we fund State and gument about this. support today and lift any objections local government. But no matter how I hope that the majority will clear to the unanimous consent that this fast or slowly we move this bill—and this bill. We have been working to get item come up at this time. there is a push to move this bill fast it cleared on a bipartisan basis for the There are two reasons that I would because it is in the Contract With last 3 days. One day, ‘‘Oh, yes, it is like to add. The first is that the type of America and therefore there is a push going to be cleared’’; the next day, violence that is involved in these inci- to move it fast—there is something ‘‘Oh, it is going to be cleared.’’ dents is not truly random violence. It that is happening right now that we Everyone on our side has no objec- is random, perhaps, as to where it oc- have to address. tion. We need to send a signal to the curs and at what time, but it is not f people who work in these clinics that just one troubled individual for what- we care. President Clinton sent a direc- ever personal reason who decides they REPRODUCTIVE HEALTH CARE tive to the Attorney General. She is want to kill somebody. This is the type CLINIC VIOLENCE working on this problem. We need to of violence that is driven by an orga- Mrs. BOXER. The unfunded mandates add our voice. This is not a criticism of nized effort to deprive people of their bill will have an impact way down the the Attorney General. It is a push to reproductive rights and to intimidate road, maybe a year or more out. But I make sure that President Clinton’s di- them from exercising those rights. want to talk about a problem that is rective is carried out. That is very different. The tactics of happening now. We have reproductive I hope, by the end of this day, we will some individuals who oppose abortion health care clinics all across this great have this bill before the U.S. Senate for access have escalated. As Ellen Good- land and right now we have some very a vote and we will add our voice. man, a syndicated columnist who lives brave people working in those repro- I yield at this time to my colleague in Boston said in her column, the lit- ductive health care clinics. and friend, Senator FEINGOLD. eral ‘‘line of fire″ is coming closer to Why do I say ‘‘brave?’’ I do not think Mr. FEINGOLD addressed the Chair. home. She writes, ‘‘First doctors, then any of us could know the feeling that The PRESIDING OFFICER. The Sen- escorts, now receptionists. First Wich- some of these folks have when they ator from Wisconsin. ita, then Pensacola, now Brookline.’’ January 13, 1995 CONGRESSIONAL RECORD — SENATE S 923 That is a direct threat to the rights And so, Mr. President, I rarely ask Mr. President, I thank my colleague of every person in this country and in this body to move immediately. It is from California. I yield back to her at particular every women in this coun- not a body that is set up for that pur- this time. try. And it is a situation where the pose. But there are exceptions and I Mrs. BOXER. Mr. President, I ask Federal Government, not just local think Senator BOXER has identified unanimous consent that I may have up governments, has to take the lead. such an exception. The Senate should to 10 additional minutes as long as The other reason I wanted to add pass this resolution without delay. there is no one on the floor. If a Sen- very briefly is that I have heard a great Condemning clinic violence should not ator appears on the floor, I will end my deal of very appropriate talk in this be a partisan issue. statement. body in the last 2 years about the vic- I yield the floor. The PRESIDING OFFICER. Without tims of crime. They are people that Mrs. BOXER. I yield as much time as objection, it is so ordered. have been forgotten in this society. is required to the Senator from Wash- Mrs. BOXER. I thank you, Mr. Presi- dent. I wanted to thank my two col- But when it comes to clinic violence, ington, Senator MURRAY. there is quite a range of victims. Mrs. MURRAY addressed the Chair. leagues who were right there, imme- diately, when I called them and said we First of all, of course, the tragic The PRESIDING OFFICER. The Sen- need action on this bill. deaths and injuries that have occurred ator from Washington. I also want to say that the majority directly to the people who have been Mrs. MURRAY. I thank the Presi- shot or injured, but also, I think, the leader, Senator DOLE, in public com- dent. I thank my colleague from Cali- ments on this matter, has been very health care professionals that are in- fornia for yielding and for bringing this volved and the people involved in the clear that it is a function of this Fed- extremely important issue out to the eral Government to protect the clinics. clinics, the receptionists, the nurses floor of the Senate this morning. and the doctors, some of whom, in my Now, I ask him to move this bill to the The Senator has been diligent in pur- floor. We do not want to wait for an- home State of Wisconsin, have taken suing this and in asking our colleagues to wearing bulletproof vests to go to other incident. to bring this issue forward so that we As I said, passage of this bill by the their clinics and do their work. Three can get a vote and move quickly for- very poignant examples of threats to U.S. Senate, a sense of the Senate reso- ward to let the people of this Nation lution, is essential to make it very health care professionals were reported know that the highest elected officials clear as to where we stand on this by the Milwaukee Journal and the Wis- in this country do not condone vio- issue. By the way, not only do medical consin State Journal. Bullets were lence. We will do everything we can to professionals work at these clinics— fired into one clinic on four separate protect all of our citizens in this coun- and I know my friend from Wisconsin occasions. One Wisconsin doctor is con- try. volunteered at these clinics—as we tinually stalked. She reported that her Before us we have the unfunded man- know, we have had volunteer escorts car is always covered with anti- choice date issue. It is an extremely impor- hurt. We had one case of a retired mili- and threatening propaganda when she tant and extremely complex issue that tary person who was shot dead—shot parks it—even at the supermarket. The we deal with today. However, it does dead. The man fought for his country, remarks are frighteningly direct and raise a number of questions. It will and he was shot dead in his own coun- personal. On her last trip she received take Members some time to move try escorting a doctor into a clinic. a note on her windshield upon her re- It is a tragedy and a travesty of jus- turn asking ‘‘How was your trip to through that issue. Certainly we have to ask what is the outcome of this tice if this continues. So we need to Washington?’’ Another Wisconsin doc- send a message to the people who are tor received a letter saying that the issue and make sure that, as we pass unfunded mandates, we do it in a way exercising their constitutional rights, anonymous writer would ‘‘hunt you innocent neighbors of ours. Nurses are down like any other wild beast and kill that will not bring about consequences that we have not asked for. our neighbors. Receptionists are our you.’’ neighbors. Doctors are our neighbors. They did not sign up for that kind of The Senator from California is bring- ing forward an issue that the con- Escorts are our neighbors, hard-work- detail when they went to medical ing men and women who, on the week- school or trained to be nurses. They sequences are clear. The consequences are the safety of individuals in this ends when they have time or after wanted to help people make a difficult work, volunteer their time. decision and they wanted to be medical country, one of the highest priorities that we have. The issue of unfunded We are not only sending a message to professionals who were caring and com- them when we pass this resolution that passionate. This is a terrible thing to mandates is critical. But the issue of violence is just as important, if not we stand for law and order in this soci- do to these people. ety, but we also send a message to more important. The issue of violence But, most of all, the victims are all those who would even think of picking is one that every child in this country, the young women in this country who up a gun or a grenade or the chemicals unfortunately, understands and talks already, in situations like this, are that they spray underneath clinic about. The issue of violence is one that confronted with a very, very difficult doors that we are not going to stand we have to deal with at all levels. personal decision. They want counsel- by—that this Attorney General, by the ing and, if they make a particular deci- I think it is extremely important way, is not standing by. She has at her sion, they want good medical atten- that this body go on record in this Na- disposal some 2,000 members of the U.S. tion. I want to remind all in this body, tion, now, to say to our kids that we Marshals Service and 10,000 FBI agents. Mr. President, that when Mr. Salvi will not condone violence in any way, She has contacted the U.S. attorneys. I walked into the first clinic on Beacon shape, or form. No matter how we feel know the U.S. attorney for northern Street on Friday, December 30 and about the issue of choice, whether we California, in San Francisco, was con- started shooting, he was standing in a are pro-choice or pro-life, we have to tacted. I spoke with him at length. facility that not only performs abor- let people know in this country that we U.S. attorney Michael Yamaguchi is, in tions but also conducts Pap smears and will not accept violence as a means of fact, formulating a plan using all re- routine gynecological examinations. showing how we feel about an issue. We sources at his disposal. Each time an abortion clinic is threat- have to protect our citizens. Let me tell the Senate an additional ened with violence not only are those I commend the Senator from Califor- reason why this is so important. Not who seek abortion services in peril, but nia for bringing this issue before the only do we need to send a message to those who use a wide range of repro- Senate. I sincerely ask all of our col- the decent people who work or volun- ductive health service are as well. leagues to list their objections so that teer at these clinics and to the women These people are the true victims, we can move quickly to send a strong across this land that we protect them, the ultimate victims, who are intimi- message to this country that we will but we also need to send a message to dated from exercising their rights as back the rights of every citizen and we those who would consider violence or Americans to make those decisions for will not condone violence in this coun- the groups who may not think they are themselves. try. inciting violence. But, when they call S 924 CONGRESSIONAL RECORD — SENATE January 13, 1995 doctors murderers, they ought to Over the last few years, the success will get a big test when they play the rethink it. They ought to rethink their of the UConn men’s and women’s bas- 10th-ranked Georgetown team. language. Anyone can oppose a law. ketball teams have inspired a feverish Regardless of what happens, to say Anyone can work for Senators who sup- following that has actually earned its the obvious, the State of Connecticut port their view to outlaw a woman’s own name, which is ‘‘Huskymania.’’ feels that these Huskies are winners. right to choose. I would absolutely ap- Each season, these teams bring the We wish them the best of luck as they plaud a person for taking their feelings State a little closer and make those try to not only fulfill their dreams but and working to change the system. cold Connecticut winters all the more ours. That is what America is about. bearable. I thank the Chair, and I suggest the But we do not take a gun out, or a I know the occupant of the chair has absence of a quorum. knife out, and slash each other up some relatives from Connecticut, and The PRESIDING OFFICER. The when we disagree. Not in this country, he can testify at least to the coldness clerk will call the roll. or at least we never did. And we are not of the winters. The assistant legislative clerk pro- talking about one incident; 130 inci- These days, we all feel with great ceeded to call the roll. dents of violence nationwide in 1994 pride that our Connecticut Huskies are Mr. GRASSLEY. Mr. President, I ask alone; 50 reports of death threats to top dogs. The latest basketball polls unanimous consent that the order for doctors and other clinic workers; 40 in- nationally show that both the men’s the quorum call be rescinded. cidents of vandalism; 16 incidents of and women’s teams are ranked second The PRESIDING OFFICER. Without stalking; 4 acts of arson; and 3 at- in the country, which is the highest objection, it is so ordered. tempted bombings. combined ranking of any school in the f We better say something here in the Nation. I think even the most passion- U.S. Senate. We better say it clearly ate partisan of some other college RECESS because the message has to get out. If team would recognize what a tremen- Mr. GRASSLEY. Mr. President, I the Attorney General feels that she dous accomplishment this is for a ask, as under the previous order, that needs more help, I hope she will let school from a State the size of Con- the Senate stand in recess until 11 a.m. Members know. Senator FEINGOLD is on necticut. Thereupon, the Senate, at 9:58 a.m., the Judiciary Committee and he stands I think it is really a remarkable trib- recessed until 11:01:39 a.m.; whereupon, ready to hear. But it is my belief, after ute to the young men and women who the Senate reassembled when called to talking to the U.S. attorney for north- have worked so hard in pursuit of ex- order by the Presiding Officer [Mr. ern California, that they are beginning cellence and a dream—the school’s first KEMPTHORNE]. to put together the type of operation national championship in basketball— f they need to make these clinics safe. and to the great coaches who lead We have to go on record—Repub- them, Jim Calhoun and Geno RECESS licans and Democrats alike—that we Auriemma. The PRESIDING OFFICER. The will not stand by and allow innocent These Huskies, if I may continue this Chair, in his capacity as a Senator people to be harmed. That is the least metaphor, clearly have a bite to match from the State of Idaho, seeks unani- that we can do in this circumstance. I their bark. The 11–0 men’s team is the mous consent that the Senate stand in look forward to hearing, once more, only team among the Nation’s 302 Divi- recess until 11:30 a.m. from the majority leader, whom I have sion I schools that has yet to be beat- Without objection it is so ordered. discussed this with and from the new en, and we are very proud of that. There being no objection, the Senate, chairman of the Judiciary Committee It is also worth noting that the at 11:01:48, recessed until 11:30 a.m.; whom I have also discussed this with, Huskies are achieving this extraor- whereupon, the Senate reassembled and I want to compliment Senator dinary start this year even after losing when called to order by the Presiding OLYMPIA SNOWE for working with me in their All-American big man, Donyell Officer [Mr. THOMAS]. the most bipartisan fashion. As a mat- Marshall, to the NBA. If I can extend ter of fact, we spoke very late last f my pride regionally, it would be impor- night. We spoke at about 11 last night, tant to note that the UConn men this CONGRESS-BUNDESTAG EXCHANGE and she intends to do her part on her week are second to the University of side of the aisle to get this bill cleared. Mr. LIEBERMAN. Mr. President, Massachusetts, which marks the first I hope we will do that today. Frank- since 1983, the time that two teams from New England ly, Mr. President, I think it will make and the German Parliament, the Bun- us proud to pass this bipartisan bill. I have ever been ranked 1 and 2. destag, have conducted an annual ex- yield the floor. Mr. President, I suggest The UConn women’s team, which is change program for staff members the absence of a quorum. also 11–0, has been equally impressive. from both countries. The program The PRESIDING OFFICER. The These Huskies have been ranked second gives professional staff the opportunity clerk will call the roll. for much of the season, actually beat- to observe and learn about the work- The assistant legislative proceeded ing their opponents by an average of ings of each other’s political institu- to call the roll. more than 40 points per game. This is a tions and convey Members’ views on is- Mr. LIEBERMAN. Mr. President, I very dominant team. They are led by sues of mutual concern. ask unanimous consent that the order All-American center Rebecca Lobo, This year marks the fifth exchange for the quorum call be rescinded. who is an exceptional student athlete— with a reunified Germany and a par- The PRESIDING OFFICER. Without remarkable athlete—but an extraor- liament consisting of members from all objection, it is so ordered. dinary student as well. 16 German states. A delegation of staff So I want to take this opportunity on members from the United States Con- f this particular Friday to salute both gress will be chosen to visit Germany teams who, in my opinion, are a classic from May 7 to May 20. During the 2- A TRIBUTE TO UCONN example of what can happen when you week exchange, most of it will be spent BASKETBALL aim high and work hard. I want to con- at meetings conducted by Bundestag Mr. LIEBERMAN. I thank the Chair. gratulate them on their success. I Members, Bundestag party staff mem- Mr. President, in my home State of know that they have a tough road bers, and representatives of political, Connecticut we face many challenges ahead of them from now on, but what business, academic, and the media. this winter: An economy that is begin- they have achieved up until now should Cultural activities and a weekend visit ning to recover, hopes are rising, and not go uncomplimented and they in a Bundestag Member’s district round still a lot of work to do. But there is should know how much we appreciate out the exchange. one element of life in the State that them. A comparable delegation of German really has brought us all closer to- This Monday, the UConn women will staff members will visit the United gether, and that is the University of face the No. 1 Tennessee Volunteers, States in July for a 3-week period. Connecticut Huskies basketball teams. and on that same day, the UConn men They will attend similar meetings here January 13, 1995 CONGRESSIONAL RECORD — SENATE S 925 in Washington and visit the districts of failed at this time to reach a just and clude testifying before Congress in 1969 congressional Members over the equitable peace. I am pained to see to advocate the formation of a Federal Fourth of July recess. that the administration has arrived at agency to fight alcohol abuse, serving The Congress-Bundestag Exchange is the stance that the Karadzic Serbs can- three terms as president of the Alcohol highly regarded in Germany, and is one not be stopped and have thus conceded and Drug Problems Association of of several exchange programs spon- to nearly all of their demands. Owing North America; chairing the Alcohol sored by public and private institutions to the fact that yesterday was the 44th Policies Project Advisory Board for the in the United States and Germany to anniversary of the Genocide Conven- Center for Science in the Public Inter- foster better understanding of the poli- tion, it is an outrage that the adminis- est; serving as president, chairman, tics and policies of both countries. tration has allowed the slaughter in and member of the board of directors of The U.S. delegation should consist of Bosnia to continue to go on. the Council of State and Territorial Al- experienced and accomplished Hill staff This one-sided approach to the issue coholism Authorities; serving on the members who can contribute to the is embarrassing and an affront to a Robert Wood Johnson Foundation Head success of the exchange on both sides people who wish only to be free of Ser- Start Partnership to Promote Sub- of the Atlantic. The Bundestag sends bian attack. The Bosnian Government stance Free Communities; and cur- senior staff professionals to the United asks only one thing of us, a lifting of rently chairing the Expert Panel of the States. The United States endeavors to the arms embargo. While the Senate National Center for the Advancement reciprocate. has repeatedly tried to do so, the ad- of Prevention. Applicants should have a demon- ministration continues to refuse to do This service has brought Jerry strable interest in events in Europe. this, only worsening the situation. McCord repeated recognition at the na- This is outrageous. Applicants need not be working in the tional level, including a Lifetime Ca- Mr. President, following the Holo- field of foreign affairs, although such a reer Achievement Award from the Na- caust, the slogan ‘‘Never Again,’’ be- background can be helpful. The com- tional Association of State Alcohol and came a watchword. It was supposed to posite United States delegation should Drug Abuse Directors, the Outstanding mean that we would remain vigilant to exhibit a range of expertise in issues of Leadership and Dedication to the Alco- mutual concern in Germany and the ensure that never again, would an en- tire population be subjected to exter- hol Field award from the same organi- United States such as, but not limited zation, the First Annual Leadership in to, trade, security, the environment, mination. Today, however, this is not the case. Today, the watchword seems Prevention Award from the National immigrations, economic development, Association of Prevention Profes- health care, and other social policy is- to be, ‘‘Yes, Again.’’ This is very dis- heartening and it cannot continue. sionals and Advocates, and the Out- sues. standing Individual Offering National f In addition, U.S. participants are ex- Leadership in the Alcohol and Drug pected to help plan and implement the ON THE RETIREMENT OF WILLIAM Problems Field Award from the Alco- program for the Bundestag staff mem- J. MCCORD hol and Drug Problems Association of bers when they visit the United States. Mr. HOLLINGS. Mr. President, I rise North America. And, of course, Jerry Participants are expected to assist in has been my tutor on the best direction planning topical meetings in Washing- to commemorate the service of William J. McCord, the Nation’s longest-serving for Federal policy. ton, and are encouraged to host one or Thus, it is with personal pride, but two staff people in their Member’s dis- director of a State alcohol and drug abuse prevention and treatment agen- also speaking for those who know of trict over the Fourth of July, or to ar- his influence in South Carolina and range for such a visit to another Mem- cy. Mr. Jerry McCord is resigning on February 16 after fulfilling a thirty- across the country, that I commend ber’s district. Mr. William J. McCord for his generous Participants will be selected by a five year mission to build a system in South Carolina that helps citizens career and wish him the best in what I committee composed of U.S. Informa- am sure will be an active retirement. tion Agency personnel and past partici- avoid and defeat the curse of addiction. pants of the exchange. When he became the first full-time em- f Senators and Representatives who ployee of the fledgling State Alcohol- ism Education Program instituted at would like a member of their staff to S. 2, THE CONGRESSIONAL the start of my Governorship in 1959, apply for participation in this year’s ACCOUNTABILITY ACT none of us knew he would eventually program should direct them to submit guide an agency that treats more than Mr. LIEBERMAN. Mr. President, I a re´sume´ and cover letter in which 30,000 South Carolinians yearly and would like to take this opportunity to they state why they believe they are leads the Nation in its focus on pre- explain to the Senate and my constitu- qualified, and some assurances of their venting alcohol abuse among teens. ents my reason for missing two votes ability to participate during the time Jerry McCord has pursued his vision on Friday, January 9. These votes were stated. Applications may be sent to of an addiction-free population, not on two separate amendments offered to Kathie Scarrah, in my office at 316 just within the community of treat- S. 2, the Congressional Accountability Hart Senate Building, by Wednesday, ment professionals, but on every front. Act. February 15. He has taught at both of South Caroli- The first amendment, offered by Sen- f na’s medical colleges, helped found a ator EXON, would have created a point of order against any budget resolution WAS CONGRESS IRRESPONSIBLE? nonprofit foundation for drug abuse brought before the Congress that fails THE VOTERS SAID ‘‘YES’’ prevention, and received the Distin- guished Service award from the South to set forth a glide path to a balanced Mr. HELMS. Mr. President, as of the Carolina Correctional Association for budget by the year 2002. The amend- close of business on Thursday, January his work with law enforcement. He has ment would also make out of order any 12, the Federal debt stood at fostered a system of county commis- budget resolution or amendment to the $4,809,182,675,997.48 meaning that on a sions that lets each commission meet Budget Act that sets forth a level of per capita basis, every man, woman, the needs of its community, while con- outlays for fiscal year 2002 that exceeds and child in America owes $18,255.74 as tinually championing a longterm, sys- the level of revenues for that fiscal his or her share of that debt. tem-wide goal of prevention, particu- year. This amendment is printed on f larly among the young. In short, Jerry page S540 of the CONGRESSIONAL has dedicated his long and vigorous ca- RECORD of January 6, 1995. REGARDING BOSNIA reer to building a flexible, longterm The second amendment in question Mr. D’AMATO. Mr. President, I rise system to benefit future generations. was offered by Senator SIMON. This today to comment on the situation in In addition to his wide-ranging serv- sense-of-the-Senate resolution called Bosnia. ice in South Carolina, Jerry has always on the Bridgestone/Firestone Corp. to While the situation in Bosnia is ad- made time to help the Nation find bet- reconsider its decision to hire perma- mittedly better than what it was sev- ter prevention and treatment policies. nent replacement workers and return eral months ago, we have nevertheless His myriad national contributions in- to the bargaining table and bargain in S 926 CONGRESSIONAL RECORD — SENATE January 13, 1995 good faith with the United Rubber Bridgestone/Firestone to resume good CHRISTOPHER SHAYS, my friend and col- Workers of America, the representative faith negotiations with its striking em- league from Connecticut, was the origi- of their employees. This amendment is ployees, and that is a goal I support. nal author of the Congressional Ac- printed on page S557 of the CONGRES- Mr. President, I would also like to countability Act. He has been tireless SIONAL RECORD of January 6, 1995. note that I voted against the adoption in his advocacy of this legislation, and Mr. President, I was unavoidably ab- of many amendments during consider- I would like to praise him for moving sent from the Senate when rollcall ation of S. 2 which I would ordinarily his bill through the House of Rep- votes were held on these two measures support. Among these are many of the resentatives not only last year, but on the afternoon of the 9th. Earlier amendments regarding campaign fi- also again on the first day of the 104th that day I felt compelled to leave nance reform and the Levin-Wellstone- Congress. I offer him my congratula- Washington, DC in order to tend to an Feingold-Lautenberg amendment re- tions on his great success. important family matter. I regret my garding a prohibition on gifts to mem- Last among my colleagues I would necessary absence, and I would like to bers of Congress and their staff and full like to thank the majority leader, Sen- explain how I would have voted on disclosure of lobbyists and their con- ator DOLE, for giving this bill privi- these amendments and my thoughts on tacts. These were worthy measures leged consideration as the first bill the substance of the amendments. which I have supported in the past, and brought to the Senate floor in the 104th Before any amendments were offered I note that the majority leader has in- Congress. I believe the majority leader to S. 2, I decided to vote against the dicated he would bring to the Senate wisely saw that quick passage of this addition of all nongermane amend- floor legislation prohibiting gifts and bill could help restore the public’s ments that my colleagues might offer. requiring full disclosure of lobbying, as faith in Congress and the ability of our As a sponsor of S. 2, I saw the need to well as comprehensive campaign fi- two political parties to work together move the bill though the Senate with- nance reform in the early months of again, and I offer him my sincere out the addition of nongermane amend- this 104th Congress. thanks for choosing to designate the ments which would have slowed pas- Mr. President, I would also like to Congressional Accountability Act as S. sage of the bill and possibly forced a take this opportunity to thank my col- 2. lengthy and contentious conference be- leagues who were instrumental in pas- Finally, I would like to thank all the tween the Senate and the House. I felt sage of the Congressional Accountabil- staff who worked tirelessly on this leg- it was in the interest of the entire Con- ity Act. Senator GRASSLEY deserves islation. I would like to thank Melissa gress that we take quick and decisive enormous credit for his tireless efforts Patack, formerly of Senator GRASS- action on S. 2. I am convinced that the to build support for this legislation and LEY’s staff, who worked with my staff best way for Democrats and Repub- his skilled stewardship of this bill on to formulate the first bill, S. 2071, licans to begin the 104th Congress is by the Senate floor over the past week. which Senator GRASSLEY and I au- promptly enacting this legislation, Since the later years of the last decade thored in the 103d Congress. I would which helps restore the American my friend from Iowa has reminded this also like to thank Frederick S. Ansell public’s confidence in our system of body on a continual basis that it can- of Senator GRASSLEY’s staff, who governance. I believe that quick enact- not continue to maintain a double worked many long hours over the holi- ment of the Congressional Account- standard which is offensive to the pub- days to finish preparation of the bill ability Act, which will require Con- lic and injurious to our system of gov- for floor action in early January. This gress to live by the same laws it im- ernance. Our success is due in large was an extremely demanding task, and poses on the rest of the country, will part to his longstanding commitment I thank Fred for his sacrifice, patience, go a long way toward achieving that to this legislation. It was a privilege to and good humor. goal. I was concerned that amendment work on this bill with him, both last I would also like to thank Lawrence to S. 2 would force a lengthy con- year on our bill S. 2071, and on this B. Novey of the Governmental Affairs ference and delay the bill. year’s version, S. 2. Committee. Larry worked many week- Had I not felt the need to vote I would also like to thank Senator ends and late nights in the 103d Con- against all amendments to S. 2 in order JOHN GLENN, who moved this bill gress to coordinate the committee’s to expedite swift passage, I would have through the Governmental Affairs hearings on this legislation, organize a voted in favor of the Exon amendment Committee in the 103d Congress and markup, draft the committee report, to require a roadmap to a balanced continued his work on this bill in the and ready the bill for floor consider- budget by the year 2002. While I whole- 104th Congress as the Democratic floor ation in October. The bill the Senate heartedly endorse the goal of a bal- manager of S. 2. Like Senator GRASS- passed on Wednesday is based largely anced budget, I have long been troubled LEY, Senator GLENN’s successful effort on the committee-passed bill, so it is by the fact that we have not come up in the past week to move this bill fitting that we recognize Larry’s enor- with a coherent plan that will get us to through the Senate was the culmina- mous contributions to the bill. Larry that goal. As we all know, the devil is tion of many years of work. Beginning also spent many long hours over the in the details, and the Exon amend- in 1978 my friend from Ohio introduced holidays preparing the bill for floor ac- ment sought to get at those details. legislation seeking to bring Congress tion, and we are clearly the benefactors For this reason, I support the thrust of under the same employment laws it of his commitment, wide knowledge, the Exon amendment, and I anticipate imposes on the private sector, and so I and legal skill. Senator EXON will offer it again when see passage of this bill as the happy My thanks also go to Michael Fox the Senate considers the balanced culmination of many years of work on and Peter Carson of Congressman budget amendment to the Constitu- the part of Senator GLENN. I would also SHAYS’ staff, who first began work on tion. like to note that immediately follow- the Congressional Accountability Act Mr. President, I would also like to ing Senate passage of S. 2, Senator and produced H.R. 349, the very first note my support for the thrust of the GLENN proceeded to serve as the floor version of the bill. By aggressively Simon sense-of-the-Senate resolution. manager for the unfunded mandates seeking a wide, bipartisan group of co- This resolution simply sought to ex- bill. Acting as floor manager for one sponsors and the consent of the House press the collective view of the Senate bill is difficult enough. Acting as floor leadership in the 103d Congress, Peter that Bridgestone/Firestone should not manager for two complex pieces of leg- and Michael assisted Congressman replace thousands of its striking work- islation in immediate succession is a SHAYS in laying the political founda- ers with permanent replacements. The challenge that most Senators never tion of this bill, and made it that much resolution would have had no binding face, and so I would like to commend easier for my staff to do the same in legal effect on the parties in dispute, Senator GLENN for his stamina, good the Senate. but its intent was entirely consistent humor, and willingness to tackle two Before concluding, I would like to with the National Labor Relations Act, intricate pieces of legislation at once. offer many thanks to our Senate Legal which requires parties in a collective Mr. President, I should also mention Counsel, Michael Davidson, and his as- bargaining dispute to negotiate in good my colleagues, in the House who origi- sistant counsel, Claire M. Sylvia. Mike faith. The Simon resolution asks nated this legislation. Congressman and Claire provided invaluable counsel January 13, 1995 CONGRESSIONAL RECORD — SENATE S 927 on a variety of matters, ranging from 1.2 Additional Meetings. The Chairman, in vance of the hearing, a written statement of technical drafting points to constitu- consultation with the Ranking Minority his or her testimony and as many copies as tional issues surrounding this legisla- Member, may call such additional meetings the Chairman of the Committee or sub- tion. As always, their counsel was as he deems necessary. committee prescribes. 1.3 Notification. In the case of any meeting 3.3 Minority Witnesses. In any hearing con- sound, impartial, and imbued with the of the Committee, other than a regularly ducted by the Committee, or any sub- wisdom and insight of a first-rate legal scheduled meeting, the Clerk of the Commit- committee thereof, the minority members of team. In addition to the gratitude that tee shall notify every member of the Com- the Committee or subcommittee shall be en- Senator GRASSLEY and I owe Michael mittee of the time and place of the meeting titled, upon request to the Chairman by the and Claire, I believe the Senate and in- and shall give reasonable notice which, ex- Ranking Minority Member of the Committee deed, the entire Congress, is indebted cept in extraordinary circumstances, shall be or subcommittee to call witnesses of their to them, because their counsel has im- at least 24 hours in advance of any meeting selection during at least one day of such held in Washington, D.C. and at least 48 hearing pertaining to the matter or matters proved the substance of this legislation hours in the case of any meeting held outside so greatly. Michael Davidson and his heard by the Committee or subcommittee. Washington, D.C. 3.4 Swearing in of Witnesses. Witnesses in staff are a great credit to the U.S. Sen- 1.4 Called Meeting. If three members of the Committee or subcommittee hearings may ate. Committee have made a request in writing be required to give testimony under oath Finally, I would like to thank Fred to the Chairman to call a meeting of the whenever the Chairman or ranking Minority Committee, and the Chairman fails to call Richardson and John Nakahata of my Member of the Committee or subcommittee such a meeting within seven calendar days staff for their dedication to enactment deems such to be necessary. thereafter, including the day on which the 3.5 limitation. Each member shall be lim- of this bill. I know that the Senate’s written notice is submitted, a majority of ited to five minutes in the questioning of approval of this legislation on January the members may call a meeting by filing a any witness until such time as all members 11 was particularly meaningful to both written notice with the Clerk of the Commit- of them, but for very different reasons. tee who shall promptly notify each member who so desire have had an opportunity to question a witness. Questions from members For Fred I know it was a very happy of the Committee in writing of the date and time of the meeting. shall rotate from majority to minority mem- coincidence that final passage of the bers in order of seniority or in order of arriv- Congressional Accountability Act 1.5 Adjournment of Meetings. The Chair- man of the Committee or a subcommittee al at the hearing. came on his birthday, after nearly 2 shall be empowered to adjourn any meeting RULE 4—NOMINATIONS years of work and countless drafts of of the Committee or a subcommittee if a 4.1 Assignment. All nominations shall be the legislation. For John, it is with a quorum is not present within fifteen minutes mixture of deep personal regret and of the time scheduled for such meeting. considered by the full Committee. 4.2 Standards. In considering a nomination, real happiness for John that I note that RULE 2—MEETINGS AND HEARINGS IN GENERAL the Committee shall inquire into the nomi- the day of final passage for S. 2 was 2.1 Open Sessions. Business meetings and nee’s experience, qualifications, suitability, also John’s last day of service in the hearings held by the Committee or any sub- and integrity to serve in the position to Senate. committee shall be open to the public except which he or she has been nominated. While I am very happy to see John as otherwise provided for in Senate Rule 4.3 Information. Each nominee shall sub- advance his career and new challenges XXVI, paragraph 5. mit in response to questions prepared by the 2.2 Transcripts. A transcript shall be kept Committee the following information: at the Federal Communications Com- of each business meeting and hearing of the mission, it is with deep sadness that I (1) A detailed biographical resume which Committee or any subcommittee unless a contains information relating to education, see John leave my staff. John’s energy, majority of the Committee or the sub- employment, and achievements; intellect, and reputation for unfailing committee agrees that some other form of (2) Financial information, including a fi- professionalism is well known in the permanent record is preferable. nancial statement which lists assets and li- Senate, and his departure is a great 2.3 Reports. An appropriate opportunity abilities of the nominee; and loss to me and my staff. He will be shall be given the Minority to examine the (3) Copies of other relevant documents re- proposed text of Committee reports prior to deeply missed. But I am very pleased quested by the Committee. their filing or publication. In the event there Information received pursuant to this sub- that John’s final day happened to coin- are supplemental, minority, or additional cide with passage of this legislation to section shall be available for public inspec- views, an appropriate opportunity shall be tion except as specifically designated con- which he devoted so much time and en- given the Majority to examine the proposed fidential by the Committee. ergy. John’s imprint can be found text prior to filing or publication. 4.4 Hearings. The Committee shall conduct throughout the text of the bill and in 2.4 Attendance. (a) Meetings. Official at- a public hearing during which the nominee tendance of all markups and executive ses- the history of its movement through shall be called to testify under oath on all sions of the Committee shall be kept by the the Senate, and so I hope he leaves the matters relating to his or her suitability for Committee Clerk. Official attendance of all office. No hearing shall be held until at least Senate with S. 2 as a memento to his subcommittee markups and executive ses- 48 hours after the nominee has responded to talents, energy, and understanding of sions shall be kept by the subcommittee a pre-hearing questionnaire submitted by the the institution, and also with a sense Clerk. Committee. (b) Hearings. Official attendance of all of closure and success on a very com- 4.5 Action on confirmation. A business hearings shall be kept, provided that, Sen- plex and important piece of legislation. meeting to consider a nomination shall not ators are notified by the Committee Chair- Thank you, John, for your years of occur on the same day that the hearing on man and Ranking Minority Member, in the service and your invaluable work on the nominee is held. The Chairman, with the case of Committee hearings, and by the sub- agreement of the Ranking Minority Member, the Congressional Accountability Act. committee Chairman and Ranking Minority may waive this requirement. f Member, in the case of subcommittee hear- ings, 48 hours in advance of the hearing that RULE 5—QUORUMS RULES OF THE COMMITTEE ON attendance will be taken. Otherwise, no at- 5.1 Testimony. For the purpose of receiving AGRICULTURE, NUTRITION, AND tendance will be taken. Attendance at all evidence, the swearing of witnesses, and the FORESTRY hearings is encouraged. taking of sworn or unsworn testimony at any Mr. LUGAR. Mr. President, I submit RULE 3—HEARING PROCEDURES duly scheduled-hearing, a quorum of the for publication in the RECORD a copy of 3.1 Notice. Public notice shall be given of Committee and each subcommittee thereof the rules adopted by the Committee on the date, place, and subject matter of any shall consist of one member. hearing to be held by the Committee or any 5.2 Business. A quorum for the transaction Agriculture, Nutrition, and Forestry subcommittee at least one week in advance of Committee or subcommittee business, on January 12, 1995. of such hearing unless the Chairman of the other than for reporting a measure or rec- There being no objection, the rules full Committee or the subcommittee deter- ommendation to the Senate or the taking of were ordered to be printed in the mines that the hearing is noncontroversial testimony, shall consist of one-third of the RECORD, as follows: or that special circumstances require expe- members of the Committee or subcommittee, dited procedures and a majority of the Com- including at least one member from each RULES OF THE COMMITTEE ON AGRICULTURE, mittee or the subcommittee involved con- party. NUTRITION, AND FORESTRY curs. In no case shall a hearing be conducted 5.3 Reporting. A majority of the member- RULE 1—MEETINGS with less than 24 hours notice. ship of the Committee shall constitute a 1.1 Regular Meetings. Regular meetings 3.2 Witness Statements. Each witness who quorum for reporting bills, nominations, shall be held on the first and third Wednes- is to appear before the Committee or any matters, or recommendations to the Senate. day’s of each month when Congress is in ses- subcommittee shall file with the Committee No measure or recommendation shall be or- sion. or subcommittee, at least 24 hours in ad- dered reported from the Committee unless a S 928 CONGRESSIONAL RECORD — SENATE January 13, 1995 majority of the Committee members are the Committee, is delegated the authority to of full consideration by Congress, of Federal physically present. The vote of the Commit- subpoena the attendance of witnesses or the mandates on State, local, and tribal govern- tee to report a measure or matter shall re- production of memorandum, documents, ments without adequate funding, in a man- quire the concurrence of a majority of those records, or any other materials at a hearing ner that may displace other essential gov- members who are physically present at the of the Committee or a subcommittee or in ernmental priorities; and to ensure that the time the vote is taken. connection with the conduct of an investiga- Federal Government pays the costs incurred RULE 6—VOTING tion authorized in accordance with para- by those governments in complying with cer- 6.1 Roll calls. A roll call vote of the mem- graph 8.1. The Chairman may subpoena at- tain requirements under Federal statutes bers shall be taken upon the request of any tendance or production without the approval and regulations, and for other purposes. member. of the Ranking Minority Member when the The Senate resumed consideration of Chairman has not received notification from 6.2 Proxies. Voting by proxy as authorized the bill. by the Senate Rules for specific bills or sub- the Ranking Minority Member of dis- jects shall be allowed whenever a quorum of approval of the subpoena within 72 hours, ex- Pending: the Committee is actually present. cluding Saturdays and Sundays, of being no- Committee amendment on page 15, line 6. 6.3 Polling. The Committee may poll any tified of the subpoena. If a subpoena is dis- The PRESIDING OFFICER. The matters of Committee business, other than a approved by the Ranking Minority Member pending question is the committee vote on reporting to the Senate any meas- as provided in this paragraph the subpoena may be authorized by vote of the members of amendment on page 15, line 6. ures, matters or recommendations or a vote Mr. KEMPTHORNE addressed the on closing a meeting or hearing to the pub- the Committee. When the Committee or lic, provided that every member is polled and Chairman authorizes subpoenas, subpoenas Chair. every poll consists of the following two ques- may be issued upon the signature of the The PRESIDING OFFICER. The Sen- tions: Chairman or any other member of the Com- ator from Idaho. (1) Do you agree or disagree to poll the pro- mittee designated by the Chairman. Mr. KEMPTHORNE. Thank you very posal; and 8.3 Notice for taking depositions. Notices much, Mr. President. (2) Do you favor or oppose the proposal. for the taking of depositions, in an investiga- Mr. President, we have begun a good If any member requests, any matter to be tion authorized by the Committee, shall be polled shall be held for meeting rather than authorized and be issued by the Chairman or discussion on S. 1, a bill that is de- being polled. The chief clerk of the commit- by a staff officer designated by him. Such no- signed to realign federalism so that our tee shall keep a record of all polls. tices shall specify a time and place for exam- State and local partners realize that RULE 7—SUBCOMMITTEES ination, and the name of the Senator, staff they are indeed partners and not spe- officer or officers who will take the deposi- 7.1 Assignments. To assure the equitable cial interest groups that are out there. tion. Unless otherwise specified, the deposi- assignment of members to subcommittees, It also pays attention to the private tion shall be in private. The Committee shall no member of the Committee will receive as- sector so that we will know as a deci- not initiate procedures leading to criminal signment to a second subcommittee until, in or civil enforcement proceedings for a sionmaking body the cost and the im- order of seniority, all members of the Com- witness’s failure to appear unless the deposi- pact of these mandates before we vote mittee have chosen assignments to one sub- tion notice was accompanied by a Commit- to impose them. Of course, it provides committee, and no member shall receive as- tee subpoena. signment to a third subcommittee until, in for a waiver so that if we choose to 8.4 Procedure for taking depositors. Wit- order of seniority, all members have chosen take some altered course we may do so. nesses shall be examined upon oath adminis- assignments to two subcommittees. It enhances our decisionmaking abil- tered by an individual authorized by local 7.2 Attendance. Any member of the Com- ity. As a result of many hours of dis- law to administer oaths. The Chairman will mittee may sit with any subcommittee dur- rule, by telephone or otherwise, on any ob- cussion yesterday where we talked ing a hearing or meeting but shall not have jection by a witness. The transcript of a dep- about this, a number of Senators were the authority to vote on any matter before osition shall be filed with the Committee able to address some of their points the subcommittee unless he or she is a mem- Clerk. and the support that they have for this ber of such subcommittee. 7.3 Ex Officio Members. The Chairman and RULE 9—AMENDING THE RULES bill. Some raised concerns of specific Ranking Minority Member shall serve as These rules shall become effective upon aspects of that bill. But as a result of nonvoting ex officio members of the sub- publication in the Congressional Record. that, we realize that reporters all committees on which they do not serve as These rules may be modified, amended, or re- across America are beginning to truly voting members. The Chairman and Ranking pealed by the committee, provided that all focus on this issue by calling the city Minority Member may not be counted to- members are present or provide proxies or if halls and county courthouses and the ward a quorum. a notice in writing of the proposed changes school districts in their regions. And 7.4 Scheduling. No subcommittee may has been given to each member at least 48 schedule a meeting or hearing at a time des- hours prior to the meeting at which action they are asking the mayors and the ignated for a hearing or meeting of the full thereon is to be taken. The changes shall be- county commissioners, ‘‘What about Committee. No more than one subcommittee come effective immediately upon publication these unfunded mandates? Is this truly business meeting may be held at the same of the changed rule or rules in the Congres- a problem and can you give us some ex- time. sional Record, or immediately upon approval amples?’’ So the stories are starting to 7.5 Discharge. Should a subcommittee fail of the changes if so resolved by the Commit- come forward of what these unfunded to report back to the full Committee on any tee as long as any witnesses who may be af- Federal mandates are, which are hid- measure within a reasonable time, the Chair- fected by the change in rules are provided man may withdraw the measure from such with them. den Federal taxes. In today’s USA Today, for example, subcommittee and report that fact to the f full Committee for further disposition. The is a good story talking about Colum- full Committee may at any time, by major- CONCLUSION OF MORNING bus, OH, and the unfunded Federal ity vote of those members present, discharge BUSINESS mandates. Really Columbus, OH, is one a subcommittee from further consideration of those cities—Mayor Gregory of a specific piece of legislation. The PRESIDING OFFICER. Morning business is closed. Lashutka is not only an effective 7.6 Application of Committee Rules to Sub- mayor but a good friend of mine—one committees. The proceedings of each sub- f committee shall be governed by the rules of of the first cities to document these the full Committee, subject to such author- UNFUNDED MANDATE REFORM unfunded Federal mandates. It has be- izations or limitations as the Committee ACT come a good source of information for may from time to time prescribe. The PRESIDING OFFICER. Under many of us. RULE 8—INVESTIGATIONS, SUBPOENAS AND the previous order, the Senate will now I received in the mail, also, Mr. DEPOSITIONS resume consideration of S. 1, which the President, a letter. Because we talked 8.1 Investigations. Any investigation un- clerk will report. about the cities, the counties, and the dertaken by the Committee or a subcommit- States, we referenced the schools. But I tee in which depositions are taken or subpoe- The assistant legislative clerk read as follows: think this helps make the point about nas issued, must be authorized by a majority the impact on the schools. of the members of the Committee voting for A bill (S. 1) to curb the practice of impos- This is a letter from James B. approval to conduct such investigation at a ing unfunded Federal mandates on States business meeting of the Committee convened and local governments; to strengthen the Appleberry, president of the American in accordance with Rule 1. partnership between the Federal Govern- Association of State Colleges and Uni- 8.2 Subpoenas. The Chairman, with the ap- ment and State, local and tribal govern- versities, and C. Peter Magrath, presi- proval of the Ranking Minority Member of ments; to end the imposition, in the absence dent, National Association of State January 13, 1995 CONGRESSIONAL RECORD — SENATE S 929 Universities and Land-Grant Colleges. I needs to move through the process without on Governmental Affairs. However, the would like to just read a couple of weakening amendments. committee at first voted not to accom- statements that they make in their Today, school children throughout the pany this bill with a committee report. letter dated January 6. country are facing the prospect of reduced classroom construction because the Federal I want to compliment my friend from We write on behalf of the institutions—— Government requires, but does not fund, West Virginia, Senator BYRD, who has —Which I just referenced. services or programs that local school boards in the last 2 days—in my opinion, jus- in support of S. 1, the Unfunded Mandate Re- are directed to implement. School boards are tifiably so—requested, before this form Act of 1995. Together AASCU and not opposed to the goals of many of these measure be considered, a committee re- NASULGC represent virtually all of the na- mandates, but we believe that Congress port from the other committee of juris- tion’s public four year colleges and univer- should be responsible for funding the pro- diction, which is the Committee on the grams it imposes on school districts. Our Na- sities, enrolling more than 5.5 million stu- Budget. In my opinion, even though I dents. tion’s public school children must not be made to pay the price for unfunded federal am a member of the Governmental Af- They go on to cite that: mandates. fairs Committee, the Budget Commit- Our associations have a long-standing pub- Strong statements, Mr. President, tee report is more meaningful to this lic policy position of discouraging congres- from leaders of elementary, secondary, particular bill than the Governmental sional efforts to pass legislation that im- as well as the universities of this Na- Affairs Committee report. poses unfunded Federal mandates on the The Budget Committee has now made states. We know that Federal mandates are tion pointing out the impact of un- generally for worthy purposes, but our con- funded Federal mandates on our chil- its report. It has been given to the Sen- cern rests on the fact that Federal mandates dren and on our students of this coun- ate, but only in the past few hours. diminish a State’s ability to address its own try. This morning, we received this particu- priorities. Mr. President, we have received the lar report on the Unfunded Mandates They go on to point out the reduction committee reports, one from the Gov- Reform Act of 1995. We now have the that they have experienced in funding ernmental Affairs Committee, the report. I must say, and tell my col- at the State level. They say: other from the Budget Committee. leagues that it is no news that since 10 In recent years, states have been forced to They have now been presented to Mem- o’clock, we have been in a meeting divert scarce discretionary dollars from vital bers of the Senate. They have been with Mr. Greenspan, Alan Greenspan, state programs in order to comply with new published. I know this was a concern of relative to the financial and economic Federal directives. Public higher education, the Senator from West Virginia. So crisis in Mexico. That has consumed funded primarily from state discretionary again, that has been taken care of so most of our morning. We have been in funds, is one of those areas where State ap- that all Senators have the opportunity recess most of this Friday morning, I propriations have been severely diminished to examine them. might add. I do not know how many as a result of newly mandated federal initia- tives. Since 1982, financial support of higher UNANIMOUS CONSENT REQUEST people have had the opportunity, I re- education from State and local funds has Mr. KEMPTHORNE. Mr. President, spectfully submit, to look at this par- dwindled from 7.6 percent of all revenues to because the reports are now in Sen- ticular committee report. 6.2 percent in 1993. When inflation and de- ators’ hands, I ask unanimous consent Finally, I think the issue of a sunset creased State funding are taken into ac- that the Republican planing committee of 3 years, which was left unresolved by count, higher education’s purchasing power amendments be considered, en bloc, the Committee on Governmental Af- has dropped by $7.7 billion since 1990. agreed en bloc, and the motion to re- fairs, is an issue that I think needs to This reduction in funding is not happening because the states have stopped valuing consider be laid upon the table with be addressed as we proceed with this higher education, but rather because un- the following exceptions: the amend- bill. A measure of this far-reaching im- funded Federal mandates have dried up all ment on page 25, the amendment on pact and consequence is a measure sources of a State’s discretionary revenue. page 27, and the amendment on page 33; which, in my opinion, at this time The main response to depleting state of dis- I further ask unanimous consent that needs a careful consideration of a sun- cretionary funds available to public colleges all adopted committee amendments be set provision, where all of this measure and universities has been to cut services and considered as original text for the pur- would sunset at the end of 3 years, in raise tuition. The subsequent tuition in- pose of further amendments. order to afford the Congress —the creases force students is to either borrow greater amounts or to forgo a postsecondary The PRESIDING OFFICER. Is there House and Senate—the mayors, Gov- education. objection? ernors, and all of us who are involved Mr. PRYOR. Mr. President, reserving This is at the heart of the education in this vast restructuring process, the the right to object, if I might, I want of this Nation, but because of these un- opportunity to see if we have made the to compliment our distinguished friend funded Federal mandates, the end re- right or the wrong decision, and to see from Idaho for his long-time commit- sult may be that students are forgoing if we need to make changes in this par- ment to the goals and to the premises postsecondary education, students who ticular concept that we have brought that this piece of legislation rep- would like to continue in their edu- to this great country of ours. resents. But I think, Mr. President, it cational opportunities. So with that being said, Mr. Presi- needs to be said that this is a far- What about the children at the ele- dent, I have reserved the right to ob- reaching, a very, very far-reaching mentary and secondary grade level? ject, and I have not entered an objec- piece of legislation. This is the letter dated January 11, tion. I see the distinguished Senator It is the most far-reaching piece of 1995, from Boyd Boehlje, who is the from West Virginia; and I see the dis- legislation that this body, the 104th president of the National School tinguished Senator from Michigan, who Congress of the U.S. Senate, has yet Boards Association. They state that: has been very much involved in the for- considered. mation of this particular legislation. The National School Boards Association, Mr. President, I sat through, the I yield the floor at this time. on behalf of the more than 95,000 locally elected school board members nationwide, other morning, a very extensive debate Mr. BYRD addressed the Chair. strongly supports S. 1, ‘‘The Unfunded Man- in the Committee on Governmental Af- The PRESIDING OFFICER (Mr. date Reform Act of 1995″ and urges you to re- fairs relative to this particular piece of DEWINE). The Senator from West Vir- ject all weakening amendments. legislation. And in that committee, ginia. They go on to say that: there were two issues that very much Mr. BYRD. Mr. President, I must S. 1 will bring an open, accountable, and concerned me, two issues that I am begin by saying that Senator informed decisionmaking process to future afraid, at least for the moment, at that KEMPTHORNE came to my office earlier proposals and regulations that impact school time were disposed of. One of those is- and showed me this request. I am much districts and other local and State govern- sues was a vote taken by the commit- impressed with this Senator. He is a ments. School districts in your state need tee relative to a committee report. decent, fine Senator who wants to the protection. That committee report, by the way, as move on with this bill. He is certainly He says: the Senator from Idaho has now dem- extending every courtesy and every co- The bill is reasonable, workable, and long onstrated, has been filed. We have that operation that one could expect. I ap- overdue. It has our strongest support, and particular report from the Committee plaud him for that. S 930 CONGRESSIONAL RECORD — SENATE January 13, 1995 As to the request itself, I was sup- body raises any fuss about that. But I did not sign any Contract With plied this morning with a copy of the this is not a minor bill. I do not know America. I may like some parts of it. I report by the Committee on the Budg- what is in the bill, but I know enough may not. I am not a signatory. et. I had said yesterday a number of about this bill to know it is no minor I know that our distinguished leader, things; perhaps I should repeat some of bill. Mr. DOLE, with whom I have worked them. I said, first of all, that I am not I have read that it is part of the Con- many years here in various capacities, taking on the role of traffic cop. That tract With America. I do not know is under pressure. I am not saying that is somebody else’s job. It is not my job what the Contract With America he does not believe in the so-called to be a traffic cop. Then they say: Why, states. I have read that there is one, Contract With America. I have not dis- Senator BYRD, are you up here? Why but I have not read it. Well, some cussed it with him. But he is under are you here being a traffic cop yester- would say: Why have you not read it? great pressure. He is under pressure day and today? Well, I have never read the Democratic from the other body. That steamroller If that is the role I am being per- platform. I have been in politics now over there across the Capitol is coming ceived as playing, I should say that going on 49 years, and I have never yet our way. this is a massive bill. I am not for it; I read a Democratic platform. Why? Be- And that Speaker, in my judgment, am not against it. I do not know where cause I did not have any part in writ- has more power than any Speaker since I am on this bill. I have not had an op- ing that platform. I am going to be Sam Rayburn, under whom I served portunity to study a committee report, guided by my own conscience and by when I was in the House. I was also in although the committee report that the facts in a given situation, not by the House when Joe Martin was Speak- was accompanying the bill which came some party platform. er. from the Committee on Governmental I do not read party platforms; do not But I am sure that Senator DOLE is Affairs was available yesterday. expect ever to read a party platform. also under pressure from people within I was on the floor all day and into the Why waste my time on a party plat- his own ranks. So I try to understand— evening. I personally have not had any form? I have my own platform to deal because I have been down that road—I opportunity to read that. I never had with my conscience and try to do what try to understand his problems. And I any opportunity to read the bill. That is right and best as I see it for the Na- can understand why he wants to move is nobody’s fault that I had no oppor- on to get this work done. I congratu- tion, for my State, for the U.S. Senate, tunity to read the bill. But I was not late him for bringing in the Senate this institution, and for my fellow aware that the bill the Senate was here during days when ordinarily we man. going to act on would be the bill re- might have expected to be out follow- There are a couple of things that ported out of the Committee on Gov- ing the swearing in of Senators. I ap- even supersede those. My dedication to ernmental Affairs. I had read about a plaud that. my family and my Maker—and I am Budget Committee bill, and I also had I am glad he has kept us in. We ought not of the religious right or the reli- read that the minority—meaning the to be here. We ought to be here debat- gious left. I do not claim to be a reli- Democrats on that committee—had not ing this bill. We ought to know what is gious man, but I have some very defi- been permitted to have a committee in this bill. nite ideas concerning religion and con- report in which they had hoped to ex- I am an old-time Senator, and I am press individual views or minority cerning the fact that I am going to also a brand-new model. views, or whatever. have to meet my Maker one day and I say that I want to know how badly I have always stood for the rights of live in eternity. I believe that. my State is going to be hurt by this so- the minority. When I was in the major- Eternity is a long time. Would Sen- called contract, if it is passed. ity, I stood for the rights of the minor- ators like to know how long eternity We have all this push to get these ity. I stood for the rights of the minor- is? bills through, ram them through the ity just recently, when there was the I take this handkerchief in my hand. Senate and House. What happened in effort to modify the filibuster rule. I Let us suppose that a bird flew over the Budget Committee, I would as- have been in the minority; I have been Mount Everest carrying this hand- sume, was an effort to get the bill to in the majority. So I have had some ex- kerchief—once a minute—drawing this the floor in a hurry. The majority lead- perience in both situations. handkerchief across Mount Everest, er had asked to get those bills out of I have also been a Member of the just as I am drawing it across this committee as soon as possible, which is House, a long time ago, and there was microphone—and that that bird could a reasonable request. I understand that a reason for the constitutional Fram- live forever. When Mount Everest had the chairman said, ‘‘Well, we are going ers’ decision to have two Houses, each been worn down to a level with the to get this out and we are not going to with a particular role to play in its sands of the sea, by a bird dragging have a committee report.’’ sphere of action. I have never been very that handkerchief across the top of Well, it came out without a commit- convivial with respect to making the Mount Everest, eternity would have tee report. And then we were told, U.S. Senate a second House of Rep- just begun. ‘‘Well, the statement is in the RECORD. resentatives. I want the Senate to re- I have some pretty strong opinions, The committee report is no different main what it is; namely, the premier but I am no religious rightist and I am from the statement, so read the state- upper body in the world today. Two no religious leftist. And I resented it ment. Why wait on the committee re- reasons being—among others—that we when Joycelyn Elders—whose nomina- port? All you are going to get in that have the right to offer amendments tion I opposed—was reported to have committee report is that statement, here, as long as we want to offer made some snide comments about plus this page,’’ which says, ‘‘Unfunded amendments and feel the need to offer Christians. Mandate Reform Act of 1995, Report of amendments; also, that we have unlim- No man is good. We all sin. the Committee on the Budget.’’ ited debate, which can only be pro- But I have some strong beliefs. I will Well, that is not quite the case. The scribed by cloture motion agreed to or not have anything other than the King statement is not exactly like the com- by unanimous-consent agreements. James version of the Bible in my mittee report. I understand that Mr. So I felt that the minority—in this House. Why? Because that is the book EXON’s views had not been included in case, on the Budget Committee—had a that my foster mother and father read. the statement, at least that is what I right to ask for a report, as I stated I grew up with the King James version understood Mr. DOLE to say last night. yesterday, so that the whole record and I will stay with that version until But, be that as it may, there are would be clear. As I stated earlier, I am laid beneath the sod. many other reasons why we need a every bill or resolution that comes to I say all of that to say this. I have committee report. And I can explain a the floor does not necessarily have to not signed any Contract With America, few of those reasons later. have a committee report. There are a and I have not read it. But there is a But, for now, I said I want to be a lot of minor bills that come to the great rush around here, there is a great reasonable man. And I feel that I am floor and there are often no committee stampede to enact the contract within on legitimate, solid ground when I ask reports accompanying those bills. No- the first 100 days. for a committee report. January 13, 1995 CONGRESSIONAL RECORD — SENATE S 931 Why should I be up here asking for a The majority leader, when he comes against me. I had to go up against that committee report? I have a responsibil- to the floor, will have that in his vast array of formidable persons who ity as a Senator. I want to protect my quiver—the arrow—of first recognition. were opposed to my poor little old coal State. I may not have another chance today miner’s amendment. I voted against the so-called Cov- to say a few words on this. But I worked hard, and I managed al- erage Act, the only Senator to vote Mr. President, the first item of legis- most to win the fight. My problem was against it. I had good reasons. If Sen- lation passed by this Congress was S. 2, that three Senators who had commit- ators are still around here long enough, the Congressional Accountability Act. ted to vote with me did not vote with they will all understand some of those The Senate now has under its consider- me but voted against me. So I lost my reasons. If Senators stay around here ation S. 1, the so-called unfunded man- amendment by 1 vote. long enough, they will understand the dates bill. When I think about the You might call that Clean Air Act an kind of straitjacket the legislation will paradoxical effects of those two bills, I unfunded mandate. I voted against it. put the Senate into. I alone, voted sincerely hope I am not the only one to Many Senators here today who want against that bill and have no apologies. marvel at the utter inconsistency of this unfunded mandates legislation But I am saying to my friends on what we see going on. voted for that bill. They voted for that both sides of the aisle, just because the On the one hand, when the Senate bill, and they have voted for most of House has rules that will allow it to passed S. 2, it agreed to apply to the the legislation—most of the legisla- ram bills through, does not mean that Congress and its employees many of tion—that they now refer to as un- the Senate has to roll over and play the same worker protection and envi- funded mandates legislation. Various dead. Let Members slow down a little ronmental safety laws currently en- Senators who are now pushing hard for bit here. This is only the 13th day of joyed by the rest of the Nation. Yet this bill, voted for what is now at- January, Friday the 13th. This is early here we are today debating the un- tacked as unfunded mandates laws. in the session. We are not up against funded mandates bill, which, if en- So I say, again, the answer to un- the fiscal year deadline. We are not up acted, could turn right around and en- funded mandates is probably not going against a deadline to raise the debt danger many of those same protec- to be found through enactment of legis- limit. We are not up against any emer- tions. lation that may irreparably quash im- gencies this morning. We will have, In principle, I am not opposed to the portant health, environmental, and possibly, an emergency supplemental idea of requiring congressional funding quality-of-life measures already on the come along one day, but this bill is not for programs that we enact. I agree statute books. an emergency bill. We have some time. that in some cases we have passed Incidentally, I should alert my col- Let Members slow down and look at along to the States the cost of in- leagues that there will be votes today. what is in this bill. That is, as I see it, creased benefits that we knew we could I hope that they do not leave under any my duty as a Senator. not fund. But dealing with the problem impression or false hope that, now that It sparked my notice when I heard on a case-by-case basis, which I believe I have the floor, I will be talking the that the minority on the Senate com- is a prudent course, is a completely dif- rest of the day and the night. I do not mittee had been denied the right to file ferent approach from that which we intend to do that. I am not filibuster- minority views in a committee report. have in this bill. The plain truth is, Mr. ing this bill. I am sure the majority It kind of got the adrenalin flowing; President, the approach taken by S. 1 leader will have a vote or two at some stimulated my blood pressure just a seems to me, at this point and until I time. bit. So I came to the floor yesterday have a better understanding of it, a lit- I want my colleagues to be fully and suggested we have a committee re- tle bit like using an elephant gun on a aware of that. This is not one of these port and an opportunity to study it a squirrel hunt. Fridays we have become accustomed to little bit so we could better understand As currently drafted, if I listen to my around here in which we show up for an what we are being asked to vote on. I colleagues and some of the staff around hour, and go out early. The custom have not yet had an opportunity to here, and as I understand it—and I that has grown up around here is, we study that committee report. I know want to verify this—I fear that the bill get an agreement to finish up every- that the distinguished majority leader, may be too broad a solution to the thing next Tuesday and we will not be when he comes to the floor, has the problem. The answer to unfunded man- in session on Friday. We need more de- first right of recognition, which he dates is not going to be found through bate around here, not less. But this is should have. His party also has the enactment of legislation that may ir- not one of those Fridays in which we chair, which I insist on. reparably quash important health, en- will vote by 10:30 and then hie away to The new Senators who are presiding vironmental, and quality-of-life meas- the four winds. are doing an excellent job. They are ures already on the statute books. To my colleagues, I say we better paying attention. They are not up I know that a good many Senators learn how to be a minority again. The there reading or signing mail. There have problems with the Clean Air Act. Senators over here on this other side of used to be a telephone behind the Pre- When I was majority leader I would not the aisle know how to act as a minor- siding Officer’s chair. Senators would bring it up. I had a lot of Senators on ity. I am going to tell you another bit be in the chair and they would talk on my side of the aisle, including the of news: They also know how to oper- the telephone. When I became majority former majority leader, Mr. Mitchell, ate as a majority. You watch that lead- leader, I took that telephone out. very much a supporter of that act. er over there. He will not hesitate to Mr. President, is there something the When I was majority leader I would not use the rules. He will not hesitate to Chair wishes to say? bring it up. As majority leader, I did rock the boat. The PRESIDING OFFICER. Is there not feel that I necessarily had to bring I have to kind of get used to being in objection to the request of the Senator up every bill that some colleague on the minority again. from Iowa? this side of the aisle wanted. I did not We do not need to put the Family Mr. BYRD. Mr. President, I object. bring it up. and Medical Leave Act or the National Mr. President, am I recognized? I ended up voting against the Clean Voter Registration Act or the OSHA The PRESIDING OFFICER. The Sen- Air Act. It had some good things in it Reform Act or the Clean Water Act, ator from West Virginia is recognized. and some things I did not like. Of among others, on the chopping block in Mr. BYRD. Mr. President, I thank course, the Senate took the hill coun- an effort to solve the problem of un- the Chair. try boy from West Virginia and ran funded mandates. The minority does not have a right over him. In saying that, may I say that I have to that chair. If Republicans are in the I had an amendment which was some sympathy with efforts to deal majority, they should have that chair, called the ‘‘coal miner’s amendment.’’ with these unfunded mandates. But and vice versa. So, when friends have I had the then majority leader, Mr. this legislation would do that pre- asked, ‘‘Do you not think it would be a Mitchell, against me, and I had the cisely, put them on the chopping block good thing to share the chair,’’ I said, then minority leader, Mr. DOLE, in an effort to solve the problem of un- ‘‘No.’’ against me, and I had the President funded mandates. S 932 CONGRESSIONAL RECORD — SENATE January 13, 1995 Any time one of those programs or ed as much in a letter last month to me, but I saw something in a news- any one of almost 200 other such man- our colleague who is in the Chamber, paper recently to the extent that 80 dates currently tracked by the Na- Senator LEVIN. Dr. Reischauer said it percent of the American people favor a tional Conference of State Legislatures would be ‘‘very difficult, if not impos- balanced budget amendment—80 per- is reauthorized or amended, they could sible, to determine with precision’’ the cent favor it. But in reading the fine be put in jeopardy. required cost estimates. print as to what does this mean; what Mr. President, I am well aware that Mr. President, I have an impulse to does this entail; does it mean cutting there are those in the Senate who suggest the absence of a quorum and Social Security or does it mean cutting would like to accomplish that goal, the make it a live quorum. I am not doing veterans pensions or veterans com- goal of rolling back what has pre- that yet, but why should I not do it? pensation or law enforcement, health viously been accomplished. Some of Here we are, debating this very impor- care, Medicare; what does it mean— what has previously been accom- tant bill. We have only five Senators in suppose that is the question: How do plished, I would like to roll back, but I the Chamber, including the Senator in you feel about it?—well, no longer did am not sure that this bill, until I un- the chair. 80 percent favor a balanced budget derstand it better, is the way to do it. Why are Senators not here talking amendment. When they saw, ‘‘Oh, it For some—not all, of course, but about this bill, explaining it? I will sit means that they might cut my veter- some—this bill appears to me, from lis- down and listen to anyone who wants ans pension; they might cut my Medi- tening to others and some of those who to explain the bill or the amendments. care; I am not in favor of it,’’ I began have even ‘‘whispered in my ear,’’ I get I will be happy to have anyone explain to see that the 80 percent came down to the impression that the bill is simply a the amendments. I desire that some- 59 percent in one case or some such, 53 back-door way of gutting progressive body come and explain this bill and an- percent, and 34 percent or 33. legislation enacted over the past sev- swer questions about it. Now, that was not 33 percent of the eral years. I am not saying all the leg- I know I am not the only Senator, 100. That was 33 percent of the 80 per- islation that has been passed in the other than the four who are in the cent. In other words, as I read it, all last several years has been progressive. Chamber besides me, who does not un- those who favor a balanced budget I voted against some. Some may say derstand this bill. amendment—well, if 80 percent favored the bill we passed earlier this week is Estimating the costs of various pro- it, obviously 20 percent did not. That is progressive legislation, S. 2. I did not posals on a State-by-State basis re- what I assume. But of the 80 percent think so. I voted against it. quires very detailed and comprehensive who favored it, who favored this if such If that is what they want to do, then information on the issue under study. was cut, and then when it said that 59 come forward and say so. Bring a bill Such data are needed for each State, percent, only 59 percent favored it if a to the floor that would repeal the mini- local, or tribal government. But the certain item was cut, they did not mum wage law. Bring a bill to the floor necessary data bases are not always mean that 59 percent of the total pie, that would repeal the regulations re- available, and so developing a single 59 percent of the 100 percent of those lating to toxic waste disposal. If that is methodology that can be used in the who were opposed to it. It meant 59 the agenda, bring a bill to the floor estimating process is not a viable op- percent of the 80 percent who said they that repeals it. Lay it out on the desk tion. Consequently, Mr. President, the were for it. in open view. Let us debate the merits staff of the CBO, I am told, would have So when people come to understand of one of those bills if that is the inten- to address each bill and each amend- what the punishment is, affecting their tion of some. But we should not con- ment that contained a mandate sepa- particular circumstances, their par- tinue on this headlong rush to pass leg- rately in order to identify and find the ticular lifestyle, or whatever it may be, islation whose impact is not com- needed data. And obviously that is an then the 80 percent falls away. pletely known. extremely time consuming and costly That is why I voted for Mr. EXON’s I am also concerned, as I listen to endeavor. amendment the other day. He sug- members of my staff, that S. 1 is sim- Now, Senators and staff advise me gested that we know what the details ply impractical in its method of ad- that S. 1 mandates that the estimates are in connection with the balanced dressing the problem. The require- be made for a full 5-year period. How budget amendment. And our leader, ments placed on congressional commit- ironic that is, Mr. President, since we Mr. DASCHLE, and the House Minority tees and the Congressional Budget Of- have some in this body who have com- Leader, Mr. GEPHARDT, and others are fice are totally unworkable. Now that plained that they cannot provide the seeking to know what is in this poke is what I understand in talking to Jim American people details of how they along with this pig that we are being English, who is the former director of would comply with a balanced budget asked to buy. I think that is a legiti- the Appropriations Committee staff in constitutional amendment because the mate objective. the Senate, and others. I consider them data cannot be reliably projected that There are those who say, ‘‘Well, we the experts. I understand from them far into the future. can’t provide the American people de- that the requirements placed on con- Now, that opens up an interesting tails on how they could comply with a gressional committees and the Con- subject. We have some in this body who balanced budget constitutional amend- gressional Budget Office are totally un- have complained that they cannot pro- ment because the data cannot be reli- workable. As an example, they point to vide the American people details of ably projected that far in the future.’’ the need of every piece of legislation how they would comply with a bal- Others say, ‘‘Oh, if we do that, we reported out of an authorizing commit- anced budget constitutional amend- won’t be able to pass it, we won’t be tee to include a report on the aggre- ment because the data cannot be reli- able to ram a constitutional amend- gate cost of that legislation to State, ably projected that far into the future. ment on the balanced budget through local, and tribal governments. Well, at What is going on here? This bill man- the Congress. No, we can’t begin to least if we ever pass this legislation as dates that the estimates be made for a pass it if we do that. Why, then the it is we will get committee reports. We full 5-year period. There are some in American people wouldn’t be for it.’’ will not have that problem again. We this body who are proposing that we, Somebody has said, in essence: ‘‘We will get committee reports that have that those who support the balanced can’t afford to let the American people minority views in it. budget amendment, provide the de- know what’s good for them; or what’s Mr. President, there are more than tails, provide the roadmap that will bad for them. If we do, they won’t buy 80,000 governmental units in this coun- point the way and tell us what the it.’’ try—80,000. How in the world is CBO costs are, what the sacrifices are, what So here, with S. 1, those who say that going to survey each and every one of the burdens are, what is going to be they cannot provide the American peo- those organizations in their effort to cut. And the American people have the ple with the details of how they would determine a program’s cost? right to know. Other Senators have the comply with such an amendment be- The fact is that it cannot be done. right to know. cause the data cannot be reliably pro- Dr. Reischauer, the Director of the The American people do not know. I jected that far in the future, here they Congressional Budget Office, even stat- do not have the newspaper in front of turn right around and say that CBO January 13, 1995 CONGRESSIONAL RECORD — SENATE S 933 will be required to do just that—pro- ther heard him say that on the floor or become more aware of what they are vide 5-year estimates which, as I noted, he said it somewhere within the reach being asked to buy. the Director has said will be nearly im- of my hearing. I still have pretty good That is the case with the balanced possible to determine. hearing. I do not have a hearing aid budget amendment. As I have read in Illogical, too, is that the cost esti- yet. I am doing very well without one. the newspapers, there are some groups, mates are required before the legisla- But I thought I heard him say that this now, that are raising some questions tion is enacted, even though the regu- is a substantially different bill than about that balanced budget amend- lations to implement the law are pro- what we considered last year. I thought ment. I even see that some Governors posed by executive branch agencies, I heard that Senator say that. I see he are beginning to have second thoughts, and then only after enactment of the is nodding his head in the affirmative. who are beginning to wonder if this law. How on Earth can we expect He is on the record with me that he thing is all it is cracked up to be. So CBO—or anyone else, for that matter— did, he did say so. that is the way these things happen. to come up with reasonable cost esti- It is a substantially different bill. But I have maintained that if the mates before the precise regulations And, as such, I do not believe we know American people really understand a for implementing the law are avail- enough about all its possible ramifica- question, if they really understand it able? The answer is, we cannot. The an- tions. Therefore, and until we have a and they really want it, they will get it swer is that we cannot. fuller discussion, we cannot turn a bind regardless of the filibuster. As I said, the only way that CBO can eye to any potential problems in the Sadly, though, erecting these ‘‘proc- determine the cost of legislation is to apparent rush to pass as much legisla- ess’’ fixes is symptomatic of an ex- rely on information from the various tion as soon as possible. There is no tremely bad habit into which the Con- State, local and tribal governments. reason to expedite this bill to the ex- gress has fallen over the past several But those officials may not be familiar tent the effort is being made to expe- years. When confronted with a difficult with all the details of a particular dite it through the Senate. We are not problem for which there is no easy or piece of legislation. The full ramifica- in a race, here. I understand that no painless solution, the tendency is to re- tions may not be obvious to a county committees are meeting today, so sort to some sort of procedural fix commissioner or a county manager or some parts of the Senate, apparently, rather than dealing with the problem township clerk, notwithstanding the feel that we are not in a big rush on head-on. fact that they may otherwise be quite So here we have a procedural fix. The things. We certainly have no obligation competent. Likewise, I question the balanced budget constitutional amend- to bow to the whims of those who have wisdom of relying on those entities for ment is a procedural fix. The balanced set false timetables. input. If officials—particularly at the budget constitutional amendment is I do not blame them for setting time- State level—know that the cost will be the greatest unfunded mandate that tables. That is all right. Those who fully funded by the Federal Govern- was ever imposed since Adam and Eve subscribe to the Contract With Amer- ment, they clearly have an interest in were driven from the Garden of Eden, ica, they have laid out a 100-day time- inflating the potential cost. They have the greatest unfunded mandate ever table. I am not part of that timetable. an interest in it, as I say, a basic self- imposed. I did not subscribe to that. We have interest. That is what I am talking So here we are going in two different plenty of time. Let us see what is in about, basic self-interest. And basic directions meeting ourselves head on. self-interest will undoubtedly skew these bills. Let us take a moment and Here we have this bill dealing with un- many of these estimates. dissect them. And the members of the funded mandates. But behind it is the I also fear that one of the unintended committees, if they have an oppor- so-called ‘‘balanced budget constitu- consequences of this bill will be to set tunity to fully debate these bills and tional amendment.’’ You talk about an up a disparate system between the explain them and offer amendments, unfunded mandate. Wait until that Government and the private sector—a then the rest of us will understand thing settles its claws into legislative disparate system between the Govern- what is in them. bodies throughout the land. Wait until ment and the private sector. For exam- I do not have any obligation to say: that thing settles its roost on the Gov- ple, my staff tells me that a point of Oh, yes, I will just roll over and play ernment’s doorstep. It will peck on the order can lie against any mandate di- dead. I hear that a steamroller is com- windows; and unfunded mandates. If rected at a governmental unit if we do ing, a steamroller is coming down the they think that this bill is going to re- not fully fund that mandate. I have track. I want to know what is in that lieve their concerns about the balanced heard some discussion of that here on steamroller. We do not have the rules budget amendment, they had better the floor, I believe, on yesterday. But of the House. As long as this Senator is think twice, three times and more, as the same point of order would not be here we are not likely to have the rules we will have an opportunity to discuss appropriate if the mandate is aimed of the House, if I can have anything to in due time. Just mark that down. The solely at the private sector. That dif- do with stopping any impulse to stam- balanced budget constitutional amend- ference is especially troubling in those pede in that direction. ment, contrary to what it is being pur- areas where the private sector com- If unfunded mandates are a genuine ported to do, is not only the biggest petes with the Government. and unreasonable burden on State and hoax that is perhaps about to be per- What happens? What happens if, for local governments or private organiza- petrated on the American people but it instance, a publicly owned utility is ex- tions—and I believe in some cases they is the largest unfunded mandate. I will empt from additional clean-air regula- may be; I don’t have any doubt that not take the time of the Senate today tions because the cost of those regula- they are—then we should deal with to explain what I mean by that. tions have not been fully funded and a them directly. There is absolutely no I want to repeat this word ‘‘caution’’ point of order could not be overcome, need, it seems to me, to establish some for those who think that S. 1 is some while a similar utility, wholly owned elaborate new procedural scheme with- kind of cure for mandates. They need by a public company, must comply? in the Congress in order to do that. to think about it. S. 1 does nothing to Such a scenario could easily crop up, it But if it comes to that, if we do es- protect any State or local government seems to me. What happens then, Mr. tablish such a scheme, let us know as I understand it—I may understand it President? In effect, we will have im- what it is about. I only represent one better later—but as I understand, it posed an additional and costly burden vote here and I have always said that, will do nothing to protect any State or on a private business. with respect to the filibuster, the fili- local government from the costs of My point is simply to suggest that buster will not eternally kill some- Federal budget cutting of any program while the intent behind S.1 may be thing, kill legislation that the Amer- that is not presently mandated. How laudable, the fact remains that this is ican people really want. It may slow it about that? They just say it applies a substantially different bill than what down for a while. It may stop it for a prospectively. It does not protect any we considered last year. I heard that while. But in the process of education program that is not presently man- last night. My friend, the distinguished of the American people through unlim- dated. Therein lies the tale. For exam- Senator from Michigan, I believe—I ei- ited debate, the American people often ple, S. 1 would not apply to Federal S 934 CONGRESSIONAL RECORD — SENATE January 13, 1995 programs whereby the Congress pro- tended every act of cooperation and hurriedly get through. It is a critically vides grants for use in housing pro- courtesy to me, and I appreciate his de- important issue, the impact of which grams, programs that provide social cency and his spirit of good will. I did has been taking years, and our cities services for the homeless, child immu- not want to give up the floor until he and States and the private sector has nization, Federal aid to States and lo- returned. heard about it. calities for education, or even trans- Mr. President, I yield the floor. The Senator also referenced the Con- portation grants. Mr. KEMPTHORNE addressed the gressional Budget Office. I wish to as- Mr. President, I ask unanimous con- Chair. sure the Senator from West Virginia sent that I may be permitted, although The PRESIDING OFFICER. The Sen- that through the Budget Committee we I have the floor, to ask a question of ator from Idaho [Mr. KEMPTHORNE] is have stayed in close contact with the the distinguished Senator from Michi- recognized. Congressional Budget Office, so that as gan [Mr. LEVIN]. Mr. KEMPTHORNE. Mr. President, I modifications from S. 993 were made to Is Federal aid to education a Federal appreciate the comments that the Sen- S. 1 they were able to tell us every step mandate or is that simply a grant to ator from West Virginia has made and, the States? Is that a mandate? of course, I have great respect for him of the way what their needs would be The PRESIDING OFFICER. Without and for his understanding of legisla- in order to accomplish the responsibil- objection, it is so ordered. tion. I know that he will be an integral ities that this legislation would assign Mr. LEVIN. I thank the Chair. part of the overall discussion of this to them, including the funds to carry To the best of my knowledge, that is Senate bill No. 1. I know, also, Mr. that out. So we have dealt with that not a mandate. That is just a grant to President, that it will be my intention issue. the States. that on final passage—I have full inten- I believe that, at some point later, we Mr. BYRD. Very well. Then, if in this tions of having the Senator from West are going to be coming up with possible budget-cutting fever that is so infec- Virginia vote for this bill because—I amendments dealing in this area, and tious, Federal aid to education is cut— think he used the terms he was ‘‘not so I will withhold further comment on and I might be one who would support sure how it could hurt his State.’’ I that. By the fact that there has been such a cut. Here we are pouring billions think he will learn that it will not hurt objection to that unanimous-consent of dollars into Federal aid to education the States. This is what States are ask- request, it would be my understanding for our poorer students on the whole, ing us to do in reestablishing and that we have before us the next com- more than the other industrialized reaffirming the federalism that is in- mittee amendment; is that correct? countries. So I have some second tended. The PRESIDING OFFICER. The thoughts about the way we handle Fed- Also, Mr. President, this issue is tied pending question is the ninth reported eral aid to education. with the Contract With America that committee amendment. But that is, according to Mr. LEVIN, the Senator from West Virginia point- Mr. KEMPTHORNE. Mr. President, I not a mandate. So the cost of replacing ed out. I would like to just comment suggest the absence of a quorum. Federal dollars which may be cut by about that. When I took the oath of of- The PRESIDING OFFICER. The the Congress in the future will be fice here 2 years ago, the day that I clerk will call the roll. dumped directly on the States by cuts took the oath of office as a Senator in grants to the States. This bill does was the day that I resigned as mayor in The bill clerk proceeded to call the not cure that. If any of the dollars that Boise, ID. One of the items that I was roll. go to the States to help those areas are very intent on doing was to somehow Mr. SPECTER. Mr. President, I ask reduced, the States will still be stuck deal with these unfunded Federal man- unanimous consent that the order for with the problem and, most impor- dates. So the first bill that I ever intro- the quorum call be rescinded. tantly, the expense of the homelessness duced in my Senate career was a bill The PRESIDING OFFICER (Mr. or poor transportation system. This dealing with these unfunded Federal COVERDELL). Is there objection? legislation does nothing to protect the mandates. Ultimately, that bill, Senate Mr. FORD. There is an objection. I States from increased costs which are bill No. 993, which gained bipartisan apologize to the Senator, but I have caused by future actions of the Federal support and which went through the been asked to protect the rollcall and, Government; in other words, cuts in Governmental Affairs Committee last if the Senator will allow me, I will see grants and other Federal programs. session on a vote of 16 to 0—much of if I can give him the time. Think about that possible scenario, what is in today’s bill, S. 1, was derived The PRESIDING OFFICER. Objec- Mr. President. I hope that the pro- from Senate bill No. 993. The defini- tion is heard. ponents of the bill will stop the mad tions are the same and, again, much of Mr. SPECTER. Mr. President, if I rush to pass this legislation now and go it is the same, but there are changes to might amplify. back to the drawing board and come up it. I say that so that you see a bit of a The PRESIDING OFFICER. The with a workable and practicable piece history here. clerk will continue the call of the roll. of legislation. The Contract With America, which The bill clerk continued to call the Mr. President, I hope the Chair will happened a few months ago, took place roll. momentarily indulge me as I have the after we had been moving this legisla- Mr. SPECTER. Mr. President, I ask right to the floor. tion. And so while the issue of un- unanimous consent that the order for The PRESIDING OFFICER. That is funded mandates—dealing with that is correct. part of the Contract With America in the quorum call be rescinded. Mr. BYRD. I thank the Chair. the House of Representatives, and The PRESIDING OFFICER. Is there Mr. President, as I stated earlier, it while I am delighted and proud that objection? Without objection, it is so is not my desire to hold the floor inor- they have included that issue to be ordered. dinately today. I have accomplished part of the things discussed and dealt Mr. SPECTER. I ask unanimous con- most of what I had hoped to do; name- with in the Contract With America, sent that I may proceed as in morning ly, have a report by the Committee on really this issue in the Senate, this leg- business for 5 minutes. the Budget and an opportunity to un- islation, precedes that. The PRESIDING OFFICER. Without derstand what is in the report. The re- Also, the Speaker of the House objection, it is so ordered. port is available. I have not had an op- agreed to take that element of the Con- f portunity to study it, but it is not my tract With America dealing with un- desire to hold the floor. Senators know funded mandates and to pull it out of VIOLENCE AT HEALTH CLINICS if I wanted to filibuster the bill—and the Contract With America so that it the Senator from Arizona knows full could be freestanding and so that we Mr. SPECTER. Mr. President, in the well—I could talk for the rest of the could deal with this issue and have this absence of any other pending business day. That is not my intention. So I in- sort of discussion. in the Senate, I have sought recogni- tend to yield the floor shortly. So I assure the Senator from West tion to comment briefly about violence Let me say, again, that the distin- Virginia that this is not part of just at clinics, with respect to two principle guished Senator from Idaho has ex- some large package that we have to issues. January 13, 1995 CONGRESSIONAL RECORD — SENATE S 935 One is a contention which is ad- the time. I suggest the absence of a We really do not know the full extent vanced by some, and has been used as a quorum. and magnitude of the situation. Mr. possible legal defense, that violence Mr. EXON. Will the Senator with- President, it is time we brought these and murder is justifiable homicide. hold? unfunded mandates back to Earth and There is absolutely, positively no basis The PRESIDING OFFICER. Does the back to the realm of reason and respon- whatsoever in criminal law for such an Senator from Pennsylvania withhold sible budgeting. It is high time that we assertion that anybody who murders or the quorum call? not only rethink the relationship be- assaults or maims at a clinic where the Mr. SPECTER. I do. tween the Federal and State Govern- clinic may be performing abortions has Mr. EXON addressed the Chair. ments, it is time that we did something any conceivable legal justification The PRESIDING OFFICER. The about it. And that is what this bill under the doctrine of justifiable homi- Chair recognizes the Senator from Ne- does. cide. braska. The legislation before us today would That is a legal principle that I f create a point of order against un- worked with to a considerable extent funded mandates. Under the bill, the during my 12 years in the Philadelphia UNFUNDED MANDATE REFORM Federal Government must provide di- district attorney’s office, and the doc- ACT rect spending for these mandates. If it trine of justifiable homicide has been cannot, the mandate requirements worked out in a very careful way; for The Senate continued with the con- sideration of the bill. must be scaled back to the amount of example, when a police officer may money appropriated. seek to defend an innocent victim, citi- Mr. EXON. Mr. President, I rise in support of S. 1, which the Budget Com- That is fair, and that is reasonable. zen, during the course of a robbery and And above everything else, Mr. Presi- may shoot a robber in order to stop the mittee unanimously ordered reported dent, that is right. murder of an innocent citizen in the on Monday, and since that time, we Mr. President, this is a bill that course of a felony. And for someone to have come forth with a report that has takes in the very broad picture. It al- seize upon the term of ‘‘justifiable been suggested and I believe that is ready enjoys great bipartisan support. homicide,’’ picking it out of the thin being reviewed at the present time. air to say that that is any reason for I am an original cosponsor of S. 1. I My last count indicates that it has 57 committing violence at a clinic where want to take this opportunity to com- cosponsors and probably a few more abortions may be performed is just ab- mend my distinguished colleagues and today that I do not know about. I pre- solutely preposterous. friends, Senator GLENN, Senator DO- dict that it will pass overwhelmingly One of the problems which has aris- MENICI, and Senator KEMPTHORNE, for and in a very reasonable period of time. en, Mr. President, has been really in- the yeomans’ work that they have put But I wish to be clear that there are no sufficient condemnation of violence at into this bill. We would not be where half measures in the legislation. It these clinics. we are today if it were not for their meets the problem head on. I was very pleased to see the state- dedication. Of course, there are those who advo- ment made by Cardinal Law of Boston Mr. President, unfunded mandates cate a radical approach to the issue, asking for a cessation of any picketing, are not merely a thorn in the side of what they call a no money, no man- where the situation may be permitted the Nation’s Governors and State and dates backstop. to cool. But it seems to me that we local officials. They have burrowed While I commend my colleagues’ en- need to speak out on levels to condemn deep into the Nation’s landscape and thusiasm and dogged persistence in that kind of conduct and to state as present a problem of the utmost grav- righting the unfunded mandates in- unequivocally as possible that there is ity. equities, this is a classic case of cor- no conceivable justification as ‘‘justifi- Washington passes mandates and reg- rectly diagnosing the problem but ap- able homicide.’’ ulations and then drops them like an plying the wrong treatment, a treat- The other point that I want to com- orphan on the doorstep of the States, ment which I suggest could have disas- ment on briefly, Mr. President, is that forcing officials to dig deep into their trous side effects. at these clinics where women secure own pockets to pay for compliance, to The alternative backstop strategy medical care, abortion is a relatively pay for mandates, at a time when they that some are referencing would take small percentage of what is done; that are confronting their own fiscal short- us down a road which could not only most of the women who go there—I falls and the public’s demand for great- swell the size of an already bloated heard the percentage is as high as 90 er services. Federal bureaucracy, but it could fur- percent—are there for medical pur- Speak to any State or local official ther fan the flames of the litigation in- poses. They are there for mammograms from Nebraska to Nevada, from a ferno that is raging throughout the Na- to guard against breast cancer. They mayor to a town manager or a Gov- tion. are there for Pap smears to guard ernor, and they will tell you that this This draconian approach would re- against cervical cancer. They are there cost shifting from the Federal level to quire that the CBO reestimate each for a whole range of medical proce- the State level is wreaking havoc with year—and I stress ‘‘each year’’—the dures. their budgets. As my good friend and cost of mandates. I do not believe that When there has been an epidemic of colleague, Senator GLENN, rightly ob- we can fathom how much we would violence at these clinics, the women served, we are passing the buck with- have to expand the CBO staff to meet stay away in droves because there is out the bucks. this formidable and I think unneces- terror that in being there, they may be In spite of the cry of ‘‘enough’’ from sarily forbidding task. in the midst of violence. the States, Washington keeps heaping Mr. President, over the past 2 years, So I wanted to take a few moments unfunded mandates upon unfunded we have made excellent headway in in the interlude of the proceedings, Mr. mandates and regulations upon regula- meeting the American people’s rightful President, to make those two points tions, and there is no end point to the demands to reduce the size of Govern- and to speak out as forcefully as I can, mandates effect. Like an entitlement, ment. We have much further to go. We and with the background I have had as they go on and on and on, to an endless will have the smallest government, a district attorney dealing with the life of their own. Unfunded mandates though, I would point out, since Presi- concept of justifiable homicide, to are relentless in their demands upon dent KENNEDY sat in the Oval Office. make it as unequivocal and forceful as State and local treasuries and, unfortu- This is not the time to undue the good I can that there is no conceivable jus- nately, the sky seems to be the limit. and the hard work that has been done tification for that violence and to say, According to the Congressional Budg- in many areas. We must be cautious at the same time, that it is driving et Office, compliance with Federal leg- but we must be effective. many women urgently in need of medi- islative and regulatory mandates rose Second, we would be doing, I suggest, cal care away from those facilities. from $225 million in 1986 to $2.8 billion a terrible disservice to our fellow citi- I thank the Chair, and I thank my in 1991. CBO readily admits that its es- zens if we inadvertently fueled further colleague from Kentucky for securing timates are highly conservative. litigation. That is exactly what would S 936 CONGRESSIONAL RECORD — SENATE January 13, 1995 happen if we chose the simplistic meas- The drafters of S. 1 believe this lan- Voinovich, a Republican, last year used his ure. The lawyers would be lining up a guage to mean provisions in bills and friendships in both parties to construct an hundred deep in the court, challenging joint resolutions that prohibit or are unusually broad and solid coalition of state at every turn the CBO reestimates. designed to prevent discrimination and local government groups to press for en- And I hope that this concern will be from occurring through civil or crimi- actment of a long-overdue measure that will require Congress to look twice before sad- nal sanctions or prohibitions. understood by all Members of the body. dling states, counties and cities with the The columnist David Broder wrote a POINTS OF ORDER costs of carrying out policies the federal gov- very effective piece touching on this The legislation ensures that a simple ernment finds desirable. subject that appeared in the newspaper majority in the House or Senate will be The measure was stymied in the last Con- a few days ago. Mr. Broder endorsed required to waive a point of order, if gress by Rep. Henry Waxman (D–Cailf.) and the bill before us today as ‘‘a worthy raised, for an unfunded intergovern- some of the other veteran mandate-writers, effort.’’ Mr. Broder further notes that mental mandate, or where a CBO state- but this year it has high priority in the Sen- the no-money, no-mandate alternative ment does not accompany a bill or ate and House, with their new Republican would ‘‘split the bipartisan coalition.’’ joint resolution. majorities. For reasons I will explain in a moment, this measure may not provide all We must not split the bipartisan coali- PROCEDURES the relief the states and localities expect. tion that is moving aggressively for- The situation may arise where a But it is an effort to address a real problem: ward and if followed will pass S. 1 in a mandate—already in effect for a year— the increasing tendency of a federal govern- very short period of time. If we proceed is declared ineffective and enforcement ment which has spent itself into $4 trillion of through any other course, we endanger or judicial action has already com- debt to make its partners in state and local the longstanding civil rights and envi- menced. In such a case, the drafters of government pay for Washington’s good ronmental policy and perhaps draw a S. 1 intend that where enforcement ac- deeds. Presidential veto. tions have begun, the mandate in ques- The governors, legislators, mayors, and Mr. President, I ask unanimous con- tion would continue to consider appli- county officials have griped about this for a sent that the full text of this percep- cable law preceding the declaration of long time. But it was not until they put aside their internal differences and came to- tive column be printed in the RECORD ineffectiveness. gether last year as the State and Local Coa- at the conclusion of my remarks. For example, in a case where a man- lition that Congress began to take notice. As The PRESIDING OFFICER. Without date is fully funded in the first 2 years, Voinovich commented over coffee last week objection, it is so ordered. but not in the third, the mandate is ef- in Washington, ‘‘It is rare that an idea that (See exhibit 1.) fective for the first 2 years, but not in was on no one’s screen in Washington one Mr. EXON. In a similar vein, Mr. the third. year becomes the top priority in Congress President, the proposal of some to raise ADMINISTRATIVE PROCESSES AND PROCEDURES the next year.’’ Members of Congress ‘‘can the requirement for waiving the new When an intergovernmental mandate ignore any one of our groups, but they can’t point of order from a majority vote to is either declared ineffective or scaled ignore all of us.’’ 60 votes would also split the bipartisan back because of lack of funding, these Voinovich’s political acumen also was im- coalition. Another 60-vote point of changes in the mandate will be effec- portant in keeping the legislation within bounds of reason. Some conservatives want order in this context would tie the Sen- tuated consistent with the require- to enact a ‘‘no money, no mandate’’ law that ate in knots. If we have seen gridlock ments of the Administrative Proce- would stop the federal government from re- over the last decade, this kind of a 60- dures Act. quiring any cost-sharing by state and local vote point of order would lead to a gla- This will ensure that all affected par- governments on programs of national impor- cial gridlock. ties including, the private sector, tance. Mr. President, I was involved in the State, local and tribal governments Voinovich recognizes that would split his negotiations that led to the unfunded and the intended beneficiaries of the bipartisan coalition, which includes many mandates bill currently before the Sen- mandate will have adequate oppor- liberal Democrats, endanger long-standing ate. There were a few items of the bill tunity to address their concerns. national civil rights and environmental poli- that merit further clarification. In closing, Mr. President, I would cies, and perhaps draw a presidential veto. like to say that after much though and So he has worked diligently to persuade con- RETROACTIVITY servatives, including Speaker Newt Ging- analysis we have found in the legisla- rich, to back bills by Sen. Dirk Kempthorne There has been a great deal of confu- tion before us today the solution to the sion surrounding the question of retro- (R-Idaho) and Reps. William Clinger (Pa.) problem of unfunded mandates. It and Rob Portman (R-Ohio) that take a more activity in S. 1. Namely, to what man- might not be a perfect one. Certainly dates does S. 1 apply? And, will man- measured approach. we all can say that we have passed few The bills do not repeal existing mandates, dates already enacted into law be af- perfect pieces of legislation. It does not leaving an examination of their financing to fected by S. 1? mean that we may not have to revisit a bipartisan commission. They exempt meas- The drafters of S. 1 intended that re- this from time to time. But I think it ures necessary to enforce constitutional or authorization of existing laws not be is time we move aggressively ahead to statutory rights prohibiting discrimination subject to the requirements of S. 1 solve the problem of unfunded man- of any kind—including disability. They allow future Congresses to pass un- where the net costs of the legislation dates. do not exceed existing costs of the funded mandates—but only if, on a separate On January 5, the Budget Commit- roll-call vote, before final passage, a major- mandate plus the thresholds estab- tee, of which I am the ranking minor- lished in the legislation. ity of the House and Senate say, deliberately ity member, and the Governmental Af- and explicitly, that the purpose is so compel- The no-retroactivity clause would fairs Committee held a joint hearing on ling they believe they should waive the rule apply to laws for which authorizations S. 1. Both of our respective committees against unfunded mandates. In other words, of appropriations may have expired, favorably reported out the measure senators and representatives would have to such as the 1987 Water Quality Act. earlier this week. We have heard loud tell their constituents, in effect, ‘‘We’re vot- I would add that this same principle and clear the call from the States. It is ing to raise your state or local taxes.’’ would apply equally to regulations now time that we acted and passed this The difficulty I mentioned earlier arises that are issued pursuant to existing critical legislation. from the enforcement mechanism. Somebody has to decide how much an unfunded man- laws, but which have not yet been pro- [EXIBIT 1] posed or finalized. However, let me date would cost and whether it exceeds the MONEY AND MANDATES threshold set in the proposed law—$50 mil- stress that the existing law must be in (By David S. Broder) lion in costs for state and local governments, effect at the time S. 1 became effective Before George Voinovich became governor $200 million for private business. That agen- regardless of whether an authorization of Ohio four years ago, he was a member of cy is the Congressional Budget Office (CBO), of appropriations has expired. the Ohio legislature, a Cuyahoga County a nonpartisan arm of Congress. That is a huge power to give to a group of EXCLUSIONS commissioner and the mayor of Cleveland. That may condemn him as a career politi- unelected bureaucrats, even if they are re- The bill contains a broad exclusion cian in some people’s eyes, but it also placed quired by law to consult with local and state for legislation that establishes or en- him in a unique position to help move what officials and are supervised by the House and forces any statutory rights that pro- may become the first law passed by this new Senate Budget committees. Robert D. hibit discrimination. Congress—the unfunded mandates bill. Reischauer, the director of CBO, has written January 13, 1995 CONGRESSIONAL RECORD — SENATE S 937 members of Congress a letter warning that Mr. KEMPTHORNE. In response to are. I mop, yes. I clean all the com- ‘‘in some of the situations that will matter the Senator from Michigan, that is cor- modes. I clean all the bathroom struc- most . . . [it] will be very difficult if not im- rect. tures. I clean out the bathtubs. possible to determine’’ the costs the pro- Mr. BYRD. Reserving the right to ob- posed mandate will impose. Mr. BIDEN. Will the Senator yield? Local officials, as Reischauer delicately ject, Mr. President, this seems to me to Mr. BYRD. Not yet. I will shortly. I put it, ‘‘are likely to have a strong interest be a positive amendment, one that has do all the vacuuming. I do the dusting. in having the costs of a proposed mandate considerable merit, as I understand it. I dust the furniture in the family room appear as high as possible’’; congressional I do not plan to object to setting the and dust the furniture in the living sponsors, the opposite motivation. In truth, amendments aside to take up this the added costs will vary enormously, de- room, and so on. My wife does the buy- amendment. But before I complete my ing and the cooking and the washing pending on the severity of the problems in reservation, I started out saying I and the ironing and the pressing of the locality and the degree of effort already wanted a committee report, so that our being made. suits and taking care of my little dog, minority people on both committees— Voinovich is right in arguing that the bill Billy. But over this weekend, whenever not just the Budget Committee, but on will force Congress to consider future man- I get through with doing my chores, dates with care. It will provide a forum the Governmental Affairs Committee— which I have sworn on to for a number where the states and cites can argue their who had been denied the committee re- case. But this law is altogether too likely to port with individual views or minority of years, then I want to study this bill. have unintended consequences. I can see the views, knowing full well nothing about That is a legitimate reason not to rush same local officials who are enraged now by the content of the bill, but knowing pell-mell at this point. Congress’s caprice in passing unfunded man- that there is a steamroller coming I want to be a reasonable man. Here dates being equally enraged—and frus- is an opportunity to vote on something trated—by future CBO cost estimates. down the road, to put all these wonder- The unfunded mandate bill is a worthy ef- ful things. I have seen the number 10 that is positive. I will listen to the fort. But in the end, the real solution lies in used, 10 plans in the Contract With Senator’s explanation of the amend- sorting out more clearly what responsibil- America—maybe 12. All these wonder- ment. It is my understanding, in talk- ities should be financed and run by each ful things are in the Contract With ing with the distinguished Senator level of government. Voinovich and other America. And realizing that this bill, from North Dakota and the distin- governors are ready for that kind of dialogue being No. 1, must be a very important guished Senator from Michigan, that to begin. President Clinton should take the this is a good amendment. So I am not lead in seeing that it happens. bill, not just a simple sense-of-the-Sen- ate resolution, but a very important going to interpose an objection to set- Mr. EXON. Mr. President, I yield the bill. No. 2, S. 2 was passed earlier, and ting these committee amendments floor and suggest the absence of a I voted against S. 2. But in this case, I aside. I have no objection to setting quorum. said I want, on behalf of the Senate, on those amendments aside and letting The PRESIDING OFFICER. The behalf of the minority, and on behalf of the Senate go forward and dispose of clerk will call the roll. myself, and on behalf of all other Sen- The legislative clerk proceeded to the amendment by Mr. DORGAN. There ators who do not know any more about call the roll. may be another amendment that would this bill than I do, I want to see a com- Mr. KEMPTHORNE. Mr. President, I fit into that. All I am asking is that I ask unanimous consent that the order mittee report. I want to see the minor- want this weekend, after I get through for the quorum call be rescinded. ity view. I want to see the votes that with mopping the kitchen and mopping The PRESIDING OFFICER (Mr. were taken inside the committee. I the washroom, and all those things, I want all those things in the committee GRAMS). Without objection, it is so or- want the opportunity to study this bill. dered. report that we are instructed to have That is a reasonable request. I am sav- Mr. KEMPTHORNE. Mr. President, I in the committee reports by the Senate ing my strength for a filibuster on an- ask unanimous consent that the re- rules. Senators and listeners who do other day, on another bill. I am not maining committee amendments be not know what I am talking about, filibustering this bill. Give me a break temporarily laid aside in order to con- read the Senate rules and find out. I here. sider the Dorgan amendment; that no wanted those, and I wanted an oppor- So I have no objection to that if the second-degree amendments be in order, tunity not just to have it given to me leader wants to do that. and that at 2:30 a vote will occur on the in my hand but an opportunity to Mr. DOLE. Will the Senator yield? amendment. study it. I have the reports now, but I Mr. BYRD. I am merely reserving the Mr. BYRD. Mr. President, reserving want this weekend to study this bill. right to object. the right to object. Will the Senator In the meantime, I do not want to ap- Mr. DOLE. Last night we talked kindly restate the request? pear to be filibustering, although I do about your dog, Billy, and my dog, not mind being a filibusterer when the Mr. KEMPTHORNE. Yes. The unani- Leader. So I have had Leader inscribe a right time comes. Senators will know mous-consent request is that the re- picture for Billy, and here is the pic- when I am filibustering. I have been maining committee amendments be ture. called worse names than a filibusterer. temporarily laid aside in order to con- Mr. BYRD. Will wonders never cease? But I have no interest in killing the sider the Dorgan amendment; that no Sweet smoke of rhetoric, my, what a bill. I may be for it. I probably will be, second-degree amendments be in order, handsome dog that is. I wish someone and that at 2:30 a vote will occur on the but I am not sure. I probably will be for the bill. But I resist the temptation to would call my office downstairs and Dorgan amendment. have a picture of Billy brought up here. Mr. LEVIN. I wonder if the Senator roll over and play dead. I resist that That is a pedigree. That is a blue rib- who reserved the right to object will temptation. I am not going to be cowed bon dog. yield for a question to the manager. like a whipped dog because of threats I will read the inscription: ‘‘To Mr. BYRD. Yes. or charges that I may be obstructing or Mr. LEVIN. The Dorgan amendment filibustering. I am not doing that. I Billy:’’ that the Senator is referring to, as I want to know what is in these bills. We There is only one Billy, and that is understand it, is an amendment which have plenty of time. We do not have to Billy Byrd. would substitute the ACIR, in lieu of ram them through. Let us take the ‘‘To Billy, with best wishes.’’ The sig- the new commission which the bill time. This is an important bill. I hear nature, ‘‘Leader.’’ Leader; that is a would create, the ACIR being an exist- a lot of whispering and murmuring beautiful dog. It really is. ing commission on intergovernmental about problems with this bill from my I thank the distinguished leader. relations. As I understand Senator Dor- colleagues. I want to know what is in But I do want to bring a picture of gan’s amendment, it would utilize the it. So I want to study that bill this Billy up. ACIR in lieu of creating a new commis- weekend, after I do the mopping of the So I have no objection to setting the sion, as the bill currently provides; is kitchen. I always mop the kitchen. amendments aside for that purpose. that just the nature of the amendment, Every Saturday that is my job and I The PRESIDING OFFICER. Is there so the folks know what it is the unani- mop the washroom where she does the objection to the request? Without ob- mous consent refers to? washing, where the washer and dryer jection, it is so ordered. S 938 CONGRESSIONAL RECORD — SENATE January 13, 1995 Mr. DORGAN addressed the Chair. (b) DETAIL OF STAFF OF FEDERAL AGEN- If this organization, the ACIR, one The PRESIDING OFFICER. The Sen- CIES.—Upon request of the Executive Direc- with such a distinguished reputation, ator from North Dakota. tor of the Advisory Commission, the head of one which I have worked with person- any Federal department or agency may de- AMENDMENT NO. 18 tail, on a reimbursable basis, any of the per- ally for over 20 years on many inter- (Purpose: To provide for certain studies and sonnel of that department or agency to the governmental issues, if this organiza- reports to be performed by the Advisory Advisory Commission to assist it in carrying tion has been the one that has done Commission on Intergovernmental Rela- out this title. over a decade’s worth of research and tions, and for other purposes) (c) CONTRACT AUTHORITY.—The advisory work on unfunded mandates, the ques- Mr. DORGAN. I send an amendment Commission may, subject to appropriations, contract with and compensate government tion for me was: Why would we pass to the desk. and private persons (including agencies) for legislation that creates a new commis- The PRESIDING OFFICER. The property and services used to carry out its sion to give us some studies and some clerk will report the amendment. duties under this title. answers on unfunded mandates? That The legislative clerk read as follows: SEC. 305. AUTHORIZATION OF APPROPRIATIONS. does not make any sense. In fact, it did The Senator from North Dakota [Mr. DOR- There are authorized to be appropriated to not make any sense over recent GAN] for himself, Mr. GRAHAM, Mr. LEVIN, the Advisory Commission— months to all of those Republicans and (1) to carry out section 301, $1,000,000 for and Mr. KEMPTHORNE, proposes an amend- Democrats who were constructing this. ment numbered 18. each of fiscal years 1995 and 1996; (2) to carry out section 302, $500,000; and Only in the last week or so was a new Mr. DORGAN. Mr. President, I ask (3) to carry out section 303, $200,000 for commission put in here in substitute unanimous consent that reading of the each of fiscal years 1995, 1996, 1997, 1998, and for ACIR. amendment be dispensed with. 1999. My amendment says, let us replace it The PRESIDING OFFICER. Without Mr. DORGAN. Mr. President, I am of- with the Advisory Commission on objection, it is so ordered. fering this amendment along with the Intergovernmental Relations. It makes The amendment is as follows: Senator from Florida [Mr. GRAHAM]; little sense to create a new commis- On page 39, strike out lines 4 through 11 the Senator from Michigan [Mr. sion. We are in Government these days and insert in lieu thereof the following: LEVIN]; and the Senator from Idaho talking about reinventing, about SEC. 301. BASELINE STUDY OF COSTS AND BENE- [Mr. KEMPTHORNE]. FITS. downsizing, about trying to be more ef- Mr. President, it says on page 39 of S. ficient, trying to avoid duplication and (a) IN GENERAL.—Not later than 180 days 1, which the Senate is now considering, after the date of enactment of this Act, the overlapping of duties. at the top of the page, under: Advisory Commission on Intergovernmental And this amendment simply moves Relations (hereafter in this title referred to Title III—Review of Unfunded Federal us in that direction, to say a commis- as the ‘‘Advisory Commission’’), in consulta- Mandates sion already exists, a commission that tion with the Director, shall begin a study to SEC. 301. ESTABLISHMENT. examine the measurement and definition is- has expertise in this very matter, and There is established a commission which that is the commission that ought to sues involved in calculating the total costs shall be known as the ‘‘Commission on Un- and benefits to State, local, and tribal gov- funded Federal Mandates’’ (in this title re- appear on page 39. ernments of compliance with Federal law. ferred to as the ‘‘Commission’’). So my amendment is relatively sim- (b) CONSIDERATIONS.—The study required And then it goes on in subsequent ple. It simply substitutes the ACIR for by this section shall consider— the new commission that otherwise (1) the feasibility of measuring indirect pages to describe the duties and re- costs and benefits as well as direct costs and sponsibilities of this commission. would be created. benefits of the Federal, State, local, and My amendment would substitute the The advantages to this are obvious. tribal relationship; and Advisory Commission on Intergovern- First of all, the Advisory Commission (2) how to measure both the direct and in- mental Relations for this new commis- on Intergovernmental Relations is direct benefits of Federal financial assist- sion. ready to do this work. No new commis- ance and tax benefits to State, local, and I offer this amendment because, prior sion has to be created. No new mem- tribal government. to a week or so ago, all of the drafts of bers have to be appointed. No new staff SEC. 302. REPORT ON UNFUNDED FEDERAL MAN- this legislation, going back to last has to be hired. No new space to house DATES BY ADVISORY COMMISSION ON INTERGOVERNMENTAL RELA- year, written by the Governmental Af- a staff need be created. No new rules. TIONS. fairs Committee under the chairman- No new relationships. It already exists. (a) IN GENERAL.—The Advisory Commis- ship of Senator GLENN, and more re- It can, because of that, realistically, in sion on Intergovernmental Relations shall in cently negotiated in biparitisan discus- my judgment, meet all of the time- accordance with this section— sions, all of those drafts included in tables. So it is a perfect fit. On page 43, beginning with line 1, strike this section a commission to study un- I indicated that the ACIR has done out all through line 17 on page 49 and insert funded mandates and that commission in lieu thereof the following: studies going back 10 years on this was going to be the Advisory Commis- very issue. In fact, they have done five SEC. 303. MONITORING IMPLEMENTATION. sion on Intergovernmental Relations. (a) IN GENERAL.—The advisory Commission major studies and have been the major shall monitor and evaluate the implementa- It is called ACIR. ACIR is an organiza- resource used by most of us in the Con- tion of this Act, including by conducting tion that has been in existence a long, gress who have been concerned about such hearings, and consulting with such Fed- long time, one with which I have a unfunded mandates. The mission of the eral, State, local, and tribal governments, as great deal of familiarity from the time Advisory Commission on Intergovern- the Advisory Commission considers appro- when I was a statewide elected official. mental Relations is to strengthen the priate for obtaining information and views ACIR has done a substantial amount Federal system, strengthen the co- about the purpose, implementation, and re- of research in many, many areas deal- operation between levels of govern- sults of this Act. ing with intergovernmental relations. (b) BIENNIAL REPORT.—The Advisory Com- Its membership includes members from ment. And so, again, it is uniquely sit- mission shall submit a report to the Presi- uated, in my judgment, to perform this dent and the Congress every 2 years which— virtually all levels of government, members appointed by the President, task. (1) presents the findings of the Advisory I have watched with interest the dis- Commission under subsection (a); and members appointed by the Presiding (2) presents recommendations for improv- Officer of the Senate, the House; we cussion on the floor of the Senate re- ing the implementation of this Act, includ- have mayors and Governors and we cently about unfunded mandates. As I ing regarding any need for amending this have private citizens. conclude and prepare to allow my dis- Act. The fact is, it is an outstanding com- tinguished friend from Florida and oth- SEC. 304. SPECIAL AUTHORITIES OF ADVISORY mission that has done outstanding ers, hopefully, to support this amend- COMMISSION. work for a long, long while. And it has ment, I just want to say that it is not (a) EXPERTS AND CONSULTANTS.—For pur- especially done an enormous amount of without merit, in my judgment, for us poses of carrying out this title, the Advisory Commission may procure temporary and work on the subject of unfunded man- to proceed with deliberation and pro- intermittent services of experts or consult- dates. It has for over 10 years done ceed in a manner that allows all Mem- ants under section 3109(b) of title 5, United credible and thoughtful studies on this bers of this body to have some comfort States Code. subject of unfunded mandates. that they understand exactly what is January 13, 1995 CONGRESSIONAL RECORD — SENATE S 939 in this legislation. This will be a better The PRESIDING OFFICER. The Sen- I recognize that the bill provides that bill if we proceed in a manner that al- ator from Michigan. in a reauthorization, whatever the cur- lows everyone to understand it, ask all Mr. LEVIN. Mr. President, thank rent status of unfunded mandates is of the questions, improve it, modify it, you. does not trigger the mechanisms of change it, accept it and then finally First of all, let me congratulate Sen- this bill. It is only if we elevate further vote on it and move this along so that ator DORGAN on this amendment. I an additional $50 million of imposition it becomes law. think he has experience in intergovern- on State and local governments, will I expect, in the end, to cast a ‘‘yes’’ mental relationships. I believe he has the mechanisms of this specific bill re- vote on a piece of legislation that I actually served on that commission, al- late to existing, enhanced, enlarged, think has great merit. But there are though I may be mistaken. I know I engorged, unfunded mandates. questions that will be asked. I have have served on that commission. But what title III—which is what we two additional amendments I will offer There is no reason for Members to be are amending—provides is there will be next week. But I believe that this bill creating another commission. It is the a systematic look back at all of the un- moves us in the right direction of being last thing we ought to be doing when funded mandates. That will provide more responsible on a subject where we we are reinventing Government. Members the opportunity to receive a have acted in the past without, in my This bill, I believe, was deficient in thoughtful, quantitative analysis of judgment, full information. that regard by creating another com- the unfunded mandates which are in And so I appreciate very much the mission. Unlike last year’s bill 993, the current law, present those to the discussion that has gone on among the which used the Advisory Commission appropriate authorization committees principal sponsors of the legislation on Intergovernmental Relations, an ex- so that when bills are being considered isting commission, this bill before at the committee level in hearings and and Senator BYRD and many others on this floor in recent hours and recent Members created a new commission. It then later considered on the floor to days. I thank him for his willingness to was unneeded. It will lead to delay and final adoption, we will be in a position allow this amendment to be offered and expense. to offer amendments that relate to allow the other amendments to be set I congratulate Senator DORGAN on those current levels of unfunded man- aside. It demonstrates, I think, that we going back to what was in last year’s dates. And if successful, if we believe it Senate bill 993, which was utilizing the is appropriate and wise, to eliminate, want to make some progress on this ACIR for this purpose. I am pleased to reduce, or redirect the nature of the legislation. And this amendment itself cosponsor his amendment. current unfunded mandates. is one with merit and one that I think Mr. GRAHAM addressed the Chair. The reason it is so important we pass will demonstrate progress. The PRESIDING OFFICER. The Sen- this amendment and place that respon- I know Senator GRAHAM and Senator ator from Florida. sibility for doing that analysis of exist- KEMPTHORNE and others wish to speak Mr. GRAHAM. Thank you, Mr. Presi- ing unfunded mandates in the Advisory in support of it. With that, Mr. Presi- dent. Commission on Intergovernmental Re- dent, I yield the floor. I want to first express my support for lations is because it is competent to do Mr. BYRD. Would the Senator allow the objectives of S. 1, and I look for- that job; it has a high level of con- me to compliment him, and also I ward to voting for it on final passage. fidence by persons at the local, State, would ask that he add my name as a I believe that there has been a tend- and Federal level. It has been in busi- cosponsor of this amendment. ency, particularly during a time of re- ness since 1959. As I understand, the pending bill au- strained Federal resources, to look to It is not an entity which is going to thorizes more Federal staff at CBO and the imposition of obligations on State be new to this issue, as Senator DOR- more Federal spending, $4.5 million per and local government as a means of ac- GAN said. In fact, the ACIR has con- year, to hire additional CBO personnel complishing national objectives which ducted some five major studies of un- to carry out their new, largely we at the National Government are ei- funded mandates within the last 10 unachievable, responsibilities under ther unable or unwilling to pay for. years. So it will bring a tremendous the bill. In addition, the bill would set This will not preclude such behavior in amount of expertise to this issue, and up yet another Federal commission. the future, but it will require the Con- the ability to apply that expertise on And we have in the bill that was gress to understand what it is doing an expedited basis. passed earlier this week—which I was and make a discreet judgment that There are some very important reau- against, the so-called coverage bill—we that is the course of action that it is thorizations which contain some of the have in that bill a new bureaucracy willing to undertake. most egregious examples of unfunded under the auspices of a so-called bi- Having said that, I think there is mandates that are going to be coming cameral commission that will spend al- going to be a surprise and disappoint- before this 104th Congress. It is very most unlimited funds. That was one of ment, however, upon the final passage much in our interest that we have an the reasons why I voted against the of the bill if it is in basically the form entity which can quickly move to do bill. Is this what the Senators mean by that is currently before Members. That that analysis and make that informa- Government reform, continuing to es- is that many feel it is going to undo ex- tion available to Members so that dur- tablish commissions? isting mandates. ing the course of the next 2 years, we A bill which passed earlier this week, I have seen news accounts of Gov- will be in a position to make some as I say, S. 2, created a whole new ernors and other executives at the thoughtful judgments in existing legis- board and authorized that board to em- local level who have talked about the lation as to whether we wish to con- ploy such staff and consultants as were amount of savings that will be derived tinue existing unfunded mandates. considered appropriate. I voted against as a result of passage of this bill. As I Mr. President, for those reasons, I that bill for a number of reasons, one read the bill and understand its proc- want to commend Senator DORGAN for of which, I opposed the creation of that esses, it is all prospective in operation. having offered this amendment and I new board. That is, it will make it more difficult am very pleased to join with Senator Mr. President, I want to commend to impose new unfunded mandates, but DORGAN and his colleagues in its sup- the Senator from North Dakota on his it in no way deals directly with those port. amendment, and I hope he will allow mandates that are already in place. I urge to my colleagues its adoption. me to be a cosponsor. That is what makes this amendment so Mr. KEMPTHORNE. Mr. President, I, Mr. DORGAN. Mr. President, I thank important. too, appreciate what the Senator from the Senator very much for his generous What title III does is it sets up a par- North Dakota has carried out. It just remarks. I ask unanimous consent that allel process that gives us a greater ca- makes a great deal of sense to use an the Senator from West Virginia [Mr. pacity to look at current unfunded existing commission where we already BYRD] be added as a cosponsor. mandates and, on a case-by-case basis, have different representatives from the The PRESIDING OFFICER. Without particularly through the reauthoriza- impacted organizations serving as op- objection, it is so ordered. tion process, to begin to deal with posed to creating a new commission. I Mr. LEVIN addressed the Chair. those unfunded mandates. think that makes very good sense. S 940 CONGRESSIONAL RECORD — SENATE January 13, 1995 Mr. President, I suggest the absence AMENDMENT NO. 18, AS MODIFIED sion still comports with this bill’s of a quorum. Mr. DORGAN. I ask unanimous con- original thinking of what the commis- The PRESIDING OFFICER. The sent to modify my amendment. I have sion would do. It accomplishes the re- clerk will call the roll. sent the modification to the desk. sult of the amendment. And I appre- The legislative clerk proceeded to The PRESIDING OFFICER. Is there ciate the indulgence of my colleagues call the roll. objection? Without objection, the to explain the modification. Mr. DORGAN. Mr. President, I ask amendment is so modified. Mr. KEMPTHORNE. Will the Senator unanimous consent that the order for The amendment, as modified, is as yield? the quorum call be rescinded. follows: Mr. DORGAN. I will be happy to The PRESIDING OFFICER. Without On page 39, strike out lines 4 through 11 yield. objection, it is so ordered. and insert in lieu thereof the following: Mr. KEMPTHORNE. Does the Sen- SEC. 301. BASELINE STUDY OF COSTS AND BENE- ator request the yeas and nays? Mr. DORGAN. Mr. President, I send a FITS. modification to the desk. Mr. DORGAN. Mr. President, I ask (a) IN GENERAL.—Not later than 180 days for the yeas and nays. Mr. LEAHY. Mr. President, par- after the date of enactment of this Act, the liamentary inquiry. What is the regu- Advisory Commission on Intergovernmental The PRESIDING OFFICER. Is there a lar order? Relations (hereafter in this title referred to sufficient second? The PRESIDING OFFICER. Does the as the ‘‘Advisory Commission’’), in consulta- There is a sufficient second. Senator yield for inquiry? tion with the Director, shall begin a study to The yeas and nays were ordered. examine the measurement and definition is- Mr. KEMPTHORNE. Mr. President, Mr. DORGAN. I would be happy to sues involved in calculating the total costs yield. also we have another amendment. I am and benefits to State, local, and tribal gov- going to ask unanimous consent that it Mr. LEAHY. What is the regular ernments of compliance with Federal law. follow immediately after the vote that order? (b) CONSIDERATIONS.—The study required is going to occur on the amendment of The PRESIDING OFFICER. The reg- by this section shall consider— Senator DORGAN. This simply deals ular order will be to vote on the Dor- (1) the feasibility of measuring indirect costs and benefits as well as direct costs and with that issue, to further clarify that gan amendment. benefits of the Federal, State, local, and S. 1 will be able to, in a report, define Mr. LEAHY. A further parliamentary tribal relationship; and if there is any area of competitive dis- inquiry. And I appreciate my friend (2) how to measure both the direct and in- advantage to the private sector. from North Dakota yielding for this direct benefits of Federal financial assist- ance and tax benefits to State, local, and So I ask unanimous consent a rollcall purpose. Further parliamentary in- vote on the Kempthorne-Cochran-Levin quiry. Does that mean absent unani- tribal governments. SEC. 302. REPORT ON UNFUNDED FEDERAL MAN- amendment regarding committee re- mous consent we would have the vote DATES BY ADVISORY COMMISSION ports on competitive balance imme- that originally had been scheduled at ON INTERGOVERNMENTAL RELA- diately follow the vote on the Dorgan 2:30? TIONS. amendment. (a) IN GENERAL.—The Advisory Commis- The PRESIDING OFFICER. The Sen- Mr. BYRD. Mr. President, reserving ator is correct. sion on Intergovernmental Relations shall in accordance with this section— the right to object, we cannot order Mr. LEAHY. Unmodified. On page 43, beginning with line 1, strike rollcall votes by unanimous consent. The PRESIDING OFFICER. The Sen- out all through line 17 on page 49 and insert I have no objection to setting the ator is correct. in lieu thereof the following: amendment aside for this amendment. Mr. LEAHY. Further reserving the SEC. 303. SPECIAL AUTHORITIES OF ADVISORY I think it improves the bill and that is right to object—I probably will not, COMMISSION. what I have been advised by Senator but further reserving the right to ob- (a) EXPERTS AND CONSULTANTS.—For pur- LEVIN and others. But we cannot get ject, if it would be in order for me to poses of carrying out this title, the Advisory that consent. ask the distinguished majority leader, Commission may procure temporary and intermittent services of experts or consult- Mr. DOLE. Set it aside, offer it, and might he tell me, if this modification ants under section 3109(b) of title 5, United then have a rollcall vote. occurred, how many more votes we States Code. Mr. BYRD. I have no objection, if the would have and when we would finish (b) DETAIL OF STAFF OF FEDERAL AGEN- Senator makes the request to set the voting? CIES.—Upon request of the Executive Direc- amendment aside and that a vote occur Mr. DOLE. I would like to accommo- tor of the Advisory Commission, the head of immediately on the second. I have no date the Senator from Vermont and any Federal department or agency may de- problem with that but we have to order others by having back-to-back votes tail, on a reimbursable basis, any of the per- the yeas and nays by a show of hands. sonnel of that department or agency to the and have the Senator out of here by 5 Advisory Commission to assist it in carrying The PRESIDING OFFICER. The Sen- after 3 or 6 or 7 after 3. I do not know out this title. ator from Idaho. whether that accommodates the Sen- (c) CONTRACT AUTHORITY.—The Advisory Mr. KEMPTHORNE. Then my unani- ator or not. So if we work it out, if we Commission may, subject to appropriations, mous consent would embody what the have back-to-back votes, that will be it contract with and compensate government Senator from West Virginia has so for today. and private persons (including agencies) for stated, and following that, so we would Mr. LEAHY. I will not object. I would property and services used to carry out its have a recorded vote, I ask for the yeas duties under this title. only note, not that it affects it, if we and nays. SEC. 304. AUTHORIZATION OF APPROPRIATIONS. had had the vote at 2:30, I would have The PRESIDING OFFICER. Is there There are authorized to be appropriated to been able to make my 3 o’clock flight the Advisory Commission— an objection that it be in order to order to Vermont to be with my family (1) to carry out section 301, and section 302 the yeas and nays at this time? With- today. This way I will not. $1,250,000 for each of fiscal years 1995 and out objection, it is so ordered. On things that we know we can work 1996. Is there a sufficient second? out, I would hope, for those of us who Mr. DORGAN. Mr. President, if I There is a sufficient second. do have families and do have homes in might just in brief seconds explain the The yeas and nays were ordered. our home States and do prefer to be modification. The modification is one The PRESIDING OFFICER. Will the there on weekends, that we might be that we have discussed with the spon- Senator from Idaho please send the sec- able to have some more exactness when sors of the amendment, and it would ond amendment to the desk. some of these votes will occur. I know make a change with respect to the AMENDMENT NO. 19 the leaders on both sides were working number of years and the number of dol- Mr. KEMPTHORNE. Mr. President, I hard on it, but it is unfortunate some- lars and the duties of this commission. now send the second amendment to the thing is happening now that could eas- It would eliminate something called desk and ask for its immediate consid- ily have happened 11⁄2 hours ago. section 303, and it would provide fund- eration. I will not object. ing for the exercise of duties under sec- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- tion 301 and 302 for $1.25 million each of clerk will report. ator from North Dakota has the floor. the years 1995 and 1996. This new ver- The legislative clerk read as follows: January 13, 1995 CONGRESSIONAL RECORD — SENATE S 941 The Senator from Idaho [Mr. Mr. GLENN. Mr. President, I move to The motion to lay on the table was KEMPTHORNE], for himself, Mr. COCH- reconsider the vote. agreed to. RAN and Mr. LEVIN, proposes an amend- Mr. KEMPTHORNE. I move to lay ment numbered 19. that motion on the table. f The amendment is as follows: The motion to lay on the table was agreed to. CRISIS OF CURRENCY AND On page 15, line 12, after ‘‘nesses’’ insert FOREIGN EXCHANGE the following: ‘‘including a description of the VOTE ON AMENDMENT NO. 19 actions, if any, taken by the Committee to The PRESIDING OFFICER. Under Mr. MOYNIHAN. Mr. President, I rise avoid any adverse impact on the private sec- the previous order, the question occurs at the end of our day to speak to the tor or the competitive balance between the on amendment No. 19, offered by the subject with which the House and Sen- public sector and the private sector.’’ Senator from Idaho [Mr. KEMPTHORNE]. ate began the day, which is the crisis of VOTE ON AMENDMENT NO. 18 The yeas and nays have been ordered. currency and foreign exchange in Mex- The PRESIDING OFFICER. Under The clerk will call the roll. ico and the prospect that, unless there the previous order, the question now The bill clerk called the roll. is a quite extraordinary and urgent ac- occurs on amendment No. 18, offered by Mr. LOTT. I announce that the Sen- tion in the United States, the Govern- the Senator from North Dakota. ator from Texas [Mr. GRAMM], the Sen- ment of Mexico might default on its The yeas and nays have been ordered. ator from Utah [Mr. HATCH], the Sen- foreign obligations, a matter which The clerk will call the roll. ator from North Carolina [Mr. HELMS], would have repercussions not just The legislative clerk called the roll. the Senator from Vermont [Mr. JEF- throughout the Western Hemisphere, Mr. FORD. I announce that the Sen- FORDS], the Senator from Virginia [Mr. not just in our own economy and that ator from Montana [Mr. BAUCUS], the WARNER] are necessarily absent. of Canada and the rest of Latin Amer- Senator from California [Mrs. BOXER], I further announce that, if present ica as already has been the case in Ar- the Senator from Hawaii [Mr. INOUYE], and voting, the Senator from North gentina and Brazil, but, indeed, reper- the Senator from Louisiana [Mr. JOHN- Carolina [Mr. HELMS] would vote cussions throughout the world. A world STON], the Senator from Arkansas [Mr. ‘‘yea.’’ of previously rigidly controlled, usu- PRYOR], the Senator from Nevada [Mr. Mr. FORD. I announce that the Sen- ally government-controlled economies REID], and the Senator from West Vir- ator from Montana [Mr. BAUCUS], the that have been moving toward free ginia [Mr. ROCKEFELLER] are nec- essarily absent. Senator from California [Mrs. BOXER], markets in the general shift of atti- Mr. LOTT. I announce that the Sen- the Senator from Hawaii [Mr. INOUYE], tudes that have come with the end of the Senator from Louisiana [Mr. JOHN- the cold war, and with the appearance ator from Texas [Mr. GRAMM], the Sen- STON], the Senator from Arkansas [Mr. ator from Utah [Mr. HATCH], the Sen- of wholly new and quite revolutionary RYOR ator from North Carolina [Mr. HELMS], P ], the Senator from Nevada [Mr. currency market systems. the Senator from Utah [Mr. JEFFORDS], REID], the Senator from West Virginia Mr. President, we have to act. We and the Senator from Virginia [Mr. [Mr. ROCKEFELLER] are necessarily ab- have to act now, immediately. And WARNER] are necessarily absent. sent. every day that goes by is a day in I further announce that, if present The PRESIDING OFFICER. Are there which the difficulty of acting effec- and voting, the Senator from North any other Senators in the Chamber de- tively becomes more problematic. Carolina [Mr. HELMS] would vote siring to vote? The result was announced—yeas 88, ORDER OF PROCEDURE ‘‘yea.’’ Mr. KEMPTHORNE. Mr. President, it The PRESIDING OFFICER (Mr. nays 0, as follows: [Rollcall Vote No. 19 Leg.] would be our intent that next Tuesday, SANTORUM). Are there any other Sen- at 9:30 a.m. we would again take up S. ators in the Chamber who desire to YEAS—88 1. At that time I would be asking for a vote? Abraham Faircloth Mack unanimous-consent agreement that we The result was announced—yeas 88, Akaka Feingold McCain would lay aside the next two commit- nays 0, as follows: Ashcroft Feinstein McConnell Bennett Ford Mikulski tee amendments and that we would [Rollcall Vote No. 18 Leg.] Biden Frist Moseley-Braun then have before the Senate the pend- YEAS—88 Bingaman Glenn Moynihan Bond Gorton Murkowski ing business of the amendment found Abraham Faircloth Mack Bradley Graham Murray on page 25. Akaka Feingold McCain Breaux Grams Nickles Ashcroft Feinstein McConnell I would not make that unanimous Brown Grassley Nunn Bennett Ford Mikulski Bryan Gregg Packwood consent request until Tuesday morn- Biden Frist Moseley-Braun Bumpers Harkin Pell ing. And on behalf of the leader I an- Bingaman Glenn Moynihan Burns Hatfield Pressler Bond Gorton Murkowski nounce that it is possible that there Byrd Heflin Robb Bradley Graham Murray Campbell Hollings Roth could be votes prior to the 12:30 recess Breaux Grams Nickles Chafee Hutchison Santorum on Tuesday. Brown Grassley Nunn Coats Inhofe Sarbanes Bryan Gregg Packwood Mr. MOYNIHAN. I was saying that Cochran Kassebaum Shelby Bumpers Harkin Pell we are in the midst of a regional crisis Cohen Kempthorne Simon Burns Hatfield Pressler Conrad Kennedy Simpson which could become a global crisis in Byrd Heflin Robb Coverdell Kerrey Smith very short order. Such are the speeds Campbell Hollings Roth Craig Kerry Snowe Chafee Hutchison Santorum with which currency markets move at D’Amato Kohl Specter Coats Inhofe Sarbanes Daschle Kyl Stevens this time, such is the enormous Cochran Kassebaum Shelby DeWine Lautenberg Thomas amount of capital not controlled by Cohen Kempthorne Simon Dodd Leahy Thompson Conrad Kennedy Simpson governments. Such is the capacity al- Dole Levin Thurmond Coverdell Kerrey Smith Domenici Lieberman Wellstone ready in evidence in our region to re- Craig Kerry Snowe Dorgan Lott consider the whole degree of risk in- D’Amato Kohl Specter Exon Lugar Daschle Kyl Stevens volved in these new economies. This DeWine Lautenberg Thomas NOT VOTING—12 week’s ‘‘The Economist’’ speaks of this Dodd Leahy Thompson Baucus Helms Pryor matter in no fewer than three separate Dole Levin Thurmond pieces. Domenici Lieberman Wellstone Boxer Inouye Reid Dorgan Lott Gramm Jeffords Rockefeller I speak, sir, in support of the general Exon Lugar Hatch Johnston Warner outlines as they are understood pres- NOT VOTING—12 So the amendment (No. 19) was ently of the agreements reached on a Baucus Helms Pryor agreed to. bipartisan basis between the Members Boxer Inouye Reid Mr. GLENN. Mr. President, I move to of the Senate, the leadership in the Gramm Jeffords Rockefeller reconsider the vote by which the House, the administration, and, of Hatch Johnston Warner amendment was agreed to. course, the Federal Reserve Board in So, the amendment (No. 18), as modi- Mr. KEMPTHORNE. Mr. President, I the person of our distinguished chair- fied, was agreed to. move to lay that motion on the table. man, Alan Greenspan. S 942 CONGRESSIONAL RECORD — SENATE January 13, 1995 This morning, we met with Mr. damentally a one-party state. Other surely, which we find of central impor- Rubin, our Secretary of the Treasury, parties are tolerated, and there have tance. Mr. Greenspan, and Dr. Summers, who been occasions recently in which the And the agreement we reached itself is the Treasury Undersecretary and is PRI, the Party of the Institutionalized was problematic in certain respects. deeply involved in these matters. Revolution, has, in fact, accepted de- For example, the Mexican investors A number of persons mentioned the feat in a local election. had instant access to American mar- degree to which there was already a re- But, in the main, since the 1920’s, kets—open, free, unfettered with that action in this country—on radio call-in there has been one party, and it has always indispensable feature that you shows and such like—speaking in var- dominated all aspects of the national could buy anything you could pay for. ious degrees of censure and animosity life. For example, a Mexican firm re- about those in this Chamber and the At the time, and particularly under cently purchased a seat on the New other body who had supported the President Cardenas in the 1930’s, it was York Stock Exchange. Fine. But the North American Free-Trade Agreement a great achievement. We tend, because reciprocity you would expect has not and now find themselves having to as- of our own tradition, I suppose, to pay taken place. For example, American fi- sociate with this emergency action in a a great deal of attention to the onset of nancial institutions and many other crisis atmosphere. revolution and instability, if you will. American investors have had very re- I would like to speak as one who did That, in fact, Mr. President, is a very stricted access to the Mexican market. not support that agreement, who was ordinary event. It happens with the fre- The agreement provided for only lim- opposed from the first, and yet who quency of hurricanes in the Caribbean. ited access, over a very long transition very much supports the measures we A much more rare event in world his- period. Now, at this moment of a finan- are working on even as I speak, and to tory is the onset of stability. cial crisis, the Mexican Government make the point that this was always a Mexico had been a hugely unstable could very much wish it had done oth- close question in the Senate. society, largely because—if I can offer erwise and provided as much access as On May 24, 1991, on the issue of giving a thought, and I see my friend from anybody wished. And, indeed, they now the administration—then the adminis- New Mexico is on the floor and he have begun to do just that, even as the tration of President Bush—fast-track authority to negotiate a North Amer- would have a better, closer sense than agreement provides otherwise. They ican Free-Trade Agreement, 36 of us in I—but the Mexican polity had never de- would be in a stronger position today if this body—a large number—voted not veloped a device for yielding office. they had done so earlier. to do so. A position which I believe, in It has frequently been remarked by They would be in a stronger position retrospect, might have given a little American Presidents that the Amer- today if they had done so in the agree- more sense of treading carefully to our ican democracy really began—oh, ment. But the fact they did not was negotiators. But there you are. Philadelphia was fine, the inauguration very characteristic of a regime not to The agreement was negotiated begin- of George Washington was fine—but de- want any other influences that would ning after that vote, and eventually it mocracy really began when John challenge its own power. This was not came to the Committee on Finance, as Adams learned he had lost the election an accident. It was a normal response such trade agreements do. By then I to Thomas Jefferson, turned over a of such a regime, not to let any other was chairman of the committee and mostly empty Treasury, the Great influences take hold that they could was one of four members of the com- Seal, what there was of the Army, and not control. mittee who voted not to report the bill left for Massachusetts, thinking that Well, sir, they have not been able to favorably, although fully intent that he had been a failure when, in fact, he do so, and once again we see a crisis of the bill be reported, as clearly 16 mem- had proven in a democracy that free large consequence with international bers of the committee wished to be election can bring a transfer of party implications. The peso has dropped 40 done, and as the President, President and power. percent in three weeks or thereabouts. Clinton, had assumed the same posi- That has never happened in Mexico. Inflation may reach 40 to 50 percent tion of his predecessor in this regard, What has happened is that the inven- this year. There is a renewed concern, as was also the case of the Uruguay tion was that a President would leave as a result, along that border that round. office but he would choose his succes- reaches from the Caribbean to the Pa- The bill came to the floor in Novem- sor and would find himself frequently cific, with all the consequences for ille- ber 1993 and, again, the approval was in an advantaged and attractive posi- gal immigration, a matter of very deep not overwhelming. It was 61 to 38. Of tion in the aftermath of a single term. concern to States on the border, espe- course, there was a great deal of oppo- But it also meant that there were no cially to California. sition from a very wide range, wide free elections; and in addition, that What are we to do? It seems to me we spectrum of opponents, and they might there were frequent, dramatic viola- have no alternative and that we do at this point be tempted to assert they tions of human rights. Freedom House have a real opportunity. If we act, if we had been right all along. and Americas Watch have recorded this provide $40 billion in loan guarantees, I would like to take a different view. with great care and concern—not hos- the plan would be for the Mexican Gov- I would like to make the case that the tility, but concern. Americas Watch re- ernment to pay a fee to compensate us arguments, such as they were, against ported not 2 years ago that torture was for assuming that risk. That promises this agreement had to do with the na- endemic in Mexico. Not that it hap- technically the guarantor will make ture of the Mexican polity. I was one pened here and there, but it was en- money out of such an event in normal who absolutely supported a free-trade demic; it was a device of social control, circumstances. I do not say this will agreement with Canada, a country that torture—not long prison sentences or happen. It could. We issued a very large has a regime of law similar to our own, the like, but torture as a wholly ille- loan guarantee to the Israelis a few a tradition of an impartial and inde- gal, extralegal, but normal practice. years ago in a matter of providing pendent judiciary, of free elections, of The judiciary had no independence. housing for the sudden, huge immigra- basically a market system in their And the outcome of the election was a tion that was coming from the Soviet economy in which differences, when given, excepting on occasion, very rare- Union, and they were to pay a fee for they arise, are settled according to pro- ly, very infrequently, when another any bonds backed by our dollar guaran- cedures that are well understood and party was allowed to prevail. tee. They have not used that. They agreed to by both parties. In that circumstance, Mr. President, have not exercised that option at all. It is simply the case, Mr. President, I believed that we would be associating But were they to do so, we would be in that these conditions still do not exist ourselves—we would, as we have done— a position of a lender receiving com- in Mexico. They are not wholly absent in intricate economic-social relations pensation for a guarantee. and in no sense can we suggest—can we with a polity very different from our But if we do not do this, we face the or ought we suggest—that they will not own and very problematic as regards prospect of not only instability in the evolve. But they have not yet done so. those aspects of our civilization, our currencies of the Western Hemisphere The Mexican Government remains fun- polity, if you like, and of Canada’s, or the developing nations around the January 13, 1995 CONGRESSIONAL RECORD — SENATE S 943 world, we face the prospect of mass in- of the United Nations force, known as can reverse course at any time. All stability in Mexico itself. We have seen UNPROFOR, in Bosnia later this sides in the conflict have sought to ma- this in the Chiapas insurgency which is month. A few other Senators also had a nipulate UNPROFOR to their own not yet resolved by any means. We chance to meet with General Smith ends, but Serb forces have largely suc- have seen it in instances of political yesterday. ceeded in making UNPROFOR a tool of killings. I do not want to get in any Senator DOLE and I expressed admi- Serb strategy, and the recent improve- way abrasive, but I commented on this ration for General Smith’s willingness ment should be seen in that light. floor at one point that Mexico is a to take on this unenviable task. But we This situation will only get worse country where you can murder arch- also expressed skepticism that over time unless UNPROFOR can gain bishops and say they inadvertently UNPROFOR can improve its credibility credibility it has never enjoyed. wandered into the line of fire in a po- in order to more effectively carry out Either prompt, dramatic action lice action involving drug dealers, its limited mission of facilitating hu- should be taken to establish which was the equivalent of being shot manitarian relief and lessening the vio- UNPROFOR’s credibility and its abil- while in church. lence in Bosnia. But the change in ity to do its humanitarian job or command in UNPROFOR does at least Mr. President, Mr. Paul Gigot, in this UNPROFOR should be withdrawn from offer the opportunity to try to adopt morning’s Wall Street Journal, writes Bosnia and Herzegovina. measures to make UNPROFOR more that if we fail to stem the crisis, we The plan proposed last winter by effective. ‘‘can expect more Mexican sons and American military officers may have daughters to arrive in San Diego I recall that a year ago, when UNPROFOR’s leadership was rotating, worked if implemented then, but it is soon’’. Unwilling to stay in Mexico, probably too late toady. Certain ele- seeking a promise of better opportuni- American military officials responsible ments of that plan, however, are still ties, overwhelming the opportunities of for the humanitarian airlift and air- relevant and even more critical in light our own people in our own country. drops in Bosnia proposed to take ad- of Croatia’s recent announcement not We cannot do that. We cannot risk vantage of the situation to reestablish to extend UNPROFOR’s mandate in undermining a reviving Argentina UNPROFOR’s credibility and its abil- that country beyond March 31: economy, a promising Brazilian econ- ity to fulfill its mandate in Bosnia. omy. We cannot put at risk the efforts They proposed that UNPROFOR end Discredited UNPROFOR leaders can- around the world of countries that its ‘‘ ‘mother may I?’ construct of oper- not change the situation. Any effort to moved away from centrally controlled, ations,’’ and they outlined a plan by revitalize UNPROFOR must be accom- to use a French term, ‘‘dirigiste’’ re- which UNPROFOR, even with its re- panied by new leaders. General Rose, gimes in which American investment is strictive rules of engagement and lim- the UNPROFOR commander in Bosnia, kept out, American goods kept out, ited troops and equipment, could use will be replaced on January 24 by Gen- autarky I think as the economists force to more effectively carry out its eral Smith. Yasushi Akashi, the U.N. would call it, and with the result of humanitarian mission and curb Serb Secretary General’s representative for economic stagnation. and other harassment of UNPROFOR. the former Yugoslavia, must be re- The courage—and it takes courage— These American military officers placed, as well. to open up, to be part of the world warned that if such action were not The U.N.-declared no-fly zones and economy is more and more in evidence taken, an already bad situation would weapons-exclusion zones in Bosnia, everywhere. That courage could turn quickly get much worse. now widely flouted, primarily by the into fear and retreat in a very short When he first took command of Serbs, should be enforced. This in- UNPROFOR in January, Lt. Gen. Mi- order if we do not act. cludes the withdrawal of SAM’s from chael Rose took actions that suggested I would like to congratulate the ma- the zone and deactivation of SAM’s in he might follow this advice. But this jority leader of the Senate, ROBERT the surrounding area that threaten initial promise faded as General Rose DOLE, and the minority leader, TOM NATO aircraft policing the zones. became even more pliable to Serb de- DASCHLE, for their willingness to meet UNPROFOR should no longer toler- mands than previous UNPROFOR com- with the President, in the company of ate checkpoints operated by manders had been. The results have their counterparts from the House, to belligerents nor should it pay tolls, ex- been disastrous: bring forth a bipartisan American ini- tortion by belligerents of fuel and UNPROFOR has all along had dif- tiative which is very much directed to other humanitarian supplies. If ficulty supplying food, fuel, and medi- belligerents question whether a convoy the protection of American interests, cal supplies to Bosnian civilians suffer- and I hope it succeeds. I hope it finds is going to its declared civilian des- ing the privations of war. Now, tination, they should be permitted to support on the Senate floor with Sen- UNPROFOR cannot be sure it can sup- ride the convoy. ators generally as it has done with the ply its own emaciated troops. UNPROFOR should organize is con- leadership. The United Nations declared a weap- voys along military lines and reject I thank my friends for their patience. ons exclusion zone around Sarajevo but Serb demands that include armored ve- Mr. President, I thank the Chair, and I refused to enforce it despite routine hicles and similar demands. yield the floor. Serb violations. Now, it has effectively Mr. COHEN addressed the Chair. become a Serb-declared exclusion zone Any use of force or threat of force The PRESIDING OFFICER. The Sen- from which humanitarian air flights against UNPROFOR should be met ator from Maine. are blocked at the whim of Serb forces. with force. While such retaliation must f In the past, UNPROFOR had been hu- be measured according to its objective, it need not be limited to retaliation MORNING BUSINESS miliated by being compelled to assist Serbs in the deportation of detained against the specific offending forces, Mr. COHEN. Mr. President, I now ask Muslims. Now, UNPROFOR has been given the targeting difficulties often unanimous consent that there now be a rendered impotent by having its own involved and the need for UNPROFOR period for morning business with Sen- forces detained and used as human to acquire the upper hand. ators permitted to speak up to no more shields against NATO air attacks. As for the concern that adopting than 10 minutes each. Some UNPROFOR troops seem to have such an approach would endanger The PRESIDENT OFFICER. Without become willing hostages who engage UNPROFOR troops now detained by objection, it is so ordered. their Serb captors in sports and feasts. Serbs, the reality is that unless such f In short, continued UNPROFOR’s an approach is adopted immediately, submission to Serb demands and all UNPROFOR troops will be endan- UNPROFOR: END ITS IMPOTENCE threats may make it impossible for it gered—whether formally detained or OR END ITS MISSION to fulfill its mandate. While things ap- not. Action can either be taken to re- Mr. COHEN. Mr. President, I had the pear to have improved in recent weeks, verse the current situation, or it will opportunity last evening to join Sen- with relief flights resumed and U.N. only get worse. ator DOLE in meeting with British Gen. forces not held hostage, this has only If UNPROFOR refuses to adopt such Rupert Smith, who will take command been at the discretion of the Serbs, who an approach, it should be withdrawn in S 944 CONGRESSIONAL RECORD — SENATE January 13, 1995 as swift and orderly a manner as pos- table, including the Bosnian Serb lead- EC–88. A communication from the Chair- sible. The United States should, of ership. man of the Council of the District of Colum- course, provide the necessary assist- It is true that we have to shape our bia, transmitting, pursuant to law, a copy of ance to help our allies and friends in policy based on the situation as it ex- D.C. Act 10–343 adopted by the Council on November 1, 1994; to the Committee on Gov- UNPROFOR withdraw. This may in- ists today. No one can go back and ernmental Affairs. clude the temporary deployment of undue what has happened over the last EC–89. A communication from the Chair- ground forces in Bosnia. End the impo- 3 years. But we can learn from the mis- man of the Council of the District of Colum- tence or end the mission. takes of the last 3 years. bia, transmitting, pursuant to law, a copy of Any action by any of the belligerents The measures I have proposed would D.C. Act 10–344 adopted by the Council on to interfere with the withdrawal of seek to do so. But from what I heard November 1, 1994; to the Committee on Gov- UNPROFOR should be met by over- from General Smith, I am afraid that ernmental Affairs. UNPROFOR will continue down the EC–90. A communication from the Chair- whelming force. Such force should not man of the Council of the District of Colum- be limited to targeting those bellig- path it is on. If so, the quagmire that bia, transmitting, pursuant to law, a copy of erent forces directly involved in inter- is now up to its waist will soon be up to D.C. Act 10–345 adopted by the Council on fering with the withdrawal. Instead, its neck. And at that point, the task of November 1, 1994; to the Committee on Gov- given the difficulties often involved in pulling it out and bringing it home will ernmental Affairs. targeting the offending forces and the be much more difficult and costly. EC–91. A communication from the Chair- need to dominate the battlefield during With that, Mr. President, I suggest man of the Council of the District of Colum- bia, transmitting, pursuant to law, a copy of a withdrawal, targets could include the absence of a quorum. The PRESIDING OFFICER. The D.C. Act 10–346 adopted by the Council on anything of military, political or eco- November 1, 1994; to the Committee on Gov- nomic value to the belligerents. Nor clerk will call the roll. ernmental Affairs. The legislative clerk proceeded to should we exclude targets outside f Bosnia-Herzegovina, given that much call the roll. of the impetus and sustenance for the Mr. DOLE. Mr. President, I ask unan- REPORTS OF COMMITTEES imous consent that the order for the conflict has come from outside its bor- The following reports of committees der. quorum call be rescinded. The PRESIDING OFFICER. Without were submitted: Once UNPROFOR has withdrawn, By Mr. LUGAR, from the Committee on NATO should continue to enforce the objection, it is so ordered. Mr. DOLE. Mr. President, I thank the Agriculture, Nutrition, and Forestry, with- exclusion zone around Sarajevo to the out amendment: extent possible without excessively en- Chair. S. Res. 53. An original resolution authoriz- dangering allied forces. (The remarks of Mr. DOLE pertaining ing expenditures by the Committee on Agri- to the introduction of S. 230 are located culture, Nutrition, and Forestry (Rept. No. THE BROADER BALKEN CONTEXT in today’s RECORD under ‘‘Statements 104–3). Given the Clinton administration’s on Introduced Bills and Joint Resolu- f support for keeping UNPROFOR in tions.’’) Bosnia, and presumably trying to make INTRODUCTION OF BILLS AND it more effective there, the administra- f JOINT RESOLUTIONS tion should work with our allies to re- The following bills and joint resolu- verse Croatia’s decision to end EXECUTIVE AND OTHER COMMUNICATIONS tions were introduced, read the first UNPROFOR’s mandate in that coun- and second time by unanimous con- try. This might be possible if, parallel The following communications were sent, and referred as indicated: to adopting the measures I have pro- laid before the Senate, together with accompanying papers, reports, and doc- By Mr. DOMENICI: posed for UNPROFOR in Bosnia, a seri- S. 226. A bill to designate additional land ous effort were made to revitalize uments, which were referred as indi- as within the Chaco Culture Archeological UNPROFOR in Croatia, where it has cated: Protection Sites, and for other purposes; to been as much a tool of Serb strategy as EC–82. A communication from the Office of the Committee on Energy and Natural Re- in Bosnia. the District of Columbia Auditor, transmit- sources. The Clinton administration has ting, pursuant to law, the report entitled By Mr. HATCH (for himself and Mrs. nominally recognized the former Yugo- ‘‘Observed Weaknesses in the District’s Pro- FEINSTEIN): slav Republic of Macedonia [FYROM], curement System and Possible Remedies’’; S. 227. A bill to amend title 17, United to the Committee on Governmental Affairs. States Code, to provide an exclusive right to but in response to pressure from do- EC–83. A communication from the Office of perform sound recordings publicly by means mestic groups has refused to fulfill this the District of Columbia Auditor, transmit- of digital transmissions and for other pur- decision by sending an ambassador. ting, pursuant to law, the report entitled poses; to the Committee on the Judiciary. This is an important foreign policy ‘‘Review of the Implementation of Audit By Mr. BRYAN (for himself, Mr. issue, not a election spoil. A profes- Recommendations for the Public Access Cor- THOMPSON, Mr. SANTORUM, and Mr. sional diplomat should be dispatched poration of the District of Columbia’’; to the INHOFE): forthwith as ambassador with a man- Committee on Governmental Affairs. S. 228. A bill to amend certain provisions of date to assist in the reconciliation EC–84. A communication from the Office of title 5, United States Code, relating to the the District of Columbia Auditor, transmit- treatment of Members of Congress and Con- among ethnic groups in that country ting, pursuant to law the report entitled gressional employees for retirement pur- and between Skopje and Athens. ‘‘Analysis of the June 20, 1994 Transactional poses; to the Committee on Governmental Both Presidents Bush and Clinton Framework for the D.C. Arena Project’’; to Affairs. threatened to use military force the Committee on Governmental Affairs. By Mr. DASCHLE (for Mr. BAUCUS): against Serbia if it should employ bla- EC–85. A communication from the Chair- S. 229. A bill to require the Administrator tant force in Kosovo, Serbia’s Albania- man of the Council of the District of Colum- of the Environmental Protection Agency to populated province along its southern bia, transmitting, pursuant to law, a copy of conduct risk assessments and cost-benefit border with Albania and Macedonia. D.C. Act 10–340 adopted by the Council on analyses in promulgating regulations relat- November 1, 1994; to the Committee on Gov- ing to human health and the environment, While Serbia has been slowly tighten- ernmental Affairs. and for other purposes; to the Committee on ing its grip over the once autonomous EC–86. A communication from the Chair- Environment and Public Works.. Kosovo, this American threat remains man of the Council of the District of Colum- By Mr. DOLE (for himself, Mr. SIMON, useful to discourage overt and wide- bia, transmitting, pursuant to law, a copy of Mr. HELMS, Mr. ROBB, Mr. MCCAIN, spread violence. Congress should ex- D.C. Act 10–341 adopted by the Council on Mr. D’AMATO, Mr. KENNEDY, Mr. plicitly endorse this threat to make it November 1, 1994; to the Committee on Gov- GRAMM, and Mr. HATFIELD): more credible. ernmental Affairs. S. 230. A bill to prohibit United States as- Mr. President, during our meeting EC–87. A communication from the Chair- sistance to countries that prohibit or re- man of the Council of the District of Colum- strict the transport or delivery of United yesterday, General Rose emphasized bia, transmitting, pursuant to law, a copy of States humanitarian assistance; to the Com- that he was going to have to play the D.C. Act 10–342 adopted by the Council on mittee on Foreign Relations. hand he has been dealt, and do so with November 1, 1994; to the Committee on Gov- By Mr. KEMPTHORNE (for himself, the players who are already at the ernmental Affairs. Mr. WARNER, Mr. DOLE, Mr. CRAIG, January 13, 1995 CONGRESSIONAL RECORD — SENATE S 945 Mr. MCCAIN, Mr. MACK, Mr. SMITH, Mr. appearance of the Anasazi, as well as fore, the act mandated that these lands LOTT, Mr. NICKLES, Mrs. HUTCHISON, the purpose of Chaco Canyon and its be protected by cooperative agree- Mr. THURMOND, Mr. INHOFE, Mr. outliers, are two of archaeology’s more ments, rather than Federal acquisition, SANTORUM, Mr. HEFLIN, Mr. SIMPSON, intriguing mysteries. where possible. Mr. COATS, Mr. KYL, Mrs. FEINSTEIN, It is traditionally believed that Mr. COCHRAN, and Mr. ROBB): The Chacoan outliers are not in- S.J. Res. 17. A joint resolution naming the Chaco was a trade center for as many cluded in the National Park System. CVN–76 aircraft carrier as the U.S.S. Ronald as 75 outlying communities in the area. Rather, they are managed primarily by Reagan; to the Committee on Armed Serv- Other maintain that Chaco was a reli- the Bureau of Indian Affairs, the Nav- ices. gious and ceremonial site. While no one ajo Nation, and the Bureau of Land f is certain exactly what function Chaco Management. These entities are re- served in its time, all agree that its re- sponsible for resource protection and SUBMISSION OF CONCURRENT AND maining sites must be preserved and preservation at the sites. SENATE RESOLUTIONS protected. This legislation will expand the ex- The following concurrent resolutions Chaco Canyon has long been recog- isting Chaco culture archaeological and Senate resolutions were read, and nized as a nationally and internation- protection sites system to add a total referred (or acted upon), as indicated: ally significant site. In March 1907, a of eight new sites, and deleting two By Mr. LUGAR: Presidential proclamation established others. Of the two sites deleted, one S. Res. 53. An original resolution authoriz- Chaco Canyon as a national monu- has been incorporated into El Malpais ing expenditures by the Committee on Agri- ment. The monument was further en- National Monument, and the other is culture, Nutrition and Forestry; from the larged in 1928 by another Presidential owned and protected by the Ute moun- Committee on Agriculture, Nutrition, and proclamation. tain tribe which prefers to manage this Forestry; to the Committee on Rules and Ad- I have long been a supporter of pre- site. The additions are all publicly ministration. serving these precious areas. In 1980, I owned. This legislation also modifies f introduced and the Congress passed the the boundaries of certain already des- Chaco Culture National Historical STATEMENTS ON INTRODUCED ignated protection sites. Park Establishment Act, which became BILLS AND JOINT RESOLUTIONS Public Law 96–550. This act enlarged Included in these new archaeological By Mr. DOMENICI: the park and reestablished it as the protection sites is the first Forest S. 226. A bill to designate additional Chaco Culture National Historical Service site, Chimney Rock in south- land as within the Chaco Culture Ar- Park, consisting of the main body of ern Colorado. The Manuelito sites have chaeological Protection Sites, and for the park and three noncontiguous been designated as ‘‘Priority 1 National other purposes; to the Committee on units. The act also mandated proce- Historic Landmarks’’ because severe Energy and Natural Resources. dures for the protection, preservation, erosion has damaged the sites. The THE CHACOAN OUTLIERS PROTECTION ACT and administration of archaeological Morris 41 site was added to the list as ∑ Mr. DOMENICI. Mr. President, I rise remnants of the Chacoan culture. a result of hearings in the Senate Com- today to introduce the Chacoan When Chaco Canyon was first af- mittee on Energy and Natural Re- Outliers Protection Act of 1995. This forded Federal protection in 1907, nu- sources last year. legislation will expand the Chaco cul- merous aracheological sites were The net results of the changes to be ture archaeological protection sites to known to exist outside the boundaries made by the Chacoan Outliers Protec- include an additional 5,516 acres con- of the national monument. Their rela- tion Act would be to increase the num- taining structures and artifacts associ- tionship to Chaco Canyon, however, ber of Chaco culture archaeological ated with the Chacoan Anasazi Indian was unclear. Archaeologists subse- protection sites from 33 to 39 and to in- culture of the San Juan Basin of New quently determined that many of these crease the acreage of the system by Mexico. sites—some as far as 100 miles from 5,516 acres to 14,372 acres. Chaco Canyon lies within the San Chaco Canyon—were part of the This legislation also authorizes the Juan Basin in northwestern New Mex- Chacoan culture. Secretary of the Interior to use a com- ico, an area of major significance to To the untrained eye, the physical bination of land acquisition authority the cultural history of North America. remains of the Chacoan outliers are and cooperative agreements to provide It is estimated that the first human oc- difficult to discern. At some of the archaeological resources protection at cupation of the area dates as far back sites, walls still stand. At most sites, those sites remaining in private owner- as 10,000 years ago, when Paleo-Indian however, the magnificent structures of ship. Testimony received during hear- hunters entered the area. the Anasazi people have collapsed into ings in the House of Representatives The culture of these hunter-gatherers a mound of rubble, which over the last year indicated that the Depart- evolved quickly. Within the period years have been buried by the desert ment of the Interior did not have au- spanning from 500 to 900 A.D., the cul- sands and eroded by sand and wind. Un- thority to purchase sites without clear ture of the people of the San Juan fortunately, many of these sites were evidence of damage or destruction of Basin, part of a larger culture known further vandalized by unscrupulous pot the Chacoan resources located in such as the Anasazi, a Navajo term meaning hunters or degraded by development areas. The bill was modified by the ‘‘the ancient ones,’’ had developed activities. House to authorize the acquisition of more quickly than nearby Anasazi In order to protect these outliers, the such sites before they are destroyed. communities and cultures. Chaco Culture National Historical Twenty-five of the thirty-nine sites While modern-day Chaco Canyon is a Park Establishment Act designated 33 designated under this bill are under remote and barren site, ancient Chaco sites as Chaco culture archaeological Navajo jurisdiction. The Navajo people Canyon was the center of the Anasazi protection sites. The Secretary of the have preserved these resources in the civilization. The Anasazi flourished, Interior is charged with managing past, but no single agency has pre- building more pueblos and structures these sites in order to preserve them viously taken the lead role in assisting around Chaco Canyon and establishing and provide for their interpretation the Navajo Nation in these efforts to a large network of outlying commu- and study. Activities that would en- ensure that the Navajo Nation will nities, which are what we now refer to danger the cultural values of the sites have a meaningful and equitable role as the Chacoan outliers. These outliers are prohibited. in managing the Chaco sites. There- were spread over an area of more than Ownership of the lands containing fore, this bill directs the Secretary to 30,000 square miles and linked by an ex- the archaeological protection sites is a assist the Navjo Nation in the protec- tensive system of roads. checkerboard of private, State, Fed- tion and management of the sites lo- As suddenly as the Anasazi evolved eral, and Indian interests. The Indian cated on lands under the Navajo Na- and thrived in the San Juan area, by interests include trust, allotted, and tion’s jurisdiction. 1300 A.D. the culture just as quickly fee parcels. In addition, some surface These changes are the result of dedi- disappeared, lasting only a brief 400 and subsurface ownerships are divided cated years of research, recommenda- years. The sudden evolution and dis- between two or more entities. There- tions, and assistance from Federal, S 946 CONGRESSIONAL RECORD — SENATE January 13, 1995 State, and Indian officials and organi- ‘‘Name: Acres: THE EPA RISK ASSESSMENT AND COST-BENEFIT zations, archaeologists, the Inter- Manuelito-Kin Hochoi ...... 116 ANALYSIS ACT OF 1995 agency Management Group and the Morris 41 ...... 85 ∑ Mr. BAUCUS. Mr. President, today I Chaco Culture Archaeological Protec- Muddy Water ...... 1,090 am introducing a bill that would im- tion Sites, the National Park Service, Navajo Springs ...... 260 prove the Environmental Protection Newcomb ...... 50 the Bureau of Indian Affairs, the Bu- Agency’s implementation of the Clean Peach Springs ...... 1,046 Air Act, the Clean Water Act, and reau of Land Management, the Forest Pierre’s Site ...... 440 Service, the Navajo Nation, and the Raton Well ...... 23 other environmental laws by requiring State of New Mexico. These changes Salmon Ruin ...... 5 that, before issuing certain major regu- are also in accordance with the 1983 San Mateo ...... 61 lations, the EPA Administrator must Joint Management Plan for the Chaco Sanostee ...... 1,565 conduct a risk assessment and cost- culture archaeological protection sites. Section 8 ...... 10 benefit analysis. This bill is similar to the modified Skunk Springs/Crumbled House ..... 533 The bill is identical to the Johnston- version of S. 310 from the 103d Con- Standing Rock ...... 348 Baucus-Moynihan amendment, which gress. This bill was approved in the Toh-la-kai ...... 10 was approved by a vote of 90 to 8 and Senate, modified slightly by the House, Twin Angeles ...... 40 incorporated into section 18 of the Safe and was one of many public lands bills Upper Kin Klizhin ...... 60. Drinking Water Act that the Senate cleared for floor action by the Senate ‘‘(2) The map referred to in paragraph (1) shall be— passed last year. That amendment is Committee on Energy and Natural Re- ‘‘(A) kept on file and available for public described, in detail, on pages S5875–5881 sources, but never brought to the floor inspection in— of the May 18, 1994, RECORD. for final passage. I am hopeful we will ‘‘(i) appropriate offices of the National By way of brief background, we in be able to overcome the final hurdle Park Service; Congress sometimes react to the prob- and will pass legislation during the ‘‘(ii) the office of the State Director of the lems of the day. We passed the 104th Congress. These sites are part of Bureau of Land Management in Santa Fe, Superfund law in 1980 as a reaction to the cultural heritage of all Americans New Mexico; and the disaster at Love Canal. The Oil and we must act quickly to preserve ‘‘(iii) the office of the Area Director of the Bureau of Indian Affairs in Window Rock, Pollution Control Act was passed after them. Cultural resources, once lost, Arizona; and several tankers went aground fouling can never be restored or regained. ‘‘(B) made available for the purposes de- our coastal waters. And so on. I ask unanimous consent that the scribed in subparagraph (A) to the offices of For the most part these are sound text of the bill be printed in the the Arizona and New Mexico State Historic laws that protect our health and our RECORD. Preservation Officers.’’. environment. But, Mr. President, it is There being no objection, the bill was SEC. 4. DEFINITION. the rare case when Congress has all the ordered to be printed in the RECORD, as Section 503 of Public Law 96–550 (16 U.S.C. information when these laws are en- follows: 410ii–2) is amended by inserting ‘‘(referred to acted. Most often we are reacting to in this title as the ‘Secretary’)’’ after ‘‘Sec- S. 226 the most recent examples of the prob- retary of the Interior’’. Be it enacted by the Senate and House of Rep- lem, which unfortunately are just the SEC. 5. LAND ACQUISITIONS. resentatives of the United States of America in tip of the iceberg. Congress assembled, Section 504(c)(2) of Public Law 96–550 (16 But it is regulatory agencies like U.S.C. 410ii–3(c)(2)) is amended to read as fol- SECTION. 1. SHORT TITLE. lows: EPA who have the responsibility to ad- This Act may be cited as the ‘‘Chacoan ‘‘(2) The Secretary shall seek to use a com- dress the rest of the problem. And, Outliers Protection Act of 1995’’. bination of land acquisition authority under when they do, they are almost always SEC. 2. PURPOSES. this section and cooperative agreements faced with difficult task of deciding Section 501(b) of Public Law 96–550 (16 under section 505 to protect archeological re- how much protection is sufficient. U.S.C. 410ii(b)) is amended by striking ‘‘San sources at such sites described in section We may never have enough informa- Juan Basin;’’ and inserting ‘‘San Juan Basin 502(b) as remain in private ownership.’’. tion to legislate the right level of pro- and surrounding areas;’’. SEC. 6. ASSISTANCE TO THE NAVAJO NATION. tection in every case. But what we can SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEO- Section 506 of Public Law 96–550 (16 U.S.C. LOGICAL PROTECTION SITES. do is make sure that these judgments 410ii–5) is amended by adding at the end the are fair, unbiased, and based on the Subsection 502(b) of Public Law 96–550 (16 following new subsection: U.S.C. 410ii–1(b)) is amended to read as fol- ‘‘(f)(1) The Secretary, acting through the best information and analyses avail- lows: Director of the National Park Service, shall able. ‘‘(b)(1) Thirty-nine outlying sites as gen- assist the Navajo Nation in the protection That is the purpose of this bill. It re- erally depicted on a map entitled ‘Chaco Cul- and management of such Chaco Culture Ar- quires EPA to conduct a thorough as- ture Archeological Protection Sites’, num- cheological Protection Sites as are located sessment of the risks before it issues a bered 310/80,033–B and dated September 1991, on lands under the jurisdiction of the Navajo major regulation. It also requires the are designated as ‘Chaco Culture Archeologi- Nation through a grant, contract, or cooper- cal Protection Sites’. The 39 archeological Administrator to certify that the bene- ative agreement entered into under the In- fits outweigh the costs, that the best protection sites totaling approximately dian Self-Determination and Education As- 14,372 acres are identified as follows: sistance Act (25 U.S.C. 450 et seq.). available information was used, and ‘‘(2) The assistance provided under para- that there are no other alternatives ‘‘Name: Acres: graph (1) shall— that are more cost-effective. Allentown ...... 380 ‘‘(A) consist of assistance in site planning, This will ensure that the public and Andrews Ranch ...... 950 resource protection, interpretation, resource everyone affected by the regulation Bee Burrow ...... 480 management actions, and such other activi- will have full disclosure. They will Bisa’ani ...... 131 ties as may be identified in the grant, con- Casa del Rio ...... 40 know what is behind the regulation tract, or cooperative agreement; and and why it is needed. They will also Casamero ...... 160 ‘‘(B) include assistance with the develop- Chimney Rock ...... 3,160 ment of a Navajo facility to serve persons know how the risk addressed by the Coolidge ...... 450 who seek to appreciate the Chacoan Outlier regulation compare with other risks Dalton Pass ...... 135 Sites.’’.∑ encouraged in everyday life. Dittert ...... 480 Mr. President, I firmly believe in the Great Bend ...... 26 Greenlee Ruin ...... 60 By Mr. DASCHLE (for Mr. BAU- principles of risk assessment. But it Grey Hill Spring ...... 23 CUS): must be applied fairly, and must not be Guadalupe ...... 115 S. 229. A bill to require the Adminis- used to masquerade efforts to under- Halfway House ...... 40 trator of the Environmental Protection mine environmental protection. Haystack ...... 565 Agency to conduct risk assessments Unlike some other risk assessment Hogback ...... 453 and cost-benefit analyses in promulgat- proposals, this bill will not roll back Indian Creek ...... 100 Jaquez ...... 66 ing regulations relating to human the environmental gains we have al- Kin Nizhoni ...... 726 health and the environment, and for ready made, or tie the Environmental Lake Valley ...... 30 other purposes; to the Committee on Protection Agency in knots. It is lim- Manuelito-Atsee Nitsaa ...... 60 Environment and Public Works. ited to key rules that have a major January 13, 1995 CONGRESSIONAL RECORD — SENATE S 947 economic impact. It requires a careful (b) SUBSTANTIALLY SIMILAR FINAL REGULA- copyright owners of sound recordings assessment or regulatory benefits, in- TIONS.—If the Administrator determines that have the right to benefit from the digi- cluding environmental benefits that a final major regulation is substantially tal transmissions that may be made of similar to the proposed version of the regula- may be difficult to calculate. It will tion with respect to each of the matters re- their music. not trigger a flurry of lawsuits that ferred to in subsection (a), the Administrator Thus, like other copyright owners, clog the courts. Instead, it applies risk may publish in the Federal Register a ref- such as film and video producers, those assessment judiciously, so that we can erence to the statement published under sub- who create sound recordings will, on improve our efforts to protect human section (a) for the proposed regulation in lieu passage of this bill, be able to license health and the environment. of publishing a new statement for the final many of the digital transmissions In closing, I wish to complement Sen- regulation. made of their works. (c) REPORTING.—If the Administrator can- ator JOHNSTON, who has worked hard not certify with respect to one or more of One common illustration of how this on this issue for several years and ne- the matters addressed in subsection (a)(4), disparity in treatment operates in gotiated a solid compromise during the the Administrator shall identify those mat- practice will demonstrate the irration- last Congress. ters for which certification cannot be made, ality of our current law: Many new re- Mr. President, I ask unanimous con- and shall include a statement of the reasons cordings are released in video formats sent that a copy of the bill be included therefor in the Federal Register along with as well as in traditional audio only the regulation. Not later than March 1 of in the RECORD. form. When the video is broadcast on There being no objection, the bill was each year, the Administrator shall submit a report to Congress identifying those major television or cable, the composer of the ordered to be printed in the RECORD, as regulations promulgated during the previous music, the publisher of the music, the follows: calendar year for which complete certifi- producer of the video, and the per- S. 229 cation was not made, and summarizing the former of the work are all entitled to a Be it enacted by the Senate and House of Rep- reasons therefor. performance right royalty. However, resentatives of the United States of America in (d) OTHER REQUIREMENTS.—Nothing in this when only the audio recording is Congress assembled, section affects any other provision of Fed- eral law, or changes the factors that the Ad- played on the radio or delivered by SECTION 1. RISK ASSESSMENT AND COST-BENE- means of a satellite or other subscrip- FIT ANALYSIS. ministrator is authorized to consider in pro- mulgating a regulation pursuant to any stat- tion service, only the composer and (a) REQUIREMENT.—Except as provided in subsection (b), in promulgating any proposed ute, or shall delay any action required to publisher have performance rights that or final major regulation relating to human meet a deadline imposed by statute or a must be respected—even though the court. health or the environment, the Adminis- audio recording may be identical to the (e) JUDICIAL REVIEW.—Nothing in this sec- trator of the Environmental Protection video soundtrack. The producer’s and tion creates any right to judicial or adminis- Agency shall publish in the Federal Register trative review, nor creates any right or bene- performer’s interests are ignored. along with the regulation a clear and concise fit, substantive or procedural, enforceable at It should be initially noted, Mr. statement that— law or equity by a party against the United President, that this bill does not im- (1) describes and, to the extent practicable, States, its agencies or instrumentalities, its quantifies the risks to human health or the pose new financial burdens on broad- officers or employees, or any other person. If environment to be addressed by the regula- casters or on any other broad class of a major regulation is subject to judicial or tion (including, where applicable and prac- users who traditionally perform sound administrative review under any other provi- ticable, the human health risks to signifi- recordings. Those users will instead sion of law, the adequacy of the certification cant subpopulations who are disproportion- prepared pursuant to this section, and any continue to be subject only to those fi- ately exposed or particularly sensitive); alleged failure to comply with this section, nancial burdens that they voluntarily (2) compares the human health or environ- may not be used as grounds for affecting or undertake. The aim of this bill is sim- mental risks to be addressed by the regula- invalidating such major regulation, although tion to other risks chosen by the Adminis- ply to level the playing field by accord- the statements and information prepared trator, including— ing to sound recordings most of the pursuant to this section, including state- (A) at least three other risks regulated by same performance rights that all other ments contained in the certification, may be the Environmental Protection Agency or an- works capable of performance have considered as part of the record for judicial other Federal agency; and or administrative review conducted under long enjoyed. (B) at least three other risks that are not such other provision of law. As I noted last Congress, sound re- directly regulated by the Federal Govern- (f) DEFINITION OF MAJOR REGULATION.—For cordings are not the only source of ment; purposes of this section, ‘‘major regulation’’ music available to broadcasters, nor is (3) estimates— means a regulation that the Administrator (A) the costs to the United States Govern- music programming the only format. determines may have an effect on the econ- ment, State and local governments, and the Should those who may be granted new omy of $100,000,000 or more in any one year. private sector of implementing and comply- performance rights in the digital trans- (g) EFFECTIVE DATE.—This section shall ing with the regulation; and take effect 180 days after the date of enact- mission of sound recordings be so un- (B) the benefits of the regulation; ment of this Act.∑ wise as to unfairly and unrealistically including both quantifiable measures of charge for licensing their works or to costs and benefits, to the fullest extent that By Mr. HATCH (for himself and actually withhold their works from the they can be estimated, and qualitative meas- Mrs. FEINSTEIN): public, then the detriment will fall ures that are difficult to quantify; and S. 227. A bill to amend title 17, Unit- principally on the very copyright own- (4) contains a certification by the Adminis- trator that— ed States Code, to provide an exclusive ers that the law is designed to protect. (A) the analyses performed under para- right to perform sound recordings pub- But, in any event, the bill ensures that graphs (1) through (3) are based on the best licly by means of digital transmissions most digital transmissions of sound re- reasonably obtainable scientific information; and for other purposes; to the Commit- cordings will have the right to a li- (B) the regulation is likely to significantly tee on the Judiciary. cense, on terms to be negotiated, or if reduce the human health or environmental THE PERFORMANCE RIGHTS IN SOUND necessary, arbitrated. risks to be addressed; RECORDINGS ACT OF 1995 The basic issue raised by the Per- (C) there is no regulatory alternative that Mr. HATCH. formance Rights Act is not new, Mr. is allowed by the statute under which the ∑ regulation is promulgated and that would Mr. President, today, together with President. The importance of the per- achieve an equivalent reduction in risk in a my distinguished colleague from Cali- formance right issue was recognized more cost-effective manner, along with a fornia, Senator FEINSTEIN, I am intro- when the Copyright Act of 1976 was de- brief explanation of why other such regu- ducing the Performance Rights in bated by us, though it was not ulti- latory alternatives that were considered by Sound Recordings Act of 1995. mately addressed by that act. Congress the Administrator were found to be less cost- Despite that complicated title this did, however, request a study of the effective; and legislation is in fact a simple bill that issue to be made by the Copyright Of- (D) the regulation is likely to produce ben- amends the Copyright Act by giving fice, and that study, released in 1978, efits to human health or the environment that will justify the costs to the United those who create sound recordings the did conclude that a performance right States Government, State and local govern- basic copyright protections that cur- in sound recordings was warranted. ments, and the private sector of implement- rent law gives to all other creators. This was at a time, it should be noted, ing and complying with the regulation. Specifically, the bill provides that the when few could have anticipated the S 948 CONGRESSIONAL RECORD — SENATE January 13, 1995 widespread availability of digital tech- sound recording. There are no royalties tled to copyright on an equal basis nology and the possibility for flawless payable to the creators of the sound re- with all other works. copying that is now a reality. cording for the broadcast or other pub- Thus, the joint authors of sound re- A subsequent study of this issue was lic performance of the work. cordings—those who produce them and provided to the Subcommittee on Pat- If the technological status quo could those who perform on them—must be ents, Copyrights and Trademarks in be maintained, it might well be that seen as creators fully entitled to those October 1991, in response to a joint re- the current laws could be tolerated. rights of reproduction, distribution, ad- quest by Chairman DeConcini and Rep- But, we know that technological devel- aptation, and public performance that resentative Hughes, chairman of the opments such as satellite and digital all other authors enjoy. It is, I believe, House Subcommittee on Intellectual transmission of recordings make sound no longer possible to deny the true cre- Property. Their request was for an as- recordings vulnerable to exposure to a ative work of the producers of sound sessment of the effect of digital audio vast audience through the initial sale recordings. While few are so well technology on copyright holders and of only a potential handful of records. known as their stage and film counter- their works. Again, the Copyright Of- Since digital technology permits the parts, there are significant exceptions. fice concluded that sound recordings making of virtually flawless copies of In the field of operatic recording alone, should, for copyright purposes, be the original work transmitted, a poten- one could cite legendary figures such equated with other works protected by tial depression of sales is clearly as Walter Legge, Richard Mohr, or threatened, particularly when the copyright. From this premise flows the John Culshaw. As the ‘‘New Grove Dic- copyright owner cannot control public inevitable conclusion that the produc- tionary of Opera’’ states with reference performance of the work. And new ers and performers of sound recordings to the latter’s landmark Wagner re- technologies such as audio on demand are entitled to a public performance cordings of the 1950’s, ‘‘Mr. Culshaw’s and pay-per-listen will permit instant right, just as are all other authors of great achievement was to develop the works capable of performance. Thus, it access to music, thus negating even the need to make a copy. concept of opera recording as an art should not be surprising that the Copy- form distinct from live performance.’’ right Office recommended in 1991 that But, Mr. President, even if this eco- nomic argument were not persuasive, (Vol. I, p. 1026; Macmillan Press, 1992). Congress enact legislation recognizing The events referred to occurred over 30 the performance right. Senator FEIN- fairness and responsible copyright pol- years ago, yet American law still fails STEIN and I responded to that rec- icy nonetheless dictate the recognition fully to recognize the sound recording ommendation when, in the 103d Con- of the rights embodied in today’s bill. as an art form entitled to the full gress, we filed S. 1421, the Performance As the Copyright Office has noted: range of copyright protections enjoyed Rights in Sound Recordings Act of 1993. Even if the widespread dissemination by by live performances. In the months following introduction satellite and digital means does not depress Similarly, the unique creative input of S. 1421, a number of highly produc- sales of records, the authors and copyright owners of sound recordings are unfairly de- of the performing artist as a joint au- tive roundtable discussions were held, prived by existing law of their fair share of thor cannot be casually discounted as a along with full hearings by the House the market for performance of their works. proper subject of copyright protection. Subcommittee on Intellectual Prop- (Report on Copyright Implications of It has been said that the recording in- erty and the Administration of Justice. Digital Audio Transmission Services, In these forums, and in private discus- dustry was almost single-handedly Oct. 1991, pp. 156–157). launched by the public demand for one sions and negotiations, a remarkable Mr. President, the bill that Senator variety of viewpoints were aired. As a performer’s renditions of works largely FEINSTEIN and I are introducing today result of this exchange numerous addi- in the public domain. Indeed, Enrico is about fairness, plain and simple. Un- Caruso’s recordings from the early tions to the original text of S. 1421 less Congress is prepared to create a hi- have been incorporated in this year’s years of this century are almost all erarchy of artists based on a theory of still in print today. To take a more bill, in response to the legitimate con- rewarding some forms of creativity but cerns of interested parties, including, contemporary example, it could be not others, it must adopt a policy of noted that Willie Nelson authored a but not limited to, music publishers, nondiscrimination among artists. This composers and songwriters, musicians, country music standard when he com- should be true whether we are tempted posed ‘‘Crazy,’’ a song he has also re- broadcasters, cable operators, back- to discriminate among artists based on ground music suppliers, and performing corded. But, Patsy Cline made the song the content of their creations, based on a classic, by her inimitable perform- rights societies. the nature of the works created, or Principal among these changes is the ance of it. based on the medium in which the It should be carefully noted, Mr. decision to give the bill a more limited works are made available to the public. President, that today’s bill is, frankly, scope. Unlike S. 1421, today’s bill does For too long, American law has toler- compromise legislation. It does not not affect the interests of broadcasters, ated an irrational discrimination seek to create a full performance right as that industry has traditionally been against the creators of sound record- in sound recordings, a right that would understood. While strong arguments ings. Every other copyrighted work extend to the more common analog can be made in favor of attaching a that is capable of performance—includ- performance right to every perform- ing plays, operas, ballets, films, and mode of recording. Also, the digital ance of a sound recording, including pantomimes—is entitled to the per- right that the bill does create is lim- analog and digital broadcasts, it is also formance right. It is denied only for ited to subscription transmissions. true that long-established business sound recordings. Other public performances of digital practices within the music and broad- It is frankly difficult, Mr. President, recordings are still exempted from the casting industries represent a highly to understand the historical failure to public performance right that the bill complex system of interlocking rela- accord to the creators of sound record- would create. tionships which function effectively for ings the rights seen as fundamental to I believe that these major limita- the most part and should not be lightly other creators. I acknowledge that in tions on the rights that we seek to cre- upset. other nations some have advanced the ate today will limit as much as pos- Of equal importance is the fact that theory that copyright protection sible the dislocations and alterations of traditional broadcasting does not should not extend to sound recordings. prevailing contractual arrangements in present a threat to displace sales of This theory is based on the view that the music and broadcasting industries. sound recordings to the same extent the act of embodying a musical work I am sure I speak for Senator FEIN- that pay-per-listen, direct satellite, on a disc or tape is more an act of tech- STEIN as well when I say that we are and subscription services do. nical recordation than a creative enter- open to the consideration of additional Currently, sales of recordings in prise. But, this has not been the Amer- means of ensuring that this bill does record stores and other retail outlets ican view, nor the view of most nations not have unintended consequences for represent virtually the only avenue for with advanced copyright systems. other copyright owners, be they song- the recovery of the very substantial in- Since 1971, Congress has clearly recog- writers, music publishers, broad- vestment required to bring to life a nized sound recordings as works enti- casters, or others. January 13, 1995 CONGRESSIONAL RECORD — SENATE S 949 Mr. President, while today’s bill is passed, the Performance Rights in any of the other copyright rights under landmark legislation, it should also be Sound Recordings Act should make it existing law. noted that the bill only proposes to more likely that Americans who are Ditigal technology, and the indus- give the creators of sound recordings entitled to royalties from foreign per- tries built around its use to distribute something approaching the minimum formances will be able to recover those sound recordings, have evolved and ad- rights that more than 60 countries al- funds. Thus, the direct economic bene- vanced dramatically in the 17 months ready give their creators. In so doing, fits to be derived from the legislation since this legislation was first intro- the legislation should also have ex- are considerable. duced, Mr. President. The need to keep tremely beneficial consequences in the Before concluding, Mr. President, I America’s copyright law current, international sphere by strengthening would like to thank my colleague from therefore, has only become more acute. America’s bargaining position as it California, Senator FEINSTEIN, for join- Accordingly, I believe that this Con- continues to campaign for strong levels ing me again this year in introducing gress has not merely an opportunity, of protection for all forms of intellec- this important legislation and for but a responsibility, to build on the tual property and by allowing Amer- drawing our attention to the signifi- tremendous bipartisan strides made ican copyright owners to access foreign cant economic consequences involved.∑ last year by expeditiously considering, royalty pools that currently deny dis- ∑ Mrs. FEINSTEIN. Mr. President, I amending if need be, and passing the tributions of performance royalties to am joining my distinguished colleague, bill that Senator HATCH and I have in- American creators due to the lack of a the chairman of the Senate Judiciary troduced today. reciprocal right in the United States. Committee, Senator HATCH of Utah, to For those who have not reviewed this The absence of a performance right introduce once again the Digital Per- issue since the last Congress or are new undoubtedly, hindered the efforts of formance Rights in Sound Recordings to it, let me briefly review the prin- United States trade negotiators in ad- Act. Just as the version on which we cipal reasons to adopt this legislation: dressing matters such as the Uruguay collaborated last year did, this bill First, it is the fair thing to do. Own- round of the General Agreement on will—for the first time—provide re- ers of almost every type of copyrighted Tariffs and Trade [GATT] and will con- cording companies and musical artists work—movies, books, plays, maga- tinue to hinder the current efforts of with the same protection under copy- zines, advertising, and artwork, for ex- the World Intellectual Property Orga- ample—have the exclusive right to au- right law already enjoyed by song- nization to develop a new instrument thorize the public performance of their writers and composers with respect to to settle the rights of producers and copyrighted work. Sound recordings, the performance of digital sound re- performers of sound recordings. In each and the artists and companies that cordings. instance, U.S. negotiators have been make them, however, have no such per- Senator HATCH and I introduced simi- faced with the argument from our trad- formance right. lar language in the last Congress for ing partners that the United States Accordingly, when a song is played the express purpose of beginning in ear- cannot expect other countries to pro- over the radio, or, as is increasingly nest the debate over how to redress the vide increased protection when U.S. the case, over a new digital audio cable current imbalance in copyright law. law is itself inadequate. service, the artist who sings the song, I’m very pleased that, although time Furthermore, in many countries that the musicians and backup singers, and did not permit final congressional ac- do provide performance rights for the record company whose investment sound recordings, there is often a re- tion on the bill last year, virtually all made the recording possible have no fusal to share any collected royalties of the affected industries accepted our legal right to control or to receive with American artists and record com- invitation—and that extended by compensation for this public perform- panies for the public performance of former Congressman Hughes—to fully ance of their work. their recordings in those foreign coun- explore the complicated legal and com- The artists who made the music, and tries. This is based on the argument mercial issues presented by tech- the companies that underwrote its pro- that these rights should be recognized nology’s inevitable advance. duction and promotion, don’t see a only on a reciprocal basis. For as long Mr. Hughes, then chair of the House’s dime of the revenue realized by the as foreign artists receive no royalties Subcommittee on Intellectual Prop- ditigal transmitter. And, without a for the public performance of their erty and Judicial Administration, or- right of public performance for sound works in the United States, American ganized two highly effective recordings by means of digital trans- artists will continue to receive no roy- roundtables that brought cable, broad- missions, they will not. That is just alties for the performance of American cast, satellite, restaurant, and music not fair, and this inequity will not be works in those foreign countries that industry leaders together with other corrected unless and until this legisla- insist on reciprocity. copyright holder and labor organiza- tion is passed. The royalty pools we are talking tions. I also met at great length with Second, the advent of digital tech- about here, Mr. President, are, in fact, many of those principals last February, nology and the emergence of a whole considerable. The Recording Industry as did Chairman HATCH and his staff on new industry to distribute them di- Association of America has estimated many, many occasions. These efforts, I rectly to the home make prompt pro- that in 1992 American recording artists am pleased to say, produced a sweeping tection of artists and record companies and musicians were excluded from roy- agreement on most major aspects of critical. alty pools that distributed performance this issue last May. Let me explain why. Ordinary, or royalties in excess of $120 million. It is That agreement provided the frame- analog, radio signals are waves and, as likely that this figure has increased in work for the bill we have introduced such, they vary in strength and break recent years and will continue to grow. today. This legislation creates a digital down over distance. That breakdown The insistance of certain foreign na- public performance right in sound re- greatly diminishes sound quality. tions on reciprocity of rights as a con- cordings that is applicable to trans- In the past, therefore, the sale of dition to the receipt of performance missions for which subscribers are comparatively high-quality recordings royalties is inconsistent with the fun- charged a fee. Most of these trans- on cassette tapes and record albums damental obligation of those nations to missions are subject to statutory li- was not jeopardized by the casual home provide national treatment under the censing, at rates to be negotiated, or if recording of music played over the Berne Convention on the Protection of necessary, arbitrated. However, inter- radio. The quality of home recording Literacy and Artistic Property or active services remain subject to an ex- over-the-air simply did not compare under the Rome Convention for the clusive right, in keeping with the bill with what a record or tape sounded Protection of Performers, Producers of as originally introduced last Congress. like over a home stereo system. Phonograms, and Broadcasting Organi- The bill contains protections for li- Today, however, the same technology zations. It is nonetheless an economic censing of copyrighted works in verti- that has given us compact discs now al- fact of life that seriously disadvantages cally integrated companies and con- lows perfect reproductions of music to American producers and performers tains language to make clear that the be digitized—turned into computer and therefore must be dealt with. If new performance right does not impair ones and zeros—that can be sent by S 950 CONGRESSIONAL RECORD — SENATE January 13, 1995 satellite or over cable TV wires around such reform created by the advent of KENNEDY, Mr. GRAMM, and Mr. the globe, and reassembled into concert digital audio technology. Indeed, the HATFIELD): hall quality music in our homes. Pre- Copyright Office testified before the S. 230. A bill to prohibit United dictably, and quite legally, this quan- House Judiciary Subcommittee on In- States assistance to countries that pro- tum leap in sound technology has had tellectual Property and Judicial Ad- hibit or restrict the transport or deliv- a revolutionary impact on the way ministration in the last Congress, ur- ery of United States humanitarian as- that music is marketed. gently calling for enactment of such sistance; to the Committee on Foreign New subscription digital audio serv- legislation. Relations. ices have sprung up in cities, towns, In addition, the administration’s HUMANITARIAN AID CORRIDOR ACT and rural communities across the working group on intellectual property Mr. DOLE. Mr. President, I rise to country. For a modest monthly fee, rights of the information infrastruc- speak briefly today to reintroduce the they deliver multiple channels of CD- ture task force, in its preliminary draft Humanitarian Aid Corridor Act. I am quality music to customers in their report, recently wrote: joined again by the distinguished Sen- homes—primarily through subscribers’ ** * the lack of a public performance right ator from Illinois, Senator SIMON, in cable TV wiring. in sound recordings under U.S. law is an his- addition to the following cosponsors: Other companies are experimenting torical anomaly that does not have a strong Senator MCCAIN, Senator D’AMATO, with similar services to be provided policy justification—and certainly not a Senator KENNEDY, and Senator GRAMM. through home computers, or more so- legal one. In my view, our legislation will further phisticated systems that will permit The report also reiterated the admin- an important American foreign policy the customer at home to custom-order istration’s support for the bill that objective: to facilitate the prompt de- whatever music he or she would like to Senator HATCH and I introduced in the livery of humanitarian aid. This would hear and record. Although it is ex- 103d Congress and for H.R. 2575, its be achieved by establishing the prin- tremely time-consuming to download a House counterpart introduced by Rep- ciple that if a government obstructs CD today, soon compression tech- resentatives William Hughes and HOW- humanitarian aid to other countries, it nology and high-speed transmission ARD BERMAN. should not receive U.S. assistance. It will permit virtual instantaneous ac- It is time to heed these expert calls. seems to me that this is a principle cess. All one will need is a modem. Fourth, taking the experts’ advice that could be readily accepted by ev- As the market is now configured, also will help U.S. trade negotiators eryone. Very simply, our legislation however, these companies need merely obtain greater protection for American would prohibit U.S. foreign assistance go to a local record store, buy a single copyright holders overseas than they copy of a compact disc which they can to countries which prohibit or impede are now able to demand. the delivery or transport of U.S. hu- then transmit for a fee to tens of thou- More than 60 countries around the sands, potentially millions, of subscrib- manitarian assistance to other coun- world extend similar rights to produc- tries. It makes a lot of sense to me. ers. Because our copyright law is be- ers and their artists, and have for hind the technological times, record The intended effect of this legislation many years. American negotiators’ ef- is to ensure the efficient and timely de- companies and recording artists do not forts to obtain protection for our own see a penny of compensation from even livery of U.S. humanitarian assistance companies and artists have been ham- one of those thousands of perform- to people in need. It will help deter in- pered, as they have said repeatedly,by ances. terference with humanitarian relief, as our inability to reciprocate. It is long It is thus no exaggeration to say, well as provide for the appropriate re- past time to provide our trade rep- that, without the change in copyright sponse in the event of interference or resentatives with this valuable bar- law proposed today, these wonderful obstructionism. gaining chip. new services have the potential to put Mr. President, our legislation would Finally, Mr. President, I want to re- the current recording industry out of be universally applicable—the Humani- iterate that the legislation we are in- business. Why travel to a store to buy tarian Aid Corridor Act does not single troducing today is no different in in- a record, tape, or compact disc when out any one country. It would apply to you can get the same, or custom-tai- tent than S. 1421, although the content all relief situations. Currently, how- lored musical packages, in your living is somewhat different. We have at- ever, there is one country that would room at the touch of a button? tempted to continue the work of the clearly be affected. Turkey continues Frankly, that would be a tolerable last Congress. Furthermore, we are in- to receive large amounts of assistance evolution of the marketplace if artists troducing this legislation in the same in the form of grants and concessional and record companies were com- spirit with which last year’s bill was loans financed by the American tax- pensated for the use of their sound re- submitted. Chairman HATCH and I want payer while at the same time, it is en- cordings by the new digital trans- to continue to work closely with all forcing an immoral blockade of Arme- mission services and on-line and inter- the affected industries to make this as nia. As a result, outside relief supplies active services. Right now, however, strong and properly tailored a piece of must travel circuitous routes, thereby because of skewed copyright law, that legislation as possible. greatly increasing the cost of delivery. is not the way the market works. We are standing at the cusp of an ex- Moreover, many supplies never make it Neither Senator HATCH nor I suggest citing digital age. Technological ad- at all. This same blockade prevents that digital audio services should not vances, however, must not come at the care packages from the American Red be able to operate just as they do now expense of American creators of intel- Cross from entering Armenia, as an ex- to bring top-quality digital signals to lectual property. This country’s art- ample. American homes. Our bill does insist, ists, musicians, and businesses that In sum, United States aid to Armenia however, that such services not be able bring them to us are truly among our is far less effective and much more ex- to take advantage of a redressable gap greatest cultural assets. This bill rec- pensive because of Turkey’s blockade. in our copyright laws to avoid com- ognizes the important contribution More importantly, Armenians freeze pensating record companies and artists that they make and provides protec- and go Hungry as a result of actions fairly. tion for their creative works, both at taken by the Turkish Government. The Third, copyright experts have con- home and abroad. delivery of humanitarian assistance to sistently urged Congress to create a I am once again very pleased to be aid those in need, like the Armenians— right of public performance in sound working with Senator HATCH to correct is consistent with the fundamental val- recordings. an increasingly dangerous and inappro- ues of our Nation. This legislation will The U.S. Copyright Office has rec- priate imbalance in our Nation’s copy- strengthen our ability to deliver such ommended since 1978 that a perform- right laws.∑ assistance which is an important com- ance right in sound recordings be ponent of our foreign policy. granted in all public performances, not By Mr. DOLE (for himself, Mr. Let me repeat, this bill does not just digital transmissions, and recently SIMON, Mr. HELMS, Mr. ROBB, name names. The legislation could reiterated the urgency of the need for Mr. MCCAIN, Mr. D’AMATO, Mr. apply to many other relief operations. January 13, 1995 CONGRESSIONAL RECORD — SENATE S 951 Indeed the United States conducts re- (4) Recipients of United States assistance up with this idea and we joined forces lief operations around the world, oper- should not hinder or delay the transport or to put this resolution together. In addi- delivery of United States humanitarian as- ations that depend on the cooperation tion, Senators DOLE, THURMOND, CRAIG, sistance to other countries. of other countries. I recognize that SMITH, MCCAIN, MACK, LOTT, NICKLES, SEC. 3. LIMITATION ON ASSISTANCE TO COUN- Turkey has been a valuable ally in TRIES THAT RESTRICT THE TRANS- HUTCHISON, INHOFE, SANTORUM, FEIN- Nato and recently in Operation Desert PORT OR DELIVERY OF UNITED STEIN, COCHRAN, KYL, SIMPSON, COATS, Storm. STATES HUMANITARIAN ASSIST- and HEFLIN have jointed Senator WAR- ANCE. Mr. President, this legislation recog- NER and I as cosponsors of this joint nizes that there may be a compelling (a) PROHIBITION ON ASSISTANCE.—Notwith- standing any other provision of law, funds resolution. U.S. National Security interest which appropriated or otherwise made available for The joint resolution Senator WARNER would override the principle of United States assistance may not be made and I are introducing today will direct noninterference with Humanitarian available for any country whose government that the aircraft carrier approved and aid. For this reason, U.S. foreign aid to prohibits or otherwise restricts, directly or funded by the last Congress, known nations in violation of this act may be indirectly, the transport or delivery of Unit- heretofore as CVN–76, shall be named ed States humanitarian assistance. continued if the president determines the U.S.S. Ronald Reagan. I can think that such assistance is in the National (b) WAIVER.—The prohibition on United States assistance contained in subsection (a) of no better tribute to our Nation’s Security Interest of the United States. shall not apply if the President determines 40th President. Mr. President, it does not make sense and notifies Congress in writing that provid- In 1980, Ronald Wilson Reagan was to me to offer U.S. taxpayer dollars un- ing such assistance to a country is in the na- elected the 40th President of the Unit- conditionally to countries that hinder tional security interest of the United States. ed States of America. After campaign- our humantiarian relief efforts. In (c) RESUMPTION OF ASSISTANCE.—A suspen- ing on a platform dedicated to peace sion or termination of United States assist- light of budgetary constraints, it is im- through strength, President Reagan perative that U.S. relief efforts be ance for any country under subsection (a) shall cease to be effective when the Presi- initiated policies to rebuild and timely and efficient. The bottom line is dent certifies in writing to the Speaker of strengthen America’s military power. that countries that prevent the deliv- the House of Representatives and the Com- As a result of the so-called Reagan ery of such assistance, or intentionally mittee on Foreign Relations of the Senate build up, President Reagan was able to increase the cost of delivering such as- that such country is no longer prohibiting or negotiate the first true nuclear arms sistance, do not deserve unrestricted otherwise restricting, either directly or indi- reduction agreements, the INF Treaty American assistance. rectly, the transport or delivery of United States humanitarian assistance. and the START I accord, with the So- Mr. President, this legislation will be viet Union. referred to the Committee on Foreign SEC. 4. REPORT. President Reagan also enacted poli- Relations where I hope it will get rapid (a) IN GENERAL.—At the time of the annual budget submission to Congress, the Presi- cies to promote democracy and chal- and positive consideration and a good dent shall submit a report to Congress de- lenge Soviet-style communism around rapid hearing. Similar legislation will scribing any information available to the the world. In fact, the policy of chal- be introduced in the House. I hope that President concerning prohibitions or restric- lenging communism with democracy Congress will quickly enact this legis- tions, direct or indirect, on the transport or was given a name, it was called the lation and send it to the White House delivery of United States humanitarian as- Reagan doctrine. As a result of the for approval. sistance by the government of any country Reagan doctrine, freedom fighters in Mr. President, I ask unanimous con- receiving or eligible to receive United States nations such as Afghanistan and Nica- sent that the text of the bill be printed foreign assistance during the current or pre- ceding fiscal year. ragua were able to escape the grip of in the RECORD. (b) APPLICABILITY OF LAW.—The President Communist tyranny. We are just simply saying if a coun- shall include in the report required by sub- try blocks humanitarian aid, they do As Commander in Chief, President section (a) a statement as to whether the Reagan never forgot the men and not get any assistance. It seems to me prohibition in section 3(a) is being applied to that it is pretty hard to dispute that each country for which the President has in- women who volunteer to wear the uni- argument or come to any other conclu- formation available to him concerning prohi- form of the United States of America. sion, notwithstanding, as I said, the bitions or restrictions, direct or indirect, on Indeed, President Reagan’s policies and fact that Turkey has been an ally. the transport or delivery of United States actions restored the respect given to humanitarian assistance. I would hope that Turkish officials American military personnel around SEC. 5. DEFINITION. would take another look and make it the world. As used in this Act, the term ‘‘United President Reagan served his Nation easier for people in Armenia to receive States assistance’’ has the same meaning humanitarian assistance from the for 2 terms with unmatched style and given that term in section 481(e)(4) of the grace. After his first term in office, an United States. Foreign Assistance Act of 1961. There being no objection, the bill was appreciative nation reelected President ordered to be printed in the RECORD, as By Mr. KEMPTHORNE (for him- Reagan with a 49-State landslide. follows: self, Mr. WARNER, Mr. DOLE, Throughout his 8 years as President, no S. 230 Mr. CRAIG, Mr. MCCAIN, Mr. one served as a more dignified, nor Be it enacted by the Senate and House of Rep- MACK, Mr. SMITH, Mr. LOTT, Mr. proud, representative of the United resentatives of the United States of America in NICKLES, Mrs. HUTCHISON, Mr. States than Ronald Reagan. Congress assembled, THURMOND, Mr. INHOFE, Mr. I think it entirely appropriate that SECTION 1. SHORT TITLE. SANTORUM, Mr. HEFLIN, Mr. CVN–76 be named the U.S.S. Ronald This Act may be cited as the ‘‘Humani- SIMPSON, Mr. COATS, Mr. KYL, Reagan because of our 40th President’s tarian Aid Corridor Act’’. Mrs. FEINSTEIN, Mr. COCHRAN, steadfast commitment to a robust SEC. 2. FINDINGS. and Mr. ROBB): Navy, strong Armed Forces and a glob- The Congress makes the following findings: S.J. Res. 17. A joint resolution nam- al U.S. military presence. I believe that (1) The United States Federal budget defi- ing the CVN–76 aircraft carrier as the the sight of the U.S.S. Ronald Reagan cit and spending constraints require the U.S.S. Ronald Reagan; to the Commit- patroling the high seas to defend Amer- maximum efficiency in the usage of United States foreign assistance. tee on Armed Services. ica’s interest will serve as a fitting (2) The delivery of humanitarian assistance U.S.S. ‘‘RONALD REAGAN’’ AIRCRAFT CARRIER tribute to the man who reminded his to people in need is consistent with the fun- Mr. KEMPTHORNE. Mr. President, I fellow countrymen, and the world, that damental values of our Nation and is an im- introduce a joint resolution and ask America’s best days are yet to come. portant component of United States foreign that it be referred to the appropriate Mr. President, I hope my colleagues policy. committee. will take the time to look at the pro- (3) As a matter of principle and in further- The joint resolution I am introducing posed joint resolution and I look for- ance of fiscal prudence, the United States should seek to promote the delivery of hu- today was developed with the help and ward to bringing this joint resolution manitarian assistance to people in need in a guidance of the senior Senator from to the Senate floor. I would like to ask manner that is both timely and cost effec- Virginia, Senator JOHN W. WARNER. unanimous consent that Senator WAR- tive. Senator WARNER and I separately came NER’s letter to President Clinton, and S 952 CONGRESSIONAL RECORD — SENATE January 13, 1995 my letter to the Secretary of the Navy, The nucleus of that force remains CVN–76 will be our ninth Nimitz class the Honorable John Dalton, regarding today and, with some focused hard nuclear powered aircraft carrier. One is this proposal be entered into the work, we will continue to be the named the U.S.S. United States. The RECORD. I also want to once again world’s foremost military power. other seven currently in service or thank Senator JOHN WARNER for his Our preeminent military force did being built are named after people who much appreciated cooperation and as- not simply evolve, however. It was me- made great contributions to the Amer- sistance in this joint effort. thodically built utilizing foresight, ican military—either leading forces in There being no objection, the mate- dedication and a lot of hard work by a battle, serving as President during war rial was ordered to be printed in the lot of devoted people. One individual, or working during times of peace to as- RECORD, as follows: however, stands above all others as the sure the continued strength of the U.S. SENATE, principal architect and master builder American military and the security of Washington, DC, November 16, 1993. of our strong military, and that indi- the United States. The Theodore Roo- Hon. JOHN DALTON, vidual is Ronald Reagan. sevelt, in particular, honors a President Secretary of the Navy, Department of the Navy, President Reagan often quoted who built the Great White Fleet and Washington, DC. George Washington’s maxim that ‘‘To sailed it around the world to proclaim DEAR SECRETARY DALTON: As you know, be prepared for war is one of the most America as a naval power and an the Fiscal Year 1994 Defense Appropriation effectual means of preserving the Act provided $1.2 billion to begin construc- peace.’’ Throughout his time in office emerging international economic tion of the next aircraft carrier (CVN–76). power. Once this ship is authorized, I assume con- he followed that maxim, provided us with a clear vision of what a powerful Ronald Reagan’s service to our Na- struction of this vessel will begin. tion merits his taking a rightful place I am writing to urge you to name CVN–76 American military should be and then in honor of former President Ronald Reagan. tirelessly worked to assure that the alongside those other great Americans I believe the ‘‘USS Ronald Reagan’’ would be force was built. His efforts guaranteed who have been honored by having Nim- a fitting tribute to the man who played a peace through strength. itz class aircraft carriers named after key role in winning the Cold War. Whatever President Reagan inherited a mili- them. Like Theodore Roosevelt, Presi- one’s political views, President Reagan’s tary that was not at the level of readi- dent Reagan built a military that an- commitment to ‘‘peace through strength’’ ness required of a superpower. Recall nounced to the world that the United and his dedication to the men and women in States is, once again, a great power. our armed forces cannot be denied. I am con- that when he was elected, 52 Americans fident that the American people and the Con- were being held hostage in Iran. The And like Roosevelt, George Washing- gress would strongly support this tribute to previous April, a military effort to res- ton, Abraham Lincoln, and Dwight Ei- our 40th president. cue those hostages had ended in trag- senhower, Ronald Reagan is a great I hope we can discuss the name of CVN–76 edy and failure at a place called Desert leader whose vision and guidance have sometime in the future. I look forward to 1. The Iranian hostage situation and taken us, as a nation, to new heights of hearing from you. the debacle at Desert 1 reflected a strength and respect among the other Sincerely, country whose respect within the world nations of the world. DIRK KEMPTHORNE, U.S. Senator. community had eroded and a military The primary mission of CVN–76 will whose members were undertrained, less be to deter aggression against our Na- U.S. SENATE, than adequately equipped when com- tion’s security interests and those of December 9, 1994. pared to their potential adversaries, our allies. As such, it should bear a The PRESIDENT, and generally dispirited. name which reflects audacity and deci- The White House, Ronald Reagan pulled America out of siveness as well as the respect which Washington, DC. that dilemma. On August 20, 1981, the we trust our allies and potential adver- DEAR MR. PRESIDENT: Yesterday the De- old ex-horse cavalryman, as he often partment of the Navy finalized the principle saries alike will hold for it and the Na- referred to himself, set the tone for his tion it represents. I can think of no contract for constructing America’s newest 8 years in office when he made the fol- nuclear aircraft carrier, CVN76. name for this vessel which would be lowing statement to the crew of the Several ships of this class proudly bear the more appropriate than that of the indi- aircraft carrier, the U.S.S. Constella- names of our Nation’s former Presidents. vidual who designed, built, and led the tion: As you will soon be selecting a name for world’s most potent military force in the ship, I respectfully urge you to consider I know there’ve been times when the mili- designating it ‘‘USS Ronald Reagan.’’ tary has been taken for granted. It won’t the 1980’s: Ronald Reagan. The first mission of these carriers is to happen under this administration * * *. Pro- Mr. President, I believe my col- deter aggression against our Nation’s secu- viding security for the United States is the leagues will agree that naming CVN–76, rity interest and that of our allies. greatest challenge and a greater challenge a ship that will assure peace through President Reagan was the principle archi- than ever, but we’ll meet that challenge strength, the U.S.S. Ronald Reagan will tect of America’s defense and foreign policy * * *. Let friend and foe alike know that be both an enhancement of Navy tradi- during the period which not only deterred America has the muscle to back up its words tions and a fitting tribute to a most de- aggression from communist adversaries, but * * *. also laid the foundation for the decline and serving former Commander in Chief. I During Ronald Reagan’s tenure in of- strongly urge adoption of this joint ultimate demise of European communist Na- fice, he held true to that statement. resolution. tions. His vision led to the creation of the The ‘‘USS Ronald Reagan,’’ as she sails the Mr. HEFLIN. Mr. President, I rise most technologically superior military seven seas to deter future aggression, will today to endorse this proposal to name serve as a symbol of America’s role, together in the world. Moreover, increased pay and benefits for our people in uniform, the next aircraft carrier, CVN–76, the with other nations of the free world in suc- U.S.S. Ronald Reagan. I believe this cessfully defeating communism. something that President Reagan so With kind regards, I am strongly advocated and relentlessly would be a fitting tribute to a great Respectfully, pushed for, resulted in the recruitment man and a great President. JOHN WARNER. and retention of the highest quality Ronald Reagan was elected the 40th Mr. WARNER. Mr. President, as an people who have ever served in the President of the United States on No- original cosponsor, I rise today to ex- military. Perhaps even more signifi- vember 4, 1980. Central to President press my full support for the joint reso- cantly, President Reagan’s strong lead- Reagan’s agenda was the defeat of com- lution introduced by Senator ership as the Commander in Chief in- munism and the rebirth of America as KEMPTHORNE which would name the stilled in the American people, and in a ‘‘beacon of hope for those who do not Navy’s newest aircraft carrier, CVN–76, the world community, a renewed high have freedom.’’ He therefore made the the U.S.S. Ronald Reagan. level of respect for our Armed Forces buildup of the Nation’s Armed Forces, Throughout the 1980’s and into the while at the same time restoring the which began under President Carter, early 1990’s, the United States boasted confidence of our military people, mak- his No. 1 budget priority. the strongest military in the world— ing them believe that they are mem- Two defensive weapon systems, in unmatched in the quality of its people, bers of an honorable profession, per- particular, have become synonymous weapons, munitions, and equipment. forming a vital service to their Nation. with the Reagan administration. First January 13, 1995 CONGRESSIONAL RECORD — SENATE S 953 and foremost is the strategic defense Wyoming [Mr. THOMAS] were added as tion; which was referred to the Com- initiative, which the President an- cosponsors of S. 16, a bill to establish a mittee on Rules and Administration: nounced in his historic 1983 address to commission to review the dispute set- S. RES. 53 the Nation. It was the work of sci- tlement reports of the World Trade Or- Resolved, That, in carrying out its powers, entists and engineers in Huntsville and ganization, and for other purposes. duties, and functions under the Standing California that convinced President S. 43 Rules of the Senate, in accordance with its Reagan to endorse research on missile At the request of Mr. FEINGOLD, the jurisdiction under rule XXV of such rules, in- defenses, and I am proud of the leader- name of the Senator from Vermont cluding holding hearings, reporting such hearings, and making investigations as au- ship role that Huntsville has continued [Mr. LEAHY] was added as a cosponsor to play in this regard. thorized by paragraphs 1 and 8 of rule XXVI of S. 43, a bill to phase out Federal of the Standing Rules of the Senate, the The second weapon system associated funding of the Tennessee Valley Au- Committee on Agriculture, Nutrition and with the Reagan administration was thority. Forestry is authorized from March 1, 1995, the MX missile. The intercontinental S. 45 through February 28, 1996, and March 1, 1996, ballistic missile was the cornerstone of At the request of Mr. FEINGOLD, the through February 28, 1997, in its discretion our ICBM modernization program and name of the Senator from Vermont (1) to make expenditures from the contin- it, together with SDI, can be credited gent fund of the Senate, (2) to employ per- [Mr. LEAHY] was added as a cosponsor sonnel, and (3) with the prior consent of the with convincing the Soviets to begin of S. 45, a bill to amend the Helium Act serious arms control talks. In fact, by Government department or agency con- to require the Secretary of the Interior cerned and the Committee on Rules and Ad- the end of the Reagan’s second term to sell Federal real and personal prop- ministration, to use on a reimbursable or the START talks has begun and we had erty held in connection with activities non-reimbursable basis the services of per- signed the Intermediate Nuclear Force carried out under the Helium Act, and sonnel of any such department or agency. [INF] Treaty which eliminated an en- for other purposes. SEC. 2. The expenses of the committee for tire class of nuclear missiles. It should the period March 1, 1995, through February S. 91 be noted that the INF Treaty led to the 28, 1996, under this resolution shall not ex- first actual reduction of nuclear mis- At the request of Mr. COVERDELL, the ceed $1,708,179, of which amount (1) not to ex- siles in history. names of the Senator from Kansas ceed $4000 may be expended for the procure- ment of the services of individual consult- In retrospect, many credit the [Mrs. KASSEBAUM], the Senator from Michigan [Mr. ABRAHAM], and the Sen- ants, or organizations thereof (as authorized Reagan arms buildup with the eventual by section 202(i) of the Legislative Reorga- bankruptcy and collapse of the Soviet ator from Texas [Mrs. HUTCHISON] were added as cosponsors of S. 91, a bill to nization Act of 1946, as amended), and (2) not Union. While I believe the main causes to exceed $4000 may be expended for the of the collapse were the inherent flaws delay enforcement of the National training of the professional staff of such of communism, the arms race certainly Voter Registration Act of 1993 until committee (under procedures specified by played a major role and the President such time as Congress appropriates section 202(j) of the Legislative Reorganiza- does deserve praise for his steadfast funds to implement such act. tion Act of 1946). S. 137 (b) For the period March 1, 1996, through commitment. February 28, 1997, expenses of the committee At the request of Mr. BRADLEY, the In his own words, Ronald Reagan’s under this resolution shall not exceed hope was to ‘‘go down in history as the name of the Senator from Delaware $1,746,459, of which amount (1) not to exceed President who made Americans believe [Mr. BIDEN] was added as a cosponsor of $4000 may be expended for the procurement in themselves again.’’ He was success- S. 137, a bill to create a legislative of the services of individual consultants, or ful. He reminded us of our glorious item veto by requiring separate enroll- organizations thereof (as authorized by sec- past, that we were in a nation founded ment of items in appropriations bills tion 202(i) of the Legislative Reorganization on the principles of freedom and de- and tax expenditure provisions in reve- Act of 1946, as amended), and (2) not to ex- nue bills. ceed $4000 may be expended for the training mocracy. He took world leadership on of the professional staff of such committee S. 164 the issues of the day and reassured us (under procedures specified by section 202(j) we were still the greatest nation on At the request of Mr. BRADLEY, the of the Legislative Reorganization Act of earth. Finally, through his philosophy name of the Senator from Mississippi 1946). of peace through strength, he held the [Mr. LOTT] was added as a cosponsor of SEC. 3. The committee shall report its find- forces of communism at bay and set S. 164, a bill to require States to con- ings, together with such recommendations the ground work for their eventual de- sider adopting mandatory, comprehen- for legislation as it deems advisable, to the feat, giving us new hope in the future. sive, statewide one-call notification Senate at the earliest practicable date, but not later than February 28, 1996, and Feb- Mr. President, aircraft carriers are systems to protect natural gas and haz- ruary 28, 1997, respectively. the pride of the U.S. Navy and are ardous liquid pipelines and all other SEC. 4. Expenses of the committee under floating symbols of our national underground facilities from being dam- this resolution shall be paid from the contin- strength and conviction. Five times be- aged by excavations, and for other pur- gent fund of the Senate upon vouchers ap- fore we have named an aircraft carrier poses. proved by the chairman of the committee, after a President, with the last being SENATE RESOLUTION 31 except that vouchers shall not be required (1) for the disbursement of salaries of employees the U.S.S. John F. Kennedy. Ronald At the request of Mrs. BOXER, the Reagan also deserves this honor. I, paid at an annual rate, or (2) for the pay- name of the Senator from California ment of telecommunications provided by the therefore, encourage my colleagues to [Mrs. FEINSTEIN] was added as a co- Office of the Sergeant at Arms and Door- join me in supporting this tribute to sponsor of Senate Resolution 31, a reso- keeper, , or (3) for the President Reagan. lution to express the sense of the Sen- payment of stationery supplies purchased f ate that the Attorney General should through the Keeper of the Stationery, United act immediately to protect reproduc- States Senate, or (4) for payments to the ADDITIONAL COSPONSORS tive health care clinics. Postmaster, United States Senate, or (5) for the payment of metered charges on copying S. 4 f equipment provided by the Office of the Ser- At the request of Mr. MCCAIN, the geant at Arms and Doorkeeper, United name of the Senator from California SENATE RESOLUTION 53—ORIGI- States Senate, or (6) for the payment of Sen- [Mrs. FEINSTEIN] was added as a co- NAL RESOLUTION REPORTED AU- ate Recording and Photographic Services. sponsor of S. 4, a bill to grant the THORIZING EXPENDITURES BY SEC. 5. There are authorized such sums as power to the President to reduce budg- THE COMMITTEE ON AGRI- may be necessary for agency contributions et authority. CULTURE, NUTRITION, AND FOR- related to the compensation of employees of the committee from March 1, 1995, through S. 16 ESTRY February 28, 1996, and March 1, 1996, through At the request of Mr. DOLE, the Mr. LUGAR, from the Committee on February 28, 1997, to be paid from the Appro- names of the Senator from New York Agriculture, Nutrition, and Forestry, priations account for ‘‘Expenses of Inquiries [Mr. MOYNIHAN], and the Senator from reported the following original resolu- and Investigations.’’ S 954 CONGRESSIONAL RECORD — SENATE January 13, 1995 AMENDMENTS SUBMITTED SEC. 304. SPECIAL AUTHORITIES OF ADVISORY Much of the legislation written by COMMISSION. the Energy Committee reflects Jim (a) EXPERTS AND CONSULTANTS.—For pur- Fleming’s influence, including natural poses of carrying out this title, the Advisory THE UNFUNDED MANDATE Commission may procure temporary and gas policy, the Nation’s coal program, REFORM ACT OF 1995 intermittent services of experts or consult- the uranium enrichment program, and ants under section 3109(b) of title 5, United natural resource protection and utili- States Code. zation. DORGAN (AND OTHERS) (b) DETAIL OF STAFF OF FEDERAL AGEN- Mr. President, the future meetings of CIES.—Upon request of the Executive Direc- AMENDMENT NO. 18 the committee will not quite be the tor of the Advisory Commission, the head of same without Jim Fleming there to Mr. DORGAN (for himself, Mr. GRA- any Federal department or agency may de- offer his unique expertise. I fondly re- HAM, Mr. LEVIN, Mr. AKAKA, Mr. tail, on a reimbursable basis, any of the per- sonnel of that department or agency to the call that as past committee delibera- KEMPTHORNE, and Mr. BYRD) proposed tions would proceed with senatorial an amendment to the bill (S. 1) to curb Advisory Commission to assist it in carrying out this title. formality, Jim Fleming could be the practice of imposing unfunded Fed- (c) CONTRACT AUTHORITY.—The advisory counted on to listen with a poker face, eral mandates on States and local gov- Commission may, subject to appropriations, weigh all options, and then with a pro- ernments; to strengthen the partner- contract with and compensate government found wit and twinkle in his eye, offer ship between the Federal Government and private persons (including agencies) for a perspective that would be both illu- and State, local and tribal govern- property and services used to carry out its minating and constructive. duties under this title. ments; to end the imposition, in the Jim Fleming will be sorely missed. In absence of full consideration by Con- SEC. 305. AUTHORIZATION OF APPROPRIATIONS. the words of the former Speaker of the There are authorized to be appropriated to gress, of Federal mandates on State, House, the Honorable Thomas ‘‘Tip’’ local, and tribal governments without the Advisory Commission— O’Neill,—‘‘So long, old pal. So long.’’∑ adequate funding, in a manner that (1) to carry out section 301, $1,000,000 for may displace other essential govern- each of fiscal years 1995 and 1996; f (2) to carry out section 302, $5,000,000; and mental priorities; and to ensure that (3) to carry out section 303, $200,000 for ORDERS FOR TUESDAY, JANUARY the Federal Government pays the costs each of fiscal years 1995, 1996, 1997, 1998, and 17, 1995 incurred by those governments in com- 1999. plying with certain requirements under Mr. DOLE. Mr. President, I ask unan- imous consent that when the Senate Federal statutes and regulations; and KEMPTHORNE AMENDMENT NO. 19 for other purposes; as follows: completes its business today, it stand in recess until the hour of the 9:15 a.m, On page 39, strike out lines 4 through 11 Mr. KEMPTHORNE (for himself, Mr. and insert in lieu thereof the following: COCHRAN, and Mr. LEVIN) proposed an on Tuesday, January 17, 1995; that fol- amendment to the bill S. 1, supra; as lowing the prayer, the Journal of pro- SEC. 301. BASELINE STUDY OF COSTS AND BENE- FITS. follows: ceedings be deemed approved to date, (a) IN GENERAL.—Not later than 180 days On page 15, line 12 after ‘‘nesses’’ insert the the time for the two leaders be re- after the date of enactment of this Act, the following: ‘‘including a description of the ac- served for their use later in the day. Advisory Commission on Intergovernmental tions if any, taken by the Committee to I further ask consent that there be a Relations (hereafter in this title referred to avoid any adverse impact on the private sec- period for the transaction of routine as the ‘‘Advisory Commission’’), in consulta- tor or the competitive balance between the morning business not to extend beyond tion with the Director, shall begin a study to public sector and the private sector.’’ the hour of 9:30 a.m, with Senators per- examine the measurement and definition is- f mitted to speak for not more than 5 sues involved in calculating the total costs minutes each. and benefits to State, local, and tribal gov- ADDITIONAL STATEMENTS ernments of compliance with Federal law. I further ask that at 9:30 a.m. the (b) CONSIDERATIONS.—The study required (At the request of Mr. DASCHLE, the Senate resume consideration of S. 1, by this section shall consider— following statement was ordered to be the unfunded mandates bill. (1) the feasibility of measuring indirect printed in the RECORD at this point.) I finally ask that on Tuesday the costs and benefits as well as direct costs and f Senate stand in recess from 12:30 until benefits of the Federal, State, local, and 2:15 in order for the weekly party tribal relationship; and THE DEATH OF JAMES T. luncheons to meet. (2) how to measure both the direct and in- FLEMING direct benefits of Federal financial assist- The PRESIDING OFFICER. Without ance and tax benefits to State, local, and ∑ Mr. JOHNSTON. Mr. President, I rise objection, it is so ordered. tribal governments. today to express my deep sorrow at the f SEC. 302. REPORT ON UNFUNDED FEDERAL MAN- death of James T. Fleming, one of the DATES BY ADVISORY COMMISSION most talented and professional individ- PROGRAM ON INTERGOVERNMENTAL RELA- uals to ever work in the Congress, and Mr. DOLE. Mr. President, I just say TIONS. one of the finest gentlemen I have ever for the information of my colleagues (a) IN GENERAL.—The Advisory Commis- sion on Intergovernmental Relations shall in had the pleasure of knowing. that it could be that votes could occur accordance with this section— For the past 20 years, Jim Fleming before the 12:30 luncheons on Tuesday. On page 43, beginning with line 1, strike served as administrative assistant for Members should be alert that we will out all through line 17 on page 49 and insert the senior Senator from Kentucky, the start on S. 1 at 9:30. We will have in lieu thereof the following: Honorable WENDELL H. FORD. He also amendments, hopefully, at 9:30. We SEC. 303. MONITORING IMPLEMENTATION. served as counsel to Senator FORD on have had enough delay on this bill. We, (a) IN GENERAL.—The Advisory Commis- the vast array of legislative matters in effect, wasted yesterday and wasted sion shall monitor and evaluate the imple- under the jurisdiction of the Commit- today. We do have an interest in get- mentation of this Act, including by conduct- tee on Energy and Natural Resources. ting this legislation passed. It is very ing such hearings, and consulting with such It was in this capacity that the com- important. Federal, State, local, and tribal govern- ments, as the Advisory Commission consid- mittee members and staff came to I agree with the distinguished Sen- ers appropriate for obtaining information know Jim and to appreciate his wry ator from West Virginia, Senator and views about the purpose, implementa- sense of humor, his great personality, BYRD, there are a lot of questions tion, and results of this Act. his warmth, and his enormous exper- about the bill. Hopefully, we can start (b) BIENNIAL REPORT.—The Advisory Com- tise. the debate on the bill, start off with mission shall submit a report to the Presi- Jim’s contributions were invariably the amendments so that many of the dent and the Congress every 2 years which— grounded in good common sense, a questions that my colleague from West (1) presents the findings of the Advisory keen understanding of good govern- Virginia and other Senators may have Commission under subsection (a); and (2) presents recommendations for improv- ment, and a realistic point of view. He will be answered. ing the implementation of this Act, includ- was absolutely dedicated to working There are a number of very impor- ing regarding any need for amending this for the people of Kentucky and Senator tant amendments on each side of the Act. FORD’s agenda. aisle that are germane that should be January 13, 1995 CONGRESSIONAL RECORD — SENATE S 955 discussed, should be debated. We have I just ask my colleagues for their co- RECESS UNTIL TUESDAY, to start the process. operation. As leader, I do not want use- JANUARY 17, AT 9:15 A.M. I would suggest that probably, at less votes. Somebody misses a vote, we Mr. DOLE. Mr. President, if there is least on Wednesday and Thursday, if do not want those kind of votes. We no further business to come before the we do not complete the bill by Thurs- want meaningful votes on substantive Senate and no other Senator seeking day evening, we will probably be in issues and substantive amendments recognition, I now ask consent that the late, say, on Wednesday and maybe and we will try to proceed on that Senate stand in recess under the pre- Thursday of next week and probably basis. As long as we have the coopera- vious order. have a pretty good day on Friday un- tion of our colleagues we will continue There being no objection, the Senate, less we can complete action on the leg- that process. at 4:46 p.m., recessed until Tuesday, islation. January 17, 1995, at 9:15 a.m. January 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 91 EXTENSIONS OF REMARKS

IN RECOGNITION OF DR. MARTIN ment of young people, are living testaments to System, providing for improved interagency LUTHER KING, JR. DAY Dr. King's memory. cooperation and assistance in preservation ac- f tivities, and allowing for more direct acquisition of privately owned sites from willing sellers, HON. CHACOAN OUTLIERS PROTECTION my legislation will preserve these sites for fu- OF CALIFORNIA ACT OF 1995 ture generations and assure that the sites are IN THE HOUSE OF REPRESENTATIVES protected from further looting and degradation. Friday, January 13, 1995 HON. These precious archaeological sites are part OF NEW MEXICO of the cultural heritage of all Americans. They Ms. PELOSI. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES deserve immediate protection and preserva- commemorate the birthday of Dr. Martin Lu- Friday, January 13, 1995 tion. Once lost, cultural resources can never ther King, Jr. with two shining examples of his be restored or regained. legacy in San Francisco. One represents the Mr. RICHARDSON. Mr. Speaker, I am With the support of the entire New Mexico closing of an era; the other, the limitless possi- pleased to rise today to introduce the congressional delegation and the cooperation bilities with its opening. Chacoan Outliers Protection Act of 1995. This of the Committee on Resources, I look forward This month, San Francisco will bid a fond legislation, versions of which I also introduced to consideration of this legislation dur- farewell to Lulann Sapp McGriff, who is retir- in the 102d and 103d Congresses, would rec- ing the 104th Congress. ing after more than two decades of service to ognize the importance of further protection of The full text of the bill follows: the NAACP in the bay area. Lulann has been the Chaco Culture Archaeological Protection H.R.— a tireless champion of freedom and oppor- SiteÐthe single most important prehistoric cul- A bill to amend title V of Public Law 96–550, tunity for African-Americans and other people ture in the Western United States. Specifically, designating the Chaco Culture Archeo- of color in San Francisco and the entire West- my bill would expand the Chaco Culture Ar- logical Protection Sites, and for other ern United States for nearly two decades. She chaeological Protection Site System to include purposes. has held these positions within the NAACP an additional 5,519 acres, including eight Be it enacted by the Senate and House of Rep- during that time: Assistant western regional di- newly evaluated sites, and designate adminis- resentatives of the United States of America in rector; NAACP California State conference trative provisions that will improve interagency Congress assembled, sectional coordinator; State educational chair; cooperation and assistance in protecting these SECTION 1. SHORT TITLE. and an unprecedented four terms as San important sites. This Act may be cited as the ‘‘Chacoan Francisco NAACP branch president. Chaco Canyon, which is located in the San Outliers Protection Act of 1995’’. A social worker and educator, Lulann works Juan Basin in northwestern New Mexico, was SEC. 2. CONFORMING AMENDMENT. in the City College of San Francisco as a the center of the Anasazi civilization which Section 501(b) of Public Law 96–550 (16 counselor, and through her efforts has estab- flourished from 900 to 1300 and then dis- U.S.C. 410ii(b)) is amended by striking ‘‘San Juan Basin;’’ and inserting in lieu thereof, lished African-American male and female re- appeared, leaving behind spectacular archae- ‘‘San Juan Basin and surrounding areas;’’. tention programs for high school students in ological remains. These remains comprise the SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEO- the San Francisco Unified School District. She Chaco Culture Archaeological Protection Site, LOGICAL PROTECTION SITES. has been a powerful force in enforcing the which was designated a national monument in Subsection 502(b) of Public Law 96–550 (16 court orders which desegregated public 1907. U.S.C. 410ii–1(b)) is amended to read as fol- schools on the west coast. She has been, and After the establishment of the monument, lows: will continue to be, a shining model of civic outlying sites were found and the monument ‘‘(b)(1) Thirty-nine outlying sites as gen- and community service to our Nation. was expanded to include some of these new erally depicted on a map entitled ‘Chaco Cul- But while Lulann's tenure as San Francisco areas. Additional sites, or outliers, were found ture Archeological Protection Sites’, num- bered 310/80,033–B and dated September 1991, NAACP president comes to a close, San Fran- again and the area was renamed the Chaco are hereby designated as ‘Chaco Culture Ar- cisco witnesses the dawning of another era Culture National Historical Park with passage cheological Protection Sites’. The thirty- with the opening of the Thurgood Marshall of Public Law 96±550 in 1980. nine archeological protection sites totaling Academic High School. Mr. Speaker, I was Public Law 96±550 designated 33 outlying approximately 14,372 acres identified as fol- given the privilege of participating at the dedi- sites and provided for their protection and lows: cation of the school, where we were graced by management by the Bureau of Land Manage- the presence of Justice Marshall's family, in- ment, the Bureau of Indian Affairs, and the ‘‘Name: Acres cluding his widow, Cecilia. This school, lo- Navajo Nation. My legislation would delete two Allentown ...... 380 cated in the Bayview-Hunters Point district of sites from this list and add eight new sites Andrews Ranch ...... 950 Bee Burrow ...... 480 San Francisco, offers a rigorous and innova- which conservation groups, the BLM, and the Bisa’ani ...... 131 tive academic program targeted at low-in- Navajo Nation all agree are culturally and Casa del Rio ...... 40 come, minority students. archaeologically significant. Casamero ...... 160 The San Francisco Chronicle wrote, ``there One of the two deleted sites has been incor- Chimney Rock ...... 3,160 is a sense of enthusiasm and optimism among porated into the El Pais National Monument, Coolidge ...... 450 the students, many from poor neighborhoods and the other is owned and protected by the Dalton Pass ...... 135 who feel they are pioneers in a bold and inter- Ute Mountain Tribe which prefers to manage Dittert ...... 480 esting educational adventure.'' This school, by this site without additional designation. The Great Bend ...... 26 Greenlee Ruin ...... 60 stressing educational enrichment for all stu- additions are all publicly owned. One of them, Grey Hill Spring ...... 23 dents, does honor to the legacy of Thurgood the Morris 41 site, has been repeatedly looted Guadalupe ...... 115 Marshall. and will suffer irreparable damage without im- Halfway House ...... 40 Mr. Speaker, on Monday we will join in cele- mediate protection as an outlying site. Haystack ...... 565 brations throughout the country to honor the The Chacoan Outliers Protection Act would Hogback ...... 453 life and work of the great Dr. Martin Luther clarify the role of the National Park Service, Indian Creek ...... 100 King, Jr. We best honor his legacy, however, the BLM, and the Navajo Nation to ensure that Jaquez ...... 66 through deeds which seek to advance and up- these sites are managed responsibly, and add Kin Nizhoni ...... 726 Lake Valley ...... 30 lift the human spirit and create opportunity for language authorizing the acquisition of lands Manuelito-Atsee Nitsaa ...... 60 all Americans, regardless of race, color or for the purpose of completing the inclusion of Manuelito-Kin Hochoi ...... 116 creed. Lulann McGriff and the Thurgood Mar- the new outlying sites. Morris 41 ...... 85 shall Academic High School, through their By adding an additional 5,519 acres to the Muddy Water ...... 1,090 work on behalf of the education and advance- Chaco Culture Archaeological Protection Site Navajo Springs ...... 260

∑ 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 92 CONGRESSIONAL RECORD — Extensions of Remarks January 13, 1995

Newcomb ...... 50 offer some form of education, job training, or work force preparation system that is market Peach Springs ...... 1,046 employment assistance to youth and adults in driven, accountable, reinforces individuals re- Pierre’s Site ...... 440 the United States. A major focus of any reform sponsibility through attachment to employ- Raton Well ...... 23 effort undertaken by the Congress in this area ment, and provides customer choice and easy Salmon Ruin ...... 5 must be to eliminate unnecessary duplication access to services; and fifth, establishes a na- San Mateo ...... 61 and fragmentation in these systems, and at tional labor market information system that Sanostee ...... 1,565 Section 8 ...... 10 the same time, provide States and localities provides employers, job seekers, students, Skunk Springs/Crumbled House .. 533 with the flexibility needed to build on success- teachers, training providers, and others with Standing Rock ...... 348 ful existing programs and initiate change accurate and timely information on the local Toh-la-kai ...... 10 where appropriate. economy, on occupations in demand and the Twin Angeles ...... 40 Last year, a number of my colleagues and skill requirements for such occupations, and Upper Kin Klizhin ...... 60 I introduced the Consolidated and Reformed information on the performance of service pro- ‘‘(2) The map referred to in paragraph (1) Education, Employment, and Retraining Sys- viders in the local community. Finally, the shall be kept on file and available for public tems [CAREERS] Act, a multitiered job train- Work force Preparation and Development Act inspection in the appropriate offices of the ing reform effort that was designed to achieve calls for the repeal of existing work force prep- National Park Service, the office of the reform in four ways: By streamlining work aration and development programs, as appro- State Director of the Bureau of Land Man- force preparation programs at the Federal priate, upon enactment of reform legislation. agement located in Santa Fe, New Mexico, level through the consolidation of over 80 sep- Again, I want to stress how important it is the office of the Area Director of the Bureau of Indian Affairs located in Window Rock, arate job training programs into 7 block grant that we make sense of our current, confusing Arizona, and the offices of the Arizona and systems; providing flexibility needed by States array of Federal education and job training New Mexico State Historic Preservation Of- and local areas to further reform State and programs in this country. For the United ficers.’’. local systems; requiring the National Commis- States to survive competitively in the future, SEC. 4. ACQUISITIONS. sion for Employment Policy to study and make we must have the best work force preparation Section 504(c)(2) of Public Law 96–550 (16 recommendations for further reforms and con- system in the world. I think that the legislation U.S.C. 410ii–3(c)(2)) is amended to read as fol- solidation, where appropriate, in U.S. work we are introducing today sets us in the right lows: force preparation programs within 1 year of direction, and I look forward to continuing our ‘‘(2) The Secretary shall seek to use a com- the date of enactment; and by eliminating pro- work on such reforms. bination of land acquisition authority under this section and cooperative agreements grams that have been found to be ineffective, f (pursuant to section 505) to accomplish the or to have outlived their usefulness or original purposes of archeological resource protec- intent. Under our legislation, savings of $1.4 TRIBUTE TO ALBION COLLEGE tion at those sites described in section 502(b) billion per yearÐor $7 billion over 5 yearÐ BRITONS—NCAA DIVISION III NA- that remain in private ownership.’’. would have been achieved. TIONAL FOOTBALL CHAMPIONS SEC. 5. ASSISTANCE TO THE NAVAJO NATION. This Congress, while I continue to believe Section 506 of Public Law 96–550 (16 U.S.C. that last year's CAREERS Act represents a 410ii–5) is amended by adding the following comprehensive and realistic approach to re- HON. DAVE CAMP new subsection at the end thereof: form of the Nation's education and job training OF MICHIGAN ‘‘(f) The Secretary, acting through the Di- programs, I want to carefully consider all op- rector of the National Park Service, shall as- IN THE HOUSE OF REPRESENTATIVES tions that are available to us in the design of sist the Navajo Nation in the protection and Friday, January 13, 1995 management of those Chaco Culture Archeo- a national work force preparation system. I logical Protection Sites located on lands sincerely believe that we can go even further Mr. CAMP. Mr. Speaker, I rise today to rec- under the jurisdiction of the Navajo Nation with reform and with consolidation of work ognize the tremendous accomplishments of through a grant, contract, or cooperative force preparation programs than was provided the 1994 NCAA Division III National Football agreement entered into pursuant to the In- for in the CAREERS Act, and end up with a Champion Albion College Britons. Albion joins dian Self-Determination and Education Act more streamlined and efficient system of work the University of Nebraska and Penn State (Public Law 93–638), as amended, to assist force preparation. That is why I am joining University as the only college football teams in the Navajo Nation in site planning, resource protection, interpretation, resource manage- with Mr. MCKEON, all of the Republican mem- the country who completed their entire sea- ment actions, and such other purposes as bers of the Committee on Economic and Edu- sons with an undefeated record. As an alum- may be identified in such grant, contract, or cational Opportunities, and with Mr. KASICH, nus of Albion, I am proud of the team's cooperative agreement. This cooperative as- Mr. ZELIFF, Mr. BOEHNER, and Mr. MICA, today, achievement, but I take an even greater pride sistance shall include assistance with the de- in introduction of the Work force Preparation in knowing it was accomplished by athletes velopment of a Navajo facility to serve those and Development Act, which resolves that the who dedicate themselves to knowledge and who seek to appreciate the Chacoan Outlier Congress will carefully evaluate and subse- learning first, and athletics second. Sites.’’ quently enact legislation that significantly con- Albion's quest for the national championship f solidates and reforms all Federal career-relat- can be traced to a tragic event which occurred INTRODUCTION OF THE WORK ed education, job training, and employment before the season started. Two members of FORCE PREPARATION AND DE- assistance programs into a true system of the football team, Steve Gilbert and Kristov VELOPMENT ACT work force preparation and development prior Knoblock, were tragically killed in an auto- to the end of the 104th Congress. mobile accident. For the team the loss was HON. WILLIAM F. GOODLING Under our legislation, we pledge that the crushing and for the Albion football family it OF PENNSYLVANIA Congress will thoroughly evaluate the quality, was devastating. However, in their grief, the IN THE HOUSE OF REPRESENTATIVES effectiveness, and efficiency of U.S. work team found inspiration, never losing the force preparation programs. Subsequently, we thought of Steve and Kris. They gathered as Friday, January 13, 1995 pledge to enact legislation that: First, elimi- a family and dedicated themselves to one Mr. GOODLING. Mr. Speaker, the edu- nates duplication and fragmentation in Federal goalÐwinning a national championship. cation, literacy, and skills levels of the Amer- work force preparation programs through the Through a hard-fought season and a grueling ican work force are more important to U.S. consolidation and, where appropriate, elimi- playoff, the Brits achieved their goal and won competitiveness today than ever before, and nation of such programs; second, transfers their first national championship. yet this country's programs designed to pre- major decisionmaking to States and local com- Division III athletes play their sports for one pare its students and workers are seriously munities for the design, governance, and im- reason, the love of the game. They do not re- fragmented and duplicative. Because edu- plementation of comprehensive, integrated ceive athletic scholarships, often travel long cation and training programs have been devel- work force preparation systems; third, stresses distances by bus, and know a professional oped independently over many years, there is the vital role of the private sector, at all levels, athletic career does not await them when they no national strategy for a coherent work force in the design and implementation of a national are finished. The crowds are small, mostly preparation and development system. As ev- work force preparation system, and encour- made up of friends and family, and the injuries eryone knows, last Congress, the U.S. Gen- ages the utilization of State and local em- sustained are those suffered by athletes at eral Accounting Office [GAO] identified 154 ployer-led boards responsible for strategic larger universities. But the game is just as ex- different Federal programs, totaling $24 billion planning and program oversight of State and citing as those witnessed by crowds of over administered by 14 different agencies, which local systems; fourth, establishes a national 80,000. January 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 93 The NCAA recognizes Albion College as the SALUTE TO THE 1994 MAN, WOMAN, was occupied by an over 125-year-old Vic- 1994 Division III National Football Champions. YOUTH OF THE YEAR AND COM- torian mansion. In response to local resident's But, by attending classes, volunteering in the MUNITY SERVICE AWARD RE- opposition to public housing plans to tear community and graduating from school, the CIPIENTS down a historic building to make room for a team was and will remain champions in the 200-resident housing project, Ms. Sampson hearts and minds of the fans and alumni of HON. WILLIAM J. COYNE purchased this property and began a major, Albion College. Congratulations to Coach Pete OF PENNSYLVANIA multi-million restoration of the Victorian man- Schmidt, the players, and administrative staff IN THE HOUSE OF REPRESENTATIVES sion and the surrounding property. Today, this for a tremendous season and a job well done. Friday, January 13, 1995 property is the home of the Victoria Hall Cele- bration Center which attracts hundreds of visi- f Mr. COYNE. Mr. Speaker, I am pleased tors each month to the Bloomfield and Friend- today to pay tribute to outstanding individuals PHILADELPHIA TREASURE HEADS ship neighborhoods and provides many local and organizations in the city of Pittsburgh that FOR COOPERSTOWN residents with jobs. have recognized by The Observer, a local Joedda Sampson serves on the board of newspaper, for volunteer service to our com- the Calvary United Methodist Church, as well munity. HON. CURT WELDON On Saturday, January 14, 1995, The Ob- as the North Side Civic Development, the OF PENNSYLVANIA server will hold its annual ceremony to honor Community Design Center, National Victorian IN THE HOUSE OF REPRESENTATIVES the 1994 Man, Woman, and Youth of the Society, Allegheny West Civic Council and is president of the Allegheny West Merchants Friday, January 13, 1995 Year. In addition, five Pittsburgh residents and three local organizations will receive Awards Association. She is married to Ben Sampson Mr. WELDON of Pennsylvania. Mr. Speaker, for Outstanding Community Service. It is fitting and has one daughter and eight stepchildren. I rise today to pay special tribute to a Philadel- that the House should have this opportunity to The 1994 Youth of the Year is Amy phia legend who is headed for a new home. consider the contributions of these individuals Rectenwald, an 18-year-old resident of Bloom- For 18 glorious seasons, Mike Schmidt pa- and organizations to the quality of life in the field. Ms. Rectenwald has shown that hard trolled third base for the Philadelphia Phillies. city of Pittsburgh. work and personal commitment can be more He was a leader on the field and off. His The 1994 Man of the Year is James Foley, important than family income or an inner city achievements spoke volumes about a man a native of the Lawrenceville community in address. Ms. Rectenwald grew up in a large who worked hard, never quit, and gave gener- Pittsburgh. This committed local citizen is family where she received a privately funded ously of his time to the people of the Delaware known for his widespread involvement in the scholarship to Oakland Catholic High School. Valley. civic life of Lawrenceville. James Foley worked While in high school, she maintained an ``A'' On Monday, Mike Schmidt was elected to to address the real world needs of his fellow average even while helping to care for several the Hall of Fame. It comes as no surprise to Lawrenceville residents in the early 1980's younger nieces and nephews. She also found anyone who sat in the stands, watching his when local steel mills were closing, and up to time to work as a volunteer at West Penn mastery of glove and bat. Schmidt's accom- one-third of Lawrenceville's residents moved Hospital throughout her high school years plishments were recognized by Hall of Fame away to look for new employment. Mr. Foley without sacrificing her grades or her respon- voters, as he showed up on 96.5 percent of founded the Lawrenceville Business Associa- sibilities at home. the ballots. That is the fourth highest percent- tion in order to respond to changing economic Amy Rectenwald received a Simpson Foun- age in the history of Cooperstown. considerations in the Butler Street business dation Scholarship to the University of Pitts- Mike Schmidt's career was filled with tre- district where once prosperous businesses burgh where she is now a full-time first year mendous achievements. At the plate, he was were closing and the number of vacant build- student with a marketing major. While carrying a hitter who could hit for power and for an av- ings grew steadily. James Foley has served a full class load, she works part-time at the erage. He finished his career with 548 home with this association for 12 years and has University's Hillman Library and at St. Joseph- runs, placing him seventh on the all-time list. served as its president since 1994. Immaculate Conception Parish rectory. She He hit the most home runs of any third base- During this period, Mr. Foley has helped to also continues her volunteer service at West man in the history of baseball. His lifetime bat- develop a long-term business district rejuvena- Penn Hospital, tutors elementary school stu- ting average of .267 included his 1981 season tion plan that has seen 42 new businesses dents and helps out at her church bingo. Ms. in which he hit .316, pounded out 31 home open on Butler Street since 1990 and 55 Rectenwald's hard work, volunteer spirit and runs, and knocked in 91 runs. And that year, storefronts and building facades either re- dedication to learning provides ample reason he only played 102 games. Following the sea- stored or renovated in a manner that com- why she would be selected the 1994 Youth of son, he was selected for this second consecu- plements the area's historic architecture. One the Year. tive Most Valuable Player Award. In 1980, he special project to note has been the success- In addition to the Man, Woman and Youth of was also the World Series MVP, leading the ful effort in 1992 by James Foley and the the Year, The Observer made Awards for Out- Phillies to the championship by batting .381 Lawrenceville Business Association to return standing Community Service to several indi- and hitting two home runs. Christmas holiday lighting to the neighborhood viduals and organizations. Katherine T. But Mike Schmidt could do more than hit business district for the first time in 25 years. Barchetti was honored for her continuing ef- the ball. He was an outstanding fielder. His re- The 1994 Woman of the year is Joedda forts to promote Pittsburgh's Downtown busi- flexes were quick, his glove soft and sure, and Sampson, who is a 20-year resident of the ness district in her role as both a downtown his throw to first came with plenty of pace. Mexican War Streets/Allegheny West area of retailer, her service as chair of the Urban Re- During his career, he won 10 Gold Gloves for Pittsburgh. Joedda Sampson has worked with development Authority's Downtown Retail Pro- defensive excellence, more than any other Na- Allegheny City Restorations to restore seven motions Committee, and her many other ef- tional League third baseman. single-family homes, three multi-family struc- forts to serve the Pittsburgh community. The Mr. Speaker, perhaps the most revealing tures and two commercial buildings on the Highland Park Community Club and fact about Mike Schmidt is not his home run north side over the past 4 years. All of these Shadyside Action Coalition were recognized total, or the number of doubles he hit. Mike buildings are more than 100 years old and for their efforts to educate public officials and Schmidt is loved by the people of Philadel- were in conditions ranging from being burnt- local residents about the effect of continued phia. In fan balloting in 1983, Mike Schmidt out and abandoned to deteriorating and under concentration of group homes and special was selected as the greatest Phillie ever. code. population residential facilities in Pittsburgh's Now, 12 years later, the Hall of Fame voters Joedda Sampson has provided an outstand- East End neighborhoods and these groups confirmed what we in Philadelphia have al- ing example to our community of what a public were commended for the advocacy of a more ways known. Mike Schmidt was a great base- minded entrepreneur can accomplish when equitable distribution of such facilities through- ball player who brought joy to millions of peo- working with local residents and government. out the city and the county. Greg Kuban and ple. I know that the people of the Seventh In 1993, Joedda Sampson played a vital role Steve Novak were saluted for their work to es- Congressional District and throughout the in resolving a 2-year-old dispute between tablish the Lawrenceville Youth Football Club Delaware Valley join me in saluting his accom- Bloomfield and Friendship residents and local which provides an opportunity for over 150 plishments and congratulating him on his se- social service agencies over the future use of boys and girls between the ages of 7 and 11 lection to the Hall of Fame. 2.2 acres on South Winebiddle Street which years old to learn positive life lessons through E 94 CONGRESSIONAL RECORD — Extensions of Remarks January 13, 1995 team sports. Preservation Pittsburgh was rec- TRIBUTE TO MADISON A. BAILEY, be an inholding within the National Forest Sys- ognized for promoting the importance of pre- JR. tem, it merely means that this land becomes serving the architecture and unique land- part of the Santa Fe National Forest. The bill scapes that constitute the region's industrial HON. JACK REED does not require any unwilling landowner to and cultural legacy. Darren J. Ryan was hon- OF RHODE ISLAND sell their privately held property to the Federal Government. It merely makes it easier to pro- ored for his cofounding and serving as coordi- IN THE HOUSE OF REPRESENTATIVES nating director of Showhouse: War on AIDS, tect the land from future development if sellers an annual fundraising event, and his many Friday, January 13, 1995 are willing to sell it or arrange for a land trans- other services to local cultural endeavors and Mr. REED. Mr. Speaker, it gives me great fer. campaigns to address the needs of individuals pleasure to rise today on behalf of an out- Enactment of this legislation is critical to with AIDS. Finally, Anthony Sansonetti was standing Rhode Islander, Chief Madison A. maintaining the delicate balance between saluted for his years of service to the Bloom- Bailey, Jr., on the occasion of his retirement growth and natural resource preservation in field community as principal of Woolslair from the Portsmouth Rhode Island Police De- and around New Mexico's capital city. The School, board member of the Bloomfield Busi- partment. rapid growth of Santa Fe in recent years has ness Association, and his many contributions The people of Rhode Island have been well- led to overcrowding, increased pollution, ex- to efforts promoting business revitalization of served by his professionalism and devotion to plosive growth into the suburbs and other im- the Liberty Avenue business district in Bloom- duty. A native Rhode Islander, Chief Bailey pacts on the excellent quality of life in the field. graduated from Rogers High School in New- area. In fact, a poll last year by the Journal Mr. Speaker, this country has grown and port and enlisted in the Naval Reserve. Ap- North found that a majority of Santa Fe resi- prospered with the help of countless individ- pointed in 1967 to the Portsmouth Police De- dents believe their city is becoming a worse uals who have volunteered to serve others. partment, he is a graduate of the Pawtucket place to live. The No. 1 reason cited by poll These individuals often are the essential links Police Academy and the Rhode Island Munici- respondents was the city's rapid growth and enabling the success of public and private pal Police Academy. After receiving his bach- development. sector initiatives to enhance local commu- elor's degree from Salve Regina College in Adding to these concerns, controversies in nities. That is why I am so proud to join with 1973, he continued his police education by the past year about development of housing The Observer in saluting the 1994 Man, graduating from the FBI National Academy in and increased land use on Atalaya Mountain Woman and Youth of the Year and the recipi- 1974, and was promoted to deputy police have added to the urgency surrounding the ents of the Awards for Outstanding Commu- chief. In 1981, he was appointed police chief bill. Many Santa Feans and others concerned nity Service in the City of Pittsburgh. of the Portsmouth Police Department. about maintaining a proper balance between Chief Bailey served as president of the New housing and other development and the pres- f England Police Chiefs Association during ervation of open, urban space see this situa- 1991±92 and was president of the Rhode Is- tion as a symptom of a greater problem. I TRIBUTE TO LT. COL. HARRY land Police Chiefs Association the following share this concern. ‘‘MIKE’’ MURDOCK, USMC year. While serving on the Portsmouth Police As western land use policies become more Department, he was awarded the American and more controversial, we must ensure that Legion Medal of Heroism for saving a child's careful thought about where new homes and HON. RANDY ‘‘DUKE’’ CUNNINGHAM life. buildings are constructed is an essential part OF CALIFORNIA Mr. Speaker, on behalf of my home State of of land use management planning. The wilder- Rhode Island, I respectfully ask that my fellow ness belongs to everyone. It should be the re- IN THE HOUSE OF REPRESENTATIVES colleagues join me in saluting Chief Madison sponsibility of the Federal Government to pro- tect it from misuse and the harmful impacts of Friday, January 13, 1995 A. Bailey, Jr. on his many contributions to so- ciety and applauding his outstanding citizen- overdevelopment. The time has come for re- Mr. CUNNINGHAM. Mr. Speaker, I rise ship. sponsible land use planning that does not sac- today to pay tribute to Lt. Col. Harry ``Mike'' f rifice pristine wilderness in the name of ramp- Murdock, USMC, who gave his life this Tues- ant development. Such an egregious lack of day while trying to help his fellow marines. INTRODUCTION OF THE SANFA FE self-discipline is not only threatening to the California has been battered by a series of NATIONAL FOREST BOUNDARY natural beauty of northern New Mexico, but it storms over the last few weeks. I am sorry to ADJUSTMENT ACT OF 1995 says that we care more about reckless devel- report that these storms have claimed the life opment than the future health and sanctity of of Lieutenant Colonel Murdock, the com- HON. BILL RICHARDSON our precious natural resources. mander of the Combat Training Battalion at OF NEW MEXICO The Santa Fe National Forest Boundary Ad- Camp Pendleton. IN THE HOUSE OF REPRESENTATIVES justment Act simply moves a boundary to ac- Lieutenant Colonel Murdock drowned in the commodate more land in the national forest, San Onofre Creek, a normally gentle stream Friday, January 13, 1995 but it marks a significant turning point for the which was swollen by days of heavy rain. He Mr. RICHARDSON. Mr. Speaker, I rise citizens of Santa Fe and for everyone who was scouting for a safe location to cross the today to introduce the Santa Fe National For- supports responsible environmental policy. As creek, to help 78 stranded marines return to est Boundary Adjustment Act of 1995. This one of my constituents said last year in a the main part of Camp Pendleton. Tragically, legislation would modify the boundary of the guest commentary in Santa Fe's The New he was caught in the rapid current and lost his Santa Fe National Forest in my district to in- Mexican, this issue is a wake-up call. It is also footing. While the swift-water rescue team re- clude the entire area of the Atalaya Mountain. a statement about our values. Enactment of sponded immediately, they were unable to find The mountain, a pristine, beautiful landmark this legislation will mean that we value our en- Lieutenant Colonel Murdock. A helicopter was east of Santa Fe, is uniquely deserving of in- vironment and respect our citizenry. It will brought in from MCAS El Toro, but was forced clusion in the National Forest System. mean that we believe that responsible land out of the search by darkness and the weath- By expanding the boundary of the national use management should not rely on the expe- er. forest to include the entire area of Atalaya dient desires of growth for growth's sake and Mr. Speaker, I know my colleagues join me Mountain, this legislation will make it easier to indifference to natural resource protection. in saluting the valor and sacrifice of Lieutenant facilitate land transfers between willing sellers I look forward to working with my colleagues Colonel Murdock. His death was a tragic loss and the Government. Many landowners are in the House and the bipartisan leadership of for his family and for the Marine Corps, but I more willing to sell such land when they know the New Mexico congressional delegation to know they take some small comfort from the it will be protected as Federal land and will not secure passage of this legislation in the 104th fact that he gave his life in an attempt to help be developed at a profit by someone else who Congress. his fellow marines. His devotion to duty and may purchase the land at a later date. As na- The full text of the bill follows: comrades was typical of the marines. I know tional forest land, the acreage will be pro- H.R. Ð the sympathies and respect of my colleagues tected and the Government will be forbidden SECTION 1. SHORT TITLE. in the House goes out to Lieutenant Colonel from reselling it. This Act may be cited as the ‘‘Santa Fe Murdock's family and his comrades in the Ma- The bill does not automatically provide pro- National Forest Boundary Adjustment Act rine Corps. tection to the privately held land that will not of 1995’’. January 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 95 SEC. 2. BOUNDARY MODIFICATION. ant to this Act, shall be treated as if it were eted money on Federal mandates instead of The boundary of the Santa Fe National the boundary as of January 1, 1965. their priorities. Forest is hereby modified and expanded as SEC. 5. SAVINGS PROVISION. I must stress the idea behind H.R. 5 is not generally depicted on a map entitled ‘‘Santa Nothing in this Act shall affect the au- Fe National Forest Boundary Expansion to impede legislation, rather it is to force the thorities of the Secretary of Agriculture to Congress to seriously consider the impact of 1994’’, dated July 19, 1994. The map shall be acquire lands in New Mexico by purchase or on file and available for public inspection in exchange and, notwithstanding the Act of any new legislation before the legislation is the office of the Chief, Forest Service, Wash- June 15, 1926 (16 U.S.C. 471a), all such lands passed. It is a policy that the Congress must ington, DC. heretofore or hereafter acquired by the ex- adopt to stop giving lip service to the idea of SEC. 3. ATALAYA PEAK EXCHANGES. change of National Forest lands shall be true reform. (a) IN GENERAL.—The Secretary of the In- managed as a part of the National Forest This legislation will improve the legislative terior is authorized to exchange public lands System. process by requiring the Congressional Budg- and interests in lands managed by the Bu- SEC. 6. IMPLEMENTATION. et Office to study the impact on State, local reau of Land Management for private lands The procedures used in carrying out the governments, and the private sector of legisla- and interests therein depicted on the map land transfers by this Act shall be those pro- tion reported out of committee for action on referenced in section 2. cedures agreed to between the Secretary of (b) WITHDRAWAL.—Upon the acquisition of the Interior and the Secretary of Agri- the House floor. This legislation would also re- lands under subsection (a) by the Secretary culture. quire agencies, prior to the implementation of of the Interior, and subject to valid existing f any rule or any other major Federal action af- rights, such lands are hereby withdrawn fecting the economy, to perform an assess- from all forms of entry, appropriation, or UNFUNDED MANDATE REFORM ment of the economic impact of the proposed disposal under the public land laws; from lo- ACT OF 1995 rule or action and seek public comment on the cation, entry, and patent under the mining assessment. laws; and from disposition under all laws pertaining to mineral and geothermal leas- HON. WILLIAM F. GOODLING I believe this legislation has the key ingredi- ing. OF PENNSYLVANIA ents for passage. It sends the proper signal, SEC. 4. INTERCHANGE OF FEDERAL LANDS IN IN THE HOUSE OF REPRESENTATIVES an ideal good government mission which NEW MEXICO. Friday, January 13, 1995 makes the Congress more accountable for its (a) IDENTIFICATION OF LANDS.—In conjunc- actions by studying the impacts of legislation tion with the land exchange under section 3, Mr. GOODLING. Mr. Speaker, I have joined before it is passed. This legislation has biparti- the Secretary of Agriculture and the Sec- Congressman CLINGER in cosponsoring H.R. san support of Members in the House. I also retary of the Interior shall identify feder- 5, the Unfunded Mandate Reform Act of 1995. believe this bill would signal an end to closed ally-owned lands and interests in lands cur- This legislation is similar to legislation Con- door agency policy decisions which hurt many rently situated within the Santa Fe National gressman JIM MORAN and I introduced in the Forest which are suitable for transfer to and States, local governments, and the private administration by the Bureau of Land Man- 103d Congress. In 1993, the Fiscal Account- sector. agement. The identification of National For- ability and Intergovernmental Reform Act of I would like to commend House Government est lands available for such transfer shall 1993 [FAIR] was truly bipartisan legislation Reform and Oversight chairman, BILL utilize criteria which are mutually agreeable that would have made the U.S. Congress CLINGER, Congressman CONDIT, Congressman to both of the Secretaries. more accountable for its actions by curtailing PORTMAN and Congressman DAVIS for all their (b) LANDS ACQUIRED FOR THE BUREAU OF the passage of unfunded Federal mandates. efforts in putting this legislation together. I be- LAND MANAGEMENT.— H.R. 5 goes further toward making this institu- lieve this truly bipartisan legislation is long (1) TRANSFER BY SECRETARY OF AGRI- tion more accountable. CULTURE.—The Secretary of Agriculture overdue and will work to see this legislation shall transfer, to the Bureau of Land Man- The mandate madness of the past 20 years signed by the President. has caused States like Pennsylvania and local agement, those lands and interests in lands f identified pursuant to subsection (a). The governments like the city of York, the bor- transfer shall be effective upon publication oughs of Gettysburg, and Carlisle and town- WORKFORCE PREPARATION AND in the Federal Register of notice of such ships like Spingettsbury in Pennsylvania, in- DEVELOPMENT ACT transfer that identifies such lands and inter- creased headaches as they try to assess their ests. obligations based upon their incoming tax rev- (2) BOUNDARY MODIFICATION.—The boundary enues. Further, H.R. 5 would ease the burden HON. HOWARD P. ‘‘BUCK’’ McKEON of the Santa Fe National Forest shall be modified as of the date of notice under para- on the private sector by curtailing needless OF CALIFORNIA graph (1) to exclude such lands transferred to and excessive Federal agency redtape and IN THE HOUSE OF REPRESENTATIVES regulation. the Secretary of the Interior. Friday, January 13, 1995 (3) MANAGEMENT.—Lands transferred under The idea behind this legislation is simple, paragraph (1) shall be added to and adminis- the U.S. Congress must become more ac- Mr. MCKEON. Mr. Speaker, today I am join- tered by the Bureau of Land Management as countable for its actions which, in some cases, ing with my distinguished colleague from part of the public lands (as defined in section have an adverse effect on States, local gov- Pennsylvania, the new chairman of the Com- 103(e) of the Federal Land Policy and Man- ernments, and small businesses. For example, mittee on Economic and Educational Opportu- agement Act of 1976 (43 U.S.C. 1702(e))). as a member of the House Education and nities, Representative BILL GOODLING, with all (c) LANDS ACQUIRED FOR THE FOREST SERV- ICE.— Labor Committee, I consistently fought against other Republican members of our committee, (1) ADDITION TO SANTE FE NATIONAL FOR- legislation that would impose burdensome and with Mr. KASICH, Mr. ZELIFF, Mr. BOEHNER, EST.—Lands or interests in lands— mandates on States, local governments, and and Mr. MICA, in introduction of the Workforce (A) acquired by the Secretary of the Inte- small businesses. As chairman of the new Preparation and Development ActÐlegislation rior pursuant to section 3, or Committee on Economic and Educational Op- that establishes the reform of this Nation's (B) acquired by the Secretary of Agri- portunities, I will continue to do the same. vast array of job training programs as a high culture within the areas identified as ‘‘po- In years past, my committee had jurisdiction priority of the 104th Congress. Specifically, tential acquisition’’ on the map referenced in section 2, over legislation to remove lead paint from the this legislation pledges that the Congress will Nation's schools. I agreed with the sponsors carefully evaluate and subsequently enact leg- shall, upon acquisition, be added to and ad- ministered as part of the Santa Fe National that this is a high priority and that it should be islation that significantly consolidates and re- Forest in accordance with the laws relating done. However, the bill did not include provi- forms all Federal career-related education, job to the National Forests. sions to pay for this legislation. It was under- training, and employment assistance programs (2) MANAGEMENT PRESCRIPTION.—The Sec- stood that this legislation would be paid for into a true system of workforce preparation retary of Agriculture shall manage the lands through the appropriations process. I dis- and development prior to the end of the 104th and interests in lands referred to in para- agreed with this because I remember not too Congress. graph (1) primarily to preserve open space long ago that we proposed the same for as- As was brought to the attention of the U.S. and scenic values and to preclude develop- bestos removal and passed legislation provid- Congress in numerous reports issued by the ment. ing for asbestos removal, but did not pass the General Accounting Office over the past sev- (3) AVAILABILITY OF CERTAIN FUNDS.—For purposes of section 7(a)(1) of the Land and dollars with the legislation. This type of un- eral years, the United States currently has Water Conservation Fund Act of 1965 (16 funded mandate is one which handcuffs over 154 different Federal education and job U.S.C. 4601–9(a)(1)), the boundary of the States, local governments, and small busi- training programs, totaling $24 billion, adminis- Santa Fe National Forest, as modified pursu- nesses by forcing them to spend their budg- tered by 14 different Federal agencies, which E 96 CONGRESSIONAL RECORD — Extensions of Remarks January 13, 1995 offer some form of job training and/or employ- a seamless system for youth and adults to ability. Congress must listen to the people, not ment assistance for youth and adults. In addi- meet the competitive needs of our workforce. tell them what to do. tion to the excessive number of Federal pro- I believe that the Workforce Preparation and Our forefathers did not envision a govern- grams, the quality of U.S. training programs Development Act sets the stage for meaning- ment that controls and manipulates the peo- varies significantly. Last Congress, several im- ful reform, and I invite all of my colleagues to ple, but one that works for and with the peo- portant legislative initiatives were introduced join with us in this exciting reform process. ple. Shrinking the Federal Government and with the goal of consolidating Federal job f abolishing unfunded Federal mandates will training programsÐhowever with the advent of give back to the people what is rightfully the new Congress, we have determined to HONORING STATE SENATOR theirsÐfreedom. GWENDOLYNNE MOORE, 1995 WIS- take a step back, and to carefully examine all f programs before our committee's jurisdiction, CONSIN NOW FEMINIST OF THE particularly those programs offering some form YEAR A TRIBUTE TO ED MADIGAN of employment or training assistance, to deter- mine the best approach to be taken in devel- HON. GERALD D. KLECZKA SPEECH OF opment of a consolidated and reformed OF WISCONSIN workforce preparation system. IN THE HOUSE OF REPRESENTATIVES HON. CARDISS COLLINS The legislation we are introducing today, be- Friday, January 13, 1995 OF ILLINOIS gins a vital transformation processÐconsoli- dating and reforming the numerous Federal Mr. KLECZKA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES workforce preparation and development pro- recognize a Milwaukee woman I have certainly Wednesday, January 11, 1995 grown to admire and respect over the years, grams that currently exist in this countryÐfrom Mrs. COLLINS of Illinois. Mr. Speaker, I ap- a collection of fragmented and duplicative cat- State Senator Gwendolynne S. Moore. preciate the opportunity to participate in to- egorical programs into a streamlined, com- In 1992, Senator Moore became the first Af- day's special order in honor of our former col- prehensive, coherent, high-quality, cost-effec- rican-American woman elected to the Wiscon- league Ed Madigan, and I commend my col- tive, and accountable workforce preparation sin State Senate. Prior to her election to the league from Illinois, Congressman EWING, for and development system, designed to meet Senate, she served two successful terms in organizing this tribute. the education, employment and training needs the Wisconsin Assembly, representing a dis- I was very saddened to learn of Ed Mad- of the U.S. workforce both today and in the fu- trict on the north side of the city of Milwaukee. igan's death on December 7, 1994, and I join ture. Gwen Moore's deep commitment to her my colleagues in sending my condolences to Specifically, the Workforce Preparation and community began long before she won elec- his wife, daughters, and entire family. Development Act, states that prior to the end tive office, however. Active in housing issues, of the 104th Congress, all Federal workforce Gwen has worked for the city of Milwaukee as I was fortunate to have known and worked preparation and development programs will be a neighborhood development specialist and as with Ed Madigan for over two decades and I thoroughly evaluated to determine the quality, a housing officer for the State of Wisconsin can say quite assuredly that he will be missed effectiveness, and efficiency of such pro- Housing and Economic Development Authority by his many friends and colleagues here in grams. The legislation further pledges the en- [WHEDA]. She continued her fight for safe Washington, DC, and in his home State, Illi- actment of legislation by the end of the 104th and affordable housing as a State representa- nois. Throughout his 10 terms in the U.S. Congress that: First, eliminates duplication tive and a member of WHEDA's Board of Di- House of Representatives, Mr. Madigan was and fragmentation in Federal workforce prepa- rectors, where she was instrumental in the de- hard working, effective, and much respected. ration and development programs through the velopment of the ``Heart of Milwaukee,'' an He knew that working together with his col- consolidation and where appropriate elimi- award-winning campaign to increase home leagues on both sides of the aisle would allow nation of such programs; second, transfers ownership in my hometown. him to achieve the goals sought by he and his major decision-making to States and local Over the years, Senator Moore has been a constituents and he excelled at this approach communities for the design, governance, and tireless crusader for the rights of poor women to policymaking. As a result, he quickly earned implementation of comprehensive, integrated and children. And, as an elected official, she a reputation that he maintained throughout his workforce preparation systems; third, stresses has included money in the State budget for a career in Congress and as the U.S. Secretary the vital role of the private sector, at all levels, Milwaukee hospital which serves the unin- of Agriculture, a reputation for being an honest in the design and implementation of a national sured and she has authored drug abatement and skilled consensus builder who could get workforce preparation system, and encour- legislation. the job done. ages the utilization of State and local em- For all of the reasons given here and for the From Illinois Junior Chamber of Commerce ployer-led boards responsible for strategic many ways she has personally touched the 1965 ``Young Man of the Year,'' to member of planning and program oversight of State and lives of her constituents, and in light of her the Illinois House of Representatives, to chair- local systems; fourth, establishes a national seemingly endless potential to continue to be man of the House Republican Research Com- workforce preparation system thatÐis market a leader in Milwaukee, in Wisconsin, and on a mittee, to ranking member of the House Agri- driven and accountable, reinforces individual national level, I am pleased to congratulate culture Committee, to U.S. Secretary of Agri- responsibility through attachment to employ- State Senator Gwen Moore on being named culture, Mr. Madigan served his constituents in ment, and provides customer choice and easy the Wisconsin National Organization for east central Illinois and Americans across this access to services; and fifth, establishes a na- Women [NOW] 1995 Feminist of the Year. country well. He has left a solid legacy as a public servant that will be long remembered tional labor market information system that f provides employers, job seekers, students, and much missed. teachers, training providers, and others with UNFUNDED FEDERAL MANDATES f accurate and timely information on the local economy, on occupations in demand and the HON. RON PACKARD ABELARDO VALDEZ skill requirements for such occupations, and OF CALIFORNIA information on the performance of service pro- IN THE HOUSE OF REPRESENTATIVES viders in the local community. Finally, the HON. BILL RICHARDSON Friday, January 13, 1995 Workforce Preparation and Development Act OF NEW MEXICO calls for the repeal of existing workforce prep- Mr. PACKARD. Mr. Speaker, like a parasite IN THE HOUSE OF REPRESENTATIVES aration and development programs, as appro- feeding off of its host, unfunded mandates lin- priate, upon enactment of reform legislation. ger in the life of every American. The people Friday, January 13, 1995 The skills levels of this Nation's workforce are fed up. They want government out of their Mr. RICHARDSON. Mr. Speaker, I would are more important today than ever before to lives. Government exists to serve the needs of like to draw my colleagues attention to an U.S. competitiveness, however our current the people. The people do not serve the opinion piece that appeared in the Washington patchwork of Federal programs is not the an- needs of the government. Times on December 9, 1994. In his discus- swer. In my new role as chairman of the Sub- It is time to end this Federal oppression. sion, Ambassador Abelardo Valdez brings to committee on Postsecondary Education, Train- Congress takes the credit but sidesteps the light the importance of hemispheric free trade. ing and Lifelong Learning, I will have the op- costÐleaving State and local governments to The Ambassador rightly points out that NAFTA portunity to make changes in these Federal bear the burden of the beast. Limiting govern- was the first installment toward a united West- education and job training programs to create ment will tame this beast and restore account- ern Hemisphere. In fact, Ambassador Valdez January 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 97 has long been at the fore on matters of hemi- Eastern and Southern Asia combined. Al- In the course of his rise to prominence with spheric trade. I remember discussing a West- ready, 37 percent of U.S. exports go to West- the world's largest brewer, Henry Brown never ern hemisphere free trade area with Ambas- ern Hemisphere nations. The U.S. sells as forgot the importance of giving something much to Brazil as to China, more to Ven- sador Valdez 15 years ago. In matters of trade ezuela than to Russia, and more to Ecuador back to the community which nurtured and in the Western Hemisphere, Ambassador than Hungary and Poland combined. Our ex- sustained him through the years. Despite the Valdez is nothing short of visionary. I urge my ports to Latin America are growing at 3 rigors and demands of ever increasing levels colleagues to take interest in the following arti- times the global rate. of responsibility, he found the time and energy cle. By next year, the Andean Pact countries to develop what may be termed a career in [From the Washington Times, Dec. 9, 1994] are expected to set a common external tariff community service. no greater than 20 percent. As a result, they ABELARDO VALDEZ Mr. Brown's extensive involvement in non- will become one of our 12 largest markets, profit community groups include serving as Twenty seven years ago, as a young mili- accounting for $10 billion in U.S. exports. tary aide, I accompanied Lyndon Johnson to The United States sells more to the pact’s 95 part chairman of the National Business Policy the first summit of the presidents of the million people than to China’s 1.2 billion Review Council, past imperial potentate of the Americas at Punte del Este, Uruguay. That people. Prince Hall Shriners, trustee for the Arthritis summit’s primary goal was to support the MERCOSUR, the common market estab- Foundation, the Jesse Owens Foundation, the beginning of trade liberalization among the lished by Brazil, Argentina, Paraguay and NAACP Board, the Kennedy Center National Latin American countries. The second sum- Uruguay, has agreed to eliminate all non- Orchestra Board, the American Marketing As- mit of the Americas begins in Miami today, tariff barriers affecting regional trade. with the primary goals of expanded free sociation, the Public Relations Society of NAFTA in its first 11 months of existence America, the Congressional Black Caucus trade, strengthening democracy and advanc- already has proven that free trade produces ing economic and social development strong positive benefits. U.S. exports to Mex- Corporate Advisory Council, and numerous throughout the Western hemisphere. ico have expanded by more than 17 percent, other organizations including Alpha Phi Alpha In the quarter-century between these two and Mexico’s exports to the United States Fraternity and Sigma Pi Phi Fraternity. He has historic events, our hemispheric neighbor- grew by 20 percent. If this continues, Mexico also served as adjunct professor at Howard hood and the world have changed dramati- will displace Japan as our second-largest University and guest lecturer at numerous in- cally, and the small seed planted at Punta world market by year’s end. stitutions across the Nation. del Este is blossoming into a hemispheric Yet, despite the potential great benefits, free trade area, and, I predict, into a future Henry Brown's efforts have earned for him there is strong congressional reluctance to the respect and admiration of citizens and or- Common Market of the Americas. The North move on the Western Hemisphere Free Trade American Free Trade Agreement (NAFTA) initiative. This also was the reason the Clin- ganizations in every sector of this country. In has set the stage. ton administration was forced to withdraw addition, to receiving honorary doctoral de- The Miami Summit is a critical step in fast-track negotiating authority from the grees from St. Paul's College and his alma creating a Western Hemisphere Free Trade GATT bill passed by Congress last week. matter, Texas Southern University, he is the Area (WHFTA). The U.S., Canadian and The bottom line is that those who are for recipient of numerous awards and citations Latin American governments realize that a Western Hemisphere agreement had better from the National Urban League, the NAACP, this summit is not only a historic but a wa- start a strong effort now to ensure that Con- tershed event for expanding hemispheric free the National Newspaper Publishers, the Elks gress gets behind the agreement and passes Grand Lodge, the Prince Hall Shriners, the trade. fast-track. the role of the United States will be piv- Continental Societies, Inc., the American Can- f otal, and the U.S. Congress is clearly divided cer Society, the National Medical Association, on whether to grant the president the indis- TRIBUTE TO MR. HENRY H. the United Negro College Fund, and the Jesse pensable ‘‘fast track’’ trade negotiating au- BROWN, AN OUTSTANDING BUSI- Owens Foundation, to mention a few. thority. NESS, CIVIC, AND EDUCATIONAL This outstanding professional and commu- It behooves us then to state why the Unit- nity leader has left an indelible imprint on the ed States, in partnership with Canada and LEADER Latin America, should pursue this ambitious lives of those whom he has been privileged to goal of creating a WHFTA within the next HON. WILLIAM (BILL) CLAY touch and his contributions shall live on decade. The NAFTA experience teaches us OF MISSOURI through their efforts in countless pursuits never to take for granted that a good idea IN THE HOUSE OF REPRESENTATIVES across this vast land. will automatically pass Congress or that f people beyond the Capital Beltway are prop- Friday, January 13, 1995 erly informed about the issue. Mr. CLAY. Mr. Speaker, it is rare for one to A TRIBUTE TO ED MADIGAN So, first let us examine both the potential meet a truly outstanding individual and even U.S. benefits of hemispheric free trade and why a trade partnership with Latin America more rare to get to know such a person. It has SPEECH OF now is feasible. been my privilege and pleasure to have had Latin America is undergoing dramatic eco- such an experience in the person of Henry H. HON. WILLIAM O. LIPINSKI nomic policy transformation. The Inter- Brown, businessman, civic leader and educa- OF ILLINOIS national Monetary Fund predicts higher eco- tor par excellence. IN THE HOUSE OF REPRESENTATIVES nomic growth for the region than any other Last January, Henry Brown officially retired over the next decade—about 6 percent per from the Anheuser-Busch Companies after a Wednesday, January 11, 1995 year. These changes, ongoing for several career spanning 35 years during which he Mr. LIPINSKI. Mr. Speaker, I rise today to years, have included privatizing economies and opening markets to foreign trade and in- rose from sales representative to senior vice- pay tribute to Mr. Edward R. Madigan, former vestment. Latin leaders are eager to maxi- president for Marketing Development and Af- Secretary of Agriculture under President Bush mize economic benefits, such as through in- fairs. and long time U.S. Representative from Illi- creased competitiveness and investment, As a corporate executive, he developed in- nois' 15th Congressional District. Although Mr. through a hemispheric free trade pact. novative marketing strategies which were ex- Madigan was undergoing aggressive Moreover, Latin American countries have tremely effective and productive. anticancer treatment at St. John's Hospital in greatly expanded democracy over this same One such program is Budweiser's Great Springfield, IL, he died on December 7, 1994 period. Latin leaders perceive that increased Kings and Queens of Africa which has brought from complications related to lung cancer. He economic growth and opportunity is the best catalyst for social progress and the best way the richness of the ancestral history of African- was 58 years old. to strengthen democracy. Americans to millions since 1975. When Mr. Madigan was first elected to the Today, the United States accounts for Another was the Budweiser Community U.S. House of Representatives in 1972, he about 60 percent of the total goods imported Health Mobile which provided free health told a newspaper reporter that he had but one by Latin America and the Caribbean, a re- screening in communities where the company goal: ``I have the ambition to be an influential gion with a growing population of 460 mil- marketed its products. member of Congress and to use that influence lion. In 1993, there was $141 billion in trade His contributions and leadership were also to bring credit to myself and to help people.'' between the United States and Latin Amer- evident in the Chiefs I and Chiefs II program During his 18 year tenure in Congress, Mr. ica. By the end of the ’90s, the Western Hemi- which saluted the Nation's top law enforce- Madigan skillfully and more than adequately sphere is expected to account for nearly $200 ment officers of African-American heritage and fulfilled his goal. He protected the interests of billion in U.S. exports—considerably more the first Lou Rawls Parade of Stars telethon his constituents in rural Illinois through his than the United States sells to all Europe which benefited the 41 United Negro College ranking member status on the House Agri- plus Russia and more than it exports to Fund institutions. culture Committee and the House Committee E 98 CONGRESSIONAL RECORD — Extensions of Remarks January 13, 1995 on Energy and Commerce. In fact, Mr. Mad- It is appropriate to transfer the property to But instead of an apology, or even an ad- igan played a significant role in amending the the State of Arkansas since the funds used to mission of intellectual error, most of these 1985 farm bill to ensure that it favored the free finance the hatchery's programs are raised people have continued arrogantly along, indif- market approach instead of imposing produc- within the borders of Arkansas. In addition, ferent to the suffering they contributed to or tion limits. He also helped craft the final com- without this transfer, Arkansas would be un- lacking the courage to air their guilty con- promise on the clean air legislation that en- able to make long-term commitments as to the sciences. In the 1980's, they were Sandinista couraged the use of ethanol. direction the hatchery will take in its oper- fans and nuclear freezers. Today, they are As Mr. Madigan worked to best serve his ations. global warming crusaders, population control- constituents, he built a reputation with his con- I introduced similar legislation last year, lers, and senior foreign policymakers in the gressional colleagues as an honest, charming, H.R. 4253, which passed both the House of Clinton administration. low-key consensus builder. He used his soft- Representatives and the Senate. Unfortu- But Mr. Speaker, perhaps there is hope. For spoken, behind-the-scenes style of com- nately, this bill died in the last hours of the at least one major liberal opponent of the war, promise to get things done. He made a priority 103d Congress. Nevertheless, this is a non- William Shawcross, author of the book, ``Side- out of learning the first name of each Member controversial bill and I urge my colleagues to show,'' has seen the light. In an extraordinary of Congress so that each Member of Con- support this legislation. article in the December 16, 1994, London gress would then make it a priority to get to H.R.— Times, Mr. Shawcross admits what many of know him. Mr. Madigan's sincerity and dedica- Be it enacted by the Senate and House of Rep- us have known for 30 years. Please listen tion made him an influential member of the resentatives of the United States of America in carefully to this quote from the article: Republican Party and the Illinois delegation. Congress assembled, Indeed those of us who opposed the Amer- I treasure the years I was able to serve in SECTION 1. SHORT TITLE. ican war in Indo-China should be extremely the U.S. House of Representatives with Mr. This Act may be cited as the ‘‘Corning Na- humble in the face of the appealing after- Madigan. I am also grateful that we were able tional Fish Hatchery Conveyance Act’’. math: a form of genocide in Cambodia and to work closely as members of the Illinois del- SEC. 2. CONVEYANCE OF CORNING NATIONAL horrific tyranny in both Vietnam and Laos. FISH HATCHERY TO THE STATE OF Looking back on my own coverage for the egation. Although we belonged to different po- ARKANSAS. Sunday Times of the South Vietnamese war litical parties, we shared a strong commitment (a) CONVEYANCE REQUIREMENT.—Within 180 effort of 1970–75, I think I concentrated too to the citizens of Illinois and of the United days after the date of the enactment of this easily on the corruption and incompetence of States. I offer my sincere condolences to his Act, the Secretary of the Interior shall con- the South Vietnamese and their American wife and three daughters. Mr. Madigan often vey to the State of Arkansas without reim- allies, was too ignorant of the inhuman mentioned how grateful he was for the support bursement all right, title, and interest of the Hanoi regime, and far too willing to believe his family gave him. We will all miss Mr. Mad- United States in and to the property de- that a victory by the communists would pro- igan but we always remember his remarkable scribed in subsection (b), for use by the Ar- vide a better future. But after the com- kansas Game and Fish Commission as part of munist victory came the refugees to Thai- contribution to the House of Representatives. the State of Arkansas fish culture program. land and the floods of boat people des- f (b) PROPERTY DESCRIBED.—The property re- perately seeking to escape the Cambodian ferred to in subsection (a) is the property killing fields and the Vietnamese gulags. LEGISLATION CONVERTING THE known as the Corning National Fish Hatch- Their eloquent testimony should have put CORNING FISH HATCHERY TO ery (popularly known as the William H. paid to all illusions. THE STATE OF ARKANSAS Donham State Fish Hatchery), located one Mr. Shawcross is to be commended for hav- mile west of Corning, Arkansas, on Arkansas State Highway 67 in Clay County, Arkansas, ing the courage to be so honest, Mr. Speaker. HON. BLANCHE LAMBERT LINCOLN consisting of 137.34 acres (more or less), and Too bad that cannot be said about the 1960 OF ARKANSAS all improvements and related personal prop- generation liberals who are running our foreign erty under the control of the Secretary that policy now, as they busily normalize our rela- IN THE HOUSE OF REPRESENTATIVES is located on that property, including build- tions with Vietnam, prepare to dump taxpayer Friday, January 13, 1995 ings, structures, and equipment. money into North Korea, and gut this Nation's (c) REVERSIONARY INTEREST OF UNITED Mrs. LINCOLN. Mr. Speaker, today I am in- defenses. A confession from some of them on STATES.—All right, title, and interest in Vietnam would do the country a lot more troducing legislation that would transfer prop- property described in subsection (b) shall re- erty rights in the Corning Fish Hatchery from vert to the United States if the property good. the Federal Government to the State of Arkan- ceases to be used as part of the State of Ar- f sas. Due to Federal budget cuts, the fish kansas fish culture program. The State of hatchery was closed in early 1983. However, Arkansas shall ensure that the property re- HONORING W.W. ‘‘BILL’’ STEINER the Arkansas Game and Fish Commission re- verting to the United States is in substan- tially the same or better condition as at the sumed hatchery fish production in May 1983, time of transfer. HON. ESTEBAN EDWARD TORRES after entering into an agreement with the Fish f OF CALIFORNIA and Wildlife Service. The fish hatchery has IN THE HOUSE OF REPRESENTATIVES been operating since 1983 as William H. 20 YEARS LATER: A LIBERAL Friday, January 13, 1995 Donham State Fish Hatchery. REPENTS ON VIETNAM This fish hatchery has become an important Mr. TORRES. Mr. Speaker, today I rise to part of the fisheries division fish culture pro- HON. GERALD B.H. SOLOMON recognize Wilfred W. Steiner. Bill, as he is gram and I believe that this transfer will great- OF NEW YORK known to his friends and family, will be retiring ly benefit the sportsmen and women of Arkan- IN THE HOUSE OF REPRESENTATIVES after 20 years as executive director of the In- sas. This warm water hatchery is very active dustry Manufacturers Council. and successful, producing 250,000 to Friday, January 13, 1995 Born in Berkeley, CA, Bill is an alumnus of 1,000,000 fish annually. About 95 percent of Mr. SOLOMON. Mr. Speaker, ever since the Armstrong University and received a distin- these hatchery-reared fish are stocked in new killing fields and the boat people began, some guished honor award from that institution. He or renovated public lakes. The remaining fish of us have been waiting for a confession from has served as president of the Alumni Asso- are allocated to private applicants for stocking those who got it wrong on the Vietnam war. ciation and commencement speaker at the new or renovated lakes and ponds. The prin- And those who were wrong, of course, were graduation ceremonies in 1982. cipal fish produced at the hatchery are those on the liberal left. The ones who told us His dedication to the Industry Manufacturers largemouth bass, bluegills, redear sunfish, that America was on the wrong side in the Council is only superseded in years of service white and black crappie, and channel catfish. war. The ones who called Ho Chi Minh, the to the Southern Pacific Co. in San Francisco, Currently, no Federal funds are used to op- Vietcong and, yes, the Khmer Rouge simple where he worked for 44 years. In 1952, Bill erate or maintain the William H. Donham State agrarian reformers. The ones who saw Amer- briefly left Southern Pacific and established Fish Hatchery. It is financed solely by funds ica and her allies as the source of all evil, and the W.W. Steiner Co. in Oakland, dealing in derived from resident and non-resident fishing who saw in our enemies only a various desire industrial and commercial real estate. After licenses sales. This transfer of ownership has for liberation. The ones who spat on our sol- completing the largest land transaction in the support from both the Arkansas Game and diers as they returned. The ones who hound- southern Alameda County in 1954, he was in- Fish Commission and the Fish and Wildlife ed us out of the war before we could secure vited to rejoin the Southern Pacific Co. In his Service. a full accounting of our missing men. new capacity he managed the company's January 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 99 Southern California real estate operations, pointed executive director of the Industry Man- Hospital and the San Antonio College Founda- headquartered in Los Angeles. ufacturers Council. He was named Man of the tion. Bill became invaluable to the company's ex- Year for the City of Industry in 1984. He has Throughout my tenure in the House of Rep- pansion, purchasing large tracts of land for in- also been recognized by Who's Who in Cali- resentatives, Bill has provided me advice and dustrial parks and for railroad operating pur- fornia for having demonstrated outstanding counsel on issues affecting our business com- poses in Orange, San Bernardino, and Los professional achievement, superior leadership munity. He has been supportive of many of Angeles Counties and in Arizona. He also ac- and exceptional service. my legislative endeavors and I am forever quired property for the automotive storage His commitment to his community extends grateful. On Wednesday, January 18, 1995, yards in Santa Fe Springs and Industry, as outside his professional life. In 1983±84, he the Industry Manufacturers Council and the well as the freight yards in Industry. After retir- served as division chairman for the United City of Industry will honor W.W. ``Bill'' Steiner. ing from the Southern Pacific Co. in 1972, Bill Way Campaign and is a member of the presi- became a real estate consultant to the presi- dent's circle of the Methodist Hospital Founda- Mr. Speaker, I ask my colleagues to join me dent of Southern Pacific Land Co. and indus- tion. He is past master of the Masonic Lodge, in marking this occasion and saluting Bill for trial coordinator for National Engineering Co. a 32nd Degree Mason and a member of the his years of dedication to the people of Cali- In 1975, known for his expertise in develop- Shrine. He is a director of the Colorado River fornia. ment and entrepreneurialism, Bill was ap- Association, the El Encanto Convalescent Friday, January 13, 1995 Daily Digest Senate by the Advisory Commission on Intergovernmental Chamber Action Relations. Pages S940±41 Routine Proceedings, pages S919–S955 (2) By a unanimous vote of 88 yeas (Vote No. Measures Introduced: Five bills and two resolu- 19), Kempthorne Amendment No. 19, to include, in tions were introduced, as follows: S. 226–230, S.J. reports on Federal mandates, a description of the ac- Res. 17, and S. Res. 53. Pages S944±45 tions taken by the committee to avoid any adverse impact on the private sector or the competitive bal- Measures Reported: Reports were made as follows: ance between the public sector and the private sec- S. Res. 53, authorizing expenditures by the Com- tor. Pages S940±41 mittee on Agriculture, Nutrition and Forestry. (S. Pending: Rept. No. 104–3) Page S944 Committee amendment number 9, beginning on Unfunded Mandates: Senate continued consider- page 15, line 6, to modify language relating to re- ation of S. 1, to curb the practice of imposing un- ports on Federal mandates. Page S928 funded Federal mandates on States and local govern- Senate will resume consideration of the bill on ments; to strengthen the partnership between the Tuesday, January 17. Federal Government and State, local, and tribal gov- Communications: Page S944 ernments; to end the imposition, in the absence of Statements on Introduced Bills: Pages S945±53 full consideration by Congress, of Federal mandates on State, local, and tribal governments without ade- Additional Cosponsors: Page S953 quate funding, in a manner that may displace other Amendments Submitted: Page S954 essential governmental priorities; and to ensure that Additional Statements: Page S954 the Federal Government pays the costs incurred by those governments in complying with certain re- Record Votes: Two record votes were taken today. quirements under Federal statutes and regulations, (Total–19) Page S941 with certain excepted committee amendments, tak- Recess: Senate convened at 9 a.m., and recessed at ing action on amendments proposed thereto, as fol- 4:46 p.m., until 9:15 a.m., on Tuesday, January 17, lows: Pages S919±22, S928±41 1995. (For Senate’s program, see the remarks of the Adopted: majority leader in today’s RECORD on page S954.) (1) By a unanimous vote of 88 yeas (Vote No. 18), Dorgan Modified Amendment No. 18, to pro- Committee Meetings vide for certain studies and reports to be performed No committee meetings were held. h House of Representatives H.R. 5, to curb the practice of imposing un- Chamber Action funded Federal mandates on States and local govern- Bills Introduced: 25 public bills, H.R. 499–523; 1 ments, to ensure that the Federal Government pays private bill, H.R. 524; and 1 resolution, H.J. Res. the costs incurred by those governments in comply- 54 were introduced. Pages H241±42 ing with certain requirements under Federal statutes Reports Filed: Reports were filed as follows: and regulations, and to provide information on the cost of Federal mandates on the private sector,

D 43 D 44 CONGRESSIONAL RECORD — DAILY DIGEST January 13, 1995 amended (H. Rept. 104–1, Part I); and (H. Rept. (Senate will recess on Tuesday, January 17, 1995, 104–1, Part II). Page H241 from 12:30 p.m. until 2:15 p.m., for party conferences.) Late Report: Committee on Government Reform Senate Committees and Oversight received permission to have until midnight tonight to file a report on H.R. 5, to curb (Committee meetings are open unless otherwise indicated) the practice of imposing unfunded Federal mandates Committee on Appropriations: January 19, Subcommittee on States and local governments, to ensure that the on VA, HUD, and Independent Agencies, to hold hear- Federal Government pays the costs incurred by those ings to examine the management and budget process at governments in complying with certain requirements the Department of Housing and Urban Development, under Federal statutes and regulations, and to pro- 9:30 a.m., SD–192. vide information on the cost of Federal mandates on Committee on Armed Services: January 17, to hold an open the private sector. Pages H236±38 and closed (SR–232A) briefing on the worldwide threat to the United States, 10 a.m., SR–222. Legislative Program: The majority leader an- January 19, Full Committee, to hold hearings on the nounced the legislative program for the week of Jan- condition of the Armed Forces and future trends, 9:30 uary 16. Agreed to adjourn from Friday to Tuesday. a.m., SR–222. Page H238 Committee on the Budget: January 18, to hold hearings on Meeting Hour: Agreed to meet at 9:30 a.m. on proposed legislation granting the President of the United Tuesday, January 17. Page H239 States legislative line-item veto authority, 10 a.m., SD–608. Calendar Wednesday: Agreed to dispense with Cal- January 19, Full Committee, business meeting, to endar Wednesday business of January 18. Page H239 mark up proposed legislation granting the President of Senate Messages: Messages received from the Senate the United States legislative line-item veto authority, today appear on page H233. 9:30 a.m., SD–608. Committee on Energy and Natural Resources: January 19, Amendments Ordered Printed: Amendments or- to hold hearings to review the implications of the North dered printed pursuant to the rule appear on page Korean nuclear framework agreement, 2 p.m., SD–366. H243. Committee on the Judiciary: January 17, business meet- Adjournment: Met at 10 a.m. and adjourned at ing, to resume markup of S.J. Res. 1, proposing an 10:55 a.m. amendment to the Constitution of the United States to require a balanced budget, 10 a.m., SD–226. January 17, Subcommittee on Constitution, to hold Committee Meetings hearings on proposals to grant the President of the Unit- PERSONAL RESPONSIBILITY ACT; ed States line-item veto authority, 2 p.m., SD–226. COMMITTEE ORGANIZATION Committee on Labor and Human Resources: January 18, or- ganizational meeting to consider committee budget reso- Committee on Ways and Means: Subcommittee on lution, rules of procedure for the 104th Congress, and Human Resources held a hearing on H.R. 4, Per- subcommittee assignments, 9:30 a.m., SD–430. sonal Responsibility Act. Testimony was heard from January 18 and 19, Full Committee, to hold oversight the following Governors: John Engler, Michigan; hearings on the activities of the Job Corps, 10 a.m., and Thomas R. Carper, Delaware; Mary Jo Bane, As- SD–430. sistant Secretary, Children and Families, Department Committee on Rules and Administration: January 18 and of Health and Human Services; and public witnesses. 19, to hold hearings on proposed committee resolutions Hearings continue January 20. requesting funds for operating expenses for 1995 and Prior to the hearing, the subcommittee met for 1996, 9:30 a.m., SR–301. organizational purposes. Select Committee on Intelligence: January 18, to hold closed hearings on intelligence matters, 2 p.m., SH–219. f CONGRESSIONAL PROGRAM AHEAD House Chamber Week of January 16 through 21, 1995 Monday, House is not in session. Tuesday, Consideration of the following Suspen- Senate Chamber sion: S. 2, Congressional Accountability Act. On Monday, Senate will not be in session. Wednesday, No legislative business is scheduled. On Tuesday, Senate will resume consideration of S. Thursday and Friday, Consideration of H.R. 5, 1, Unfunded Mandates. Unfunded Mandates Reform Act. During the balance of the week, Senate expects to NOTE.—Any further program will be announced complete consideration of S. 1, Unfunded Mandates. later. January 13, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 45 House Committees Committee on Resources, January 18, to consider pending business, 11 a.m., 1324 Longworth. Committee on Appropriations, January 18, Subcommittee on Energy and Water Development, on Downsizing Gov- Committee on Rules, January 18, to consider H.R. 5, Un- ernment, 2 p.m., 2362B Rayburn. funded Mandate Reform Act of 1995, 11 a.m., H–313 January 18, Subcommittee on Interior and Related Capitol. Agencies, on Secretary of Interior, 10 a.m., B–308 Ray- Committee on Small Business, January 18, hearing on Tax burn. Policy and Small Business (overview of small business tax January 18, Subcommittee on Labor, HHS, Education proposals as contained in the Contract with America and and Related Agencies, on Secretary of Education/ beyond), 2 p.m., 2359 Rayburn. Downsizing/GAO, 9 a.m., and on Secretary of Labor— January 19, hearing on Tax—Home Office Deduction, Downsizing/GAO, 2 p.m., 2358 Rayburn. 10 a.m., and Tax—Independent Contractor Status, 2 January 18, Subcommittee on Treasury, Postal Service, p.m., 2359 Rayburn. and General Government, on Downsizing Government/ January 20, hearing on Tax—Deductibility of Health Federal Personnel, 10 a.m., H–163 Capitol. Insurance Costs by the Self-Employed, 10 a.m., 2359 January 19, Subcommittee on Interior and Related Rayburn. Agencies, on Secretary of Energy, 10 a.m., and on Chief Committee on Transportation and Infrastructure, January of Forest Service, 1:30 p.m., B–308 Rayburn. 18, Subcommittee on Coast Guard and Maritime Trans- January 19, Subcommittee on Labor, HHS, Education portation, to hold an organizational meeting, 10:30 a.m., and Related Agencies, on Corporation for Public Broad- 2167 Rayburn. casting, 9:30 a.m., 2358 Rayburn. January 18, Subcommittee on Water Resources and January 19, Subcommittee on Treasury, Postal Service Environment, to hold an organizational meeting, 9 a.m., and General Government, on Downsizing Government/ 2167 Rayburn. GSA Courthouse Construction, 10 a.m., H–163 Capitol. January 19, Subcommittee on Surface Transportation, Committee on Commerce, January 19, Subcommittee on to hold an organizational meeting, 10:15 a.m., 2167 Ray- Telecommunications and Finance, hearing on Title II, Re- burn. form of Private Securities Litigation, of H.R. 10, Com- Committee on Ways and Means, January 17, 18, and 19, mon Sense Legal Reforms Act of 1995, 9:30 a.m., 2123 to continue hearings on proposals contained in the Con- Rayburn. tract with America, with emphasis on provisions to Committee on Economic and Educational Opportunities, Janu- strengthen the American family, 10 a.m., 1100 Rayburn. ary 18, hearing on Contract with America: Welfare Re- January 20, Subcommittee on Health, to hold an orga- form, 9:30 a.m., 2175 Rayburn. nizational meeting, 11 a.m.; followed by a hearing on tax January 19, Subcommittee on Postsecondary Education, incentives for long-term care insurance as part of H.R. 8, Training and Life-Long Learning, hearing on Contract Senior Citizens’ Equity Act, 11:30 a.m., 1310 Longworth. with America: Welfare Reform/JOBS Program, 9:30 a.m., January 20, Subcommittee on Human Resources, to 2175 Rayburn. continue hearings on H.R. 4, Personal Responsibility Act, Committee on International Relations, January 19, to con- 10 a.m., 1100 Longworth. tinue hearings on Evaluating U.S. Foreign Policy, Part II, Permanent Select Committee on Intelligence, January 19, 9:30 a.m., 2172 Rayburn. hearing on Intelligence Support to the U.N., 2 p.m., Committee on the Judiciary, January 19 and 20, Sub- committee on Crime, hearings on issues related to the H–405 Capitol. Taking Back Our Streets Act of 1995, 10 a.m., 2141 Joint Meetings Rayburn on January 19 and 9:30 a.m., 2237 Rayburn on January 20. Commission on Security and Cooperation in Europe: January Committee on National Security, January 18, executive, to 19, to hold hearings to examine the continued Russian receive a briefing on current intelligence and operations, assault on the self-proclaimed Chechen Republic, focusing 10 a.m., 2118 Rayburn. on its impact on Russian domestic policy and implica- January 19, hearing on the adequacy of the administra- tions for international relations in the post cold war pe- tion’s defense funding plan, 10 a.m., 2118 Rayburn. riod, 2 p.m., 2172 Rayburn Building. D 46 CONGRESSIONAL RECORD — DAILY DIGEST January 13, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Tuesday, January 17 9:30 a.m., Tuesday, January 17

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: Consideration of the following morning business (not to extend beyond 9:30 a.m.), Sen- Suspension: S. 2, Congressional Accountability Act. ate will resume consideration of S. 1, Unfunded Man- dates. (Senate will recess from 12:30 p.m. until 2:15 p.m. for party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Goodling, William F., Pa., E92, E95 Reed, Jack, R.I., E94 Kleczka, Gerald D., Wis., E96 Richardson, Bill, N. Mex., E91, E94, E96 Camp, Dave, Mich., E92 Lincoln, Blanche Lambert, Ariz., E98 Solomon, Gerald B.H., N.Y., E98 Clay, William (Bill), Mo., E97 Lipinski, William O., Ill., E97 Torres, Esteban Edward, Calif., E98 Collins, Cardiss, Ill., E96 McKeon, Howard P. ‘‘Buck’’, Calif., E95 Weldon, Curt, Pa., E93 Coyne, William J., Pa., E93 Packard, Ron, Calif., E96 Cunningham, Randy ‘‘Duke’’, Calif., E94 Pelosi, Nancy, Calif., E91

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